Married, Separated or Had a Baby After Your Skilled Visa Invitation?

Life does not stop for a visa application. If you marry, separate or have a baby after you are invited, it can affect both your points and who is included in your application. This guide explains how each change is treated under the current rules. For background, see our guide to who can claim partner points.

Two different times matter

The Department’s instructions for the points test separate two questions:

Question	When it is tested
Does your partner meet the skills, age and English requirements?	At the time of invitation
Are you single, or is your partner an applicant, an Australian citizen or a permanent resident?	At the time your points are assessed

The instructions say that if your relationship status, or your partner’s residence status, changes after invitation or after you apply, your partner points may also change.

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If you marry after the invitation

If you claimed 10 points as a single applicant and then marry or enter a de facto relationship before your points are assessed, you may no longer qualify for the single points. You also cannot usually claim 10 skilled partner points instead, because the partner must have nominated a skilled occupation at the time of invitation, and the partner must be an applicant. We covered refusals in this exact situation in our news post on skilled partner points and changes in marital status. Check whether your remaining points still meet your invitation score before you lodge.

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If you separate after the invitation

If you claimed partner points and then separate, those partner points may no longer be available when your points are assessed. You may qualify for the single points instead, which could balance the total. Officers check relationship claims against your past visa applications, and inconsistencies are put to you for comment.

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If you have a baby

Under regulation 2.08, a child born after the application is made but before it is decided is taken to be an applicant for the same visa, combined with the primary applicant. Tell the Department about the birth and provide the birth certificate. A new baby does not change your points.

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Adding other family members

A partner or child does not need to have been in your EOI to be included in the application. Family members can apply at the same time, or in some cases be added to an application that has been lodged but not decided. Each added person must meet the health and character requirements, and the primary applicant’s visa has to be granted first.

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Your duty to tell the Department

Section 104 of the Migration Act requires you to notify the Department if your circumstances change so that an answer in your application is no longer correct. This includes births, deaths, marriage, separation and new relationships. Not telling the Department can create much bigger problems than the change itself.

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What you should do now

• Married or partnered since your invitation: recalculate your points without the single points before you lodge, and check you still meet your invitation score.
• Separated since your invitation: tell the Department, and work out whether single points replace the partner points you claimed.
• Had a baby: notify the Department and provide the birth certificate. A child born after you apply and before a decision is taken to be an applicant.
• Any other change: tell the Department promptly. Section 104 requires it, whatever the change.