Skilled Visa Refused (189, 190, 491): Common Reasons and Your Review Options

Skilled visa refusals often come down to one detail: a points claim that could not be proved, a skills assessment that was not valid on the right date, or an English result that did not match the invitation. Because points tested visas are invitation based, many criteria are fixed at the date you were invited. This guide covers the common reasons for refusal and your options for the 189, 190 and 491 visas.

Common reasons skilled visas are refused

Reason	What usually went wrong
Points claims not proved	Work experience, qualifications or partner points could not be verified, or were claimed at a higher level than the evidence shows
Skills assessment	Not held at the time of invitation, for a different occupation, or the assessed experience does not match the points claimed
English	The test result was not held at invitation, did not meet the level claimed, or the test was taken too long ago
Age	You were not under 45 at the time of invitation
State or territory nomination	The nomination was withdrawn or no longer valid
False or misleading information	A document could not be verified, leading to a PIC 4020 refusal
Health or character	Requirements not met for you or a family member

Your points at invitation must match your evidence. If your evidence does not support the points you claimed, your score may fall below the pass mark, and the Department may also consider whether false or misleading information was given. See the points test table and unlawful work and skilled visa points.

---

Review rights

• Applied in Australia: you can generally apply to the ART if you are in Australia when you lodge. The deadline is 28 days after notification.
• 189 or 190 applied for outside Australia: only reviewable if you were in Australia when the decision was made and are still in Australia when you lodge.
• 491 applied for outside Australia: the relative sponsor or nominating state or territory may be able to apply for review, if the regulations allow it.
• PIC 4020 refusals: these are often worth reviewing, because of the exclusion period that can follow. See PIC 4020.

At the ART, new evidence must show that you met each criterion at the relevant time. A new skills assessment or English test obtained after the invitation will not usually fix a time of invitation problem. See ART review.

---

Reapplying after a skilled refusal

You can submit a new Expression of Interest and wait for a new invitation, but that depends on invitation rounds, which can be very competitive. If you are in Australia without a substantive visa, the section 48 bar applies. You can still apply onshore for the 190, 491 and 494, but not the 189. See the section 48 bar and reapply or seek review.

If you hold, or last held, a 491 or 494, check the 3 year rule before applying for a 189 or 190. See the 491 and 494 three year rule.

---

What you should do now

• Check the date of invitation: most points claims are tested at that date.
• Compare your EOI with your evidence: find the exact gap the case officer relied on.
• Decide quickly between review and a new EOI: the ART deadline is 28 days.
• Watch your visa status: your bridging visa end date depends on whether you lodge a review.