VIC Adding spouse into EOI after submission.

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AliTar

Member
27 September 2022
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Hi Everyone,
I know this question asked before many times. Nonetheless couldn’t get satisfactory response in any forum, therefore posting here to find out if you help me.
Myself primary applicant and submitted my application for Subclass 190 EOI in June 2021 with 80 points at time of my initial EOI. After that I got married in May 2022 concurrently waiting for invitation since then.
Now, trying to get information to add my spouse on my exiting EOI.
I know, I will lose 10 points as per the 16 November 2019 legislation, which affected the 190, 189 and 491 visa subclasses as to declare married or de facto in EOI.
Then I come cross this article:
Lose 10 Points for Not Staying Single! GSM Points Test - Australia Visa
“The consequence of losing these points can be devastating because it could mean that you would no longer be able to meet the total points claimed in your expression of interest at the time of invitation. As such in Schedule 2 of the regulations for all of these points based visas, the visa may be refused.
To claim 10 points for Partner Qualifications, your spouse must have been included in the EOI, nominated a particular occupation from the list, obtained a positive skill assessment for this occupation and also have valid evidence of competent English.”
In my situation, my spouse received valid skills assessment from ACS and have competent English (PTE academic 50 each score), which is equal to 10 points to claim and maintain my 80 points as per my initial EOI.
So, what you guys think, Is my understanding correct? Or is there anything I am missing here.
Appreciate any response.
Thanks…/
 

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4 February 2025
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Hi AliTar, you are correct when updating your Subclass 190 EOI to include your spouse, the 16 November 2019 legislation reduces points for married applicants unless your spouse meets the partner qualifications. Since your spouse has a positive ACS skills assessment and competent English (PTE 50 each), you can claim the additional 10 points, keeping your total at 80 points as per your initial EOI. Make sure all documentation is valid and your relationship details are accurately updated to avoid delays. For a detailed guide on safely adding a spouse to your EOI, you can refer to this resource from our website: Emigrate Lawyers – Subclass 190