Skilled Visa Partner Points 

Skilled visa applicants often assume that once they lodge their visa application, their points are locked in. However, this is not always the case, especially when it comes to relationship status.

Points system

When applying for a skilled visa (subclasses 189, 190 and 491), applicants must submit an Expression of Interest (EOI), where they are assigned a score on the points test. This score is made up of many factors, such as age, English ability and relationship status. 

Being single is often advantageous for the points test, where maximum points in the relationship category are awarded, equal only to applicants with a partner with competent English and a skills assessment. 

Entering relationship during visa processing

Skilled visa application processing can often exceed multiple years, so what happens if a person applies for the visa on the basis of being single, but enters into a relationship during visa processing? 

Unfortunately, this means the applicant can no longer claim points on the basis of being single. This is because partner points are calculated at the time of decision. A change in relationship status can therefore reduce total points below the points claimed at time of invitation. 

For the application to succeed, the applicant would need to prove that at the time of invitation, they had a proportionate number of points they could have claimed but did not. Unfortunately, in many cases, applicants are unable to do this.

How to prevent visa refusal 

Partner points is an example of the many problems that can arise when visa applicants are trying to do the right thing but do not fully understand nuanced visa requirements.  

If you would like assistance with your skilled visa application or have any concerns you would like to discuss with a migration lawyer, please contact us.