Will the New Points Test Affect My Skilled Visa Application?

The Australian Government has confirmed that the points test for skilled visas will be reformed. If you have an expression of interest (EOI) in SkillSelect, an invitation, or a 189, 190 or 491 application already lodged, the most common question we hear is simple: will the new test apply to me?

The answer depends on a rule many applicants have never heard of. Your points are assessed under the law in force when the case officer assesses them, not the law in force when you were invited or when you lodged.

What has been announced

In the 2026-27 Budget, the Government said it will reform the permanent migration points test to better identify migrants who drive productivity and Australia’s long-term prosperity. The Budget papers say the test will be optimised to select better educated, higher-skilled and younger migrants overall. Almost two-thirds of permanent skilled migrants are currently selected through points-tested visas.

The Budget did not give a start date, a new points table or any transitional arrangements. We will update our skilled visa points table when the new rules are made. Until then, the current Schedule 6D points test applies.

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When are your points actually assessed?

There are three different scores in a skilled visa case, and it helps to keep them separate:

Score	What it is	When it is set
EOI score	The score SkillSelect calculates from the claims in your EOI	Every time you update your EOI
Invitation score	Your EOI score at the moment you were invited. It is printed on your invitation	Date of invitation
Assessed score	The score a case officer gives you after checking your evidence	Any time between lodgement and the decision

The Department’s own instructions say the score in your invitation is only an estimate. It is not your assessed score. The assessed score is a separate decision under section 93 of the Migration Act, and it can be made at any point between lodgement and the final decision.

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Why the timing matters if the test changes

Section 93(2) of the Migration Act says your assessed score is based on the regulations in force when the assessment is made. The Department’s instructions spell out what this means: if the points test changes after you lodge, but before your points are assessed, the officer must apply the current law. The pass mark that applies is also the one in force when you are assessed (section 94).

This creates two risks for applicants whose points are assessed after a new test starts:

• Your assessed score could fall below your invitation score. For the 189 and 190, your assessed score must not be less than the score stated in your invitation. If the new test gives fewer points for one of your factors, you may not meet this requirement.
• Your assessed score could fall below a new pass mark. If the pass mark changes, the one in force when you are assessed applies.

This is the default position under the Act. When the Government amends the regulations, it can include transitional or application provisions that protect people who were already invited or had already lodged. We do not yet know whether it will do so, which is why you should not assume either outcome.

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An assessed score cannot be changed once it is given

The Department’s instructions also say that once an assessed score is given, it is a decision and cannot be changed. Officers cannot revisit or revoke it, even if doing so would favour you. If your points are assessed before any new test starts, that score stands. A refusal based on points can be reviewed by the Administrative Review Tribunal, which can set the decision aside.

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What you can do now

1. If you have been invited, lodge a complete, decision-ready application within the 60 days, with evidence for every claim. A complete file gives the case officer what they need to assess your points.
2. If your EOI is in SkillSelect, keep it accurate and up to date. Make sure every claim can be proven as at the invitation date. Our guide to what to do if you are invited but cannot prove a claim explains your options.
3. Do not rely on a single factor. If you are close to the line, think about other points you may be able to prove, such as a higher English score or a Professional Year.
4. Consider other pathways. Employer-sponsored visas such as the 186 do not use the points test.
5. Watch for the final rules. The amending regulations will show whether existing invitations and applications are protected.