Invited but Can’t Prove a Claim? Lodge or Let the Invitation Lapse

You have received an invitation, started gathering documents, and found a problem. Perhaps a reference does not cover the dates you claimed, your English test was taken too long before the invitation, or your partner’s skills assessment was not ready in time. What should you do?

Why your EOI is locked

Under the Department’s SkillSelect instructions, once you are invited your EOI is locked and cannot be amended during the invitation period. You also cannot receive a second invitation while the first is still valid. Your invitation shows your claimed score, and that is the score your application is measured against.

---

Step 1: work out the score you can prove

List every points factor and the evidence you hold for it, as at the invitation date. Then add up only what you can prove.

Result	What it means
Provable score is equal to or higher than your invitation score	The points requirement can still be met, even if one claim fails. Individual factors do not have to match your EOI, only the total.
Provable score is lower than your invitation score	The points requirement cannot be met, and an application is very likely to be refused.

Most factors are tested at the invitation date. Evidence obtained later can prove something that already existed then, but it cannot create something you did not have. For example, an English test taken after the invitation will not support English points.

---

Step 2: lodge or let it lapse

Option	When it may suit	What to watch
Lodge	Your provable score still meets your invitation score and every other criterion is met	Lodge a complete application with evidence for each claim, within the 60 days.
Let the invitation lapse	Your provable score is below your invitation score, or you need to change your nominated occupation	The invitation simply expires after 60 days. You can then correct your EOI and wait for a new invitation.

The Department’s 189 instructions say this directly: if a person needs to change their occupation or other details in their EOI after being invited, they will need to let the current invitation lapse, update the EOI and be invited again on the new basis.

---

Things to know before you let an invitation lapse

• An EOI is closed if two invitations expire without an application being lodged. If this is your second invitation, get advice first.
• Your EOI stays in SkillSelect for 2 years from when it was created or submitted. Suspending it does not extend that period.
• When you correct your points, your date of effect for ranking changes. You may wait longer for an invitation at the lower score.
• If you have turned 45 since you were first invited, your EOI will go back to draft and you cannot be invited again.
• If a visa application that followed an invitation is refused, the EOI is closed. You would need a new EOI.

---

Why lodging a weak application is risky

If your assessed score is lower than your invitation score, the 189 and 190 criteria cannot be met. The visa application charge is generally not refunded on refusal. If a claim is found to be false or misleading, PIC 4020 can also lead to refusal and an exclusion period.

For more on how EOI mistakes are treated, read errors in entering EOI information. For specific claims that often fail, see our guides on skilled employment, 485 skills assessments and relationship changes after invitation.