Skilled Partner Points and Changes in Marital Status for Subclass 190 Visa Applicants

The Issue

Applicants who were single at the time they received their invitation may have been awarded 10 points under the “single applicant” category in the points test.

In some cases, applicants later married or entered into a de facto relationship before lodging their visa application and then attempted to claim 10 points for a skilled partner instead.

While the partner may have held a valid skills assessment and otherwise met the skilled partner criteria, the Department has taken the view that applicants cannot switch from “single applicant” points to “skilled partner” points after invitation if the partner was not included at the time the invitation was issued.

Why Applications May Be Refused

Under the Migration Regulations, skilled partner points can only be claimed where the partner details formed part of the invitation assessment.

Where an applicant received an invitation as a single person and later changes their marital status, the Department may determine that:

• the original points score is no longer valid; and
• the applicant cannot retrospectively substitute single applicant points with skilled partner points.

As a result, the applicant may no longer meet the minimum points threshold required for time of invitation, which can lead to refusal of the visa application.

Important Considerations for Applicants

Applicants should carefully consider the impact of any relationship changes after receiving an invitation for a Subclass 190 visa.

Key issues include:

• whether the applicant originally claimed points as a single applicant;
• whether the partner was declared in the Expression of Interest (EOI);
• whether the partner was included at the time the invitation was issued; and
• whether the applicant would still meet the required points threshold after the change in circumstances.

Practical Advice

Applicants who experience a change in marital status after invitation should seek professional migration advice before lodging their visa application.

A careful review of the points position and invitation details is essential to minimise the risk of refusal.

For applicants intending to rely on skilled partner points, it is important that the partner is included in the EOI and invitation stage so that the points can be validly claimed at the time of visa application.