If you are planning for the Subclass 190 visa or have recently received your invitation, be aware that changing points claimed for your partner’s skills after the invitation can lead to visa refusal.
The MIA has recently observed several cases where applicants who married a skilled partner after receiving their invitation and tried to claim partner points faced lawful refusals, even when the partner held a valid skills assessment.
Refusals Happen When:
- Applicants are single at the time of invitation and receive 10 points under Item 6D112.
- After the invitation, they marry a skilled partner and try to claim 10 points under Item 6D111.
This type of case is showing visa refusals.
Even if the partner has a valid skills assessment from before the invitation, the Department says points cannot be claimed after the invitation. The partner must have nominated a skilled occupation at the time of invitation to be eligible.
What to Do to Reduce the Risk of Refusal
To reduce the risk of refusal:
- Ensure all points claimed are accurate at the time of invitation.
- Include any skilled partner before your invitation is issued.
- Understand that post-invitation marital changes carry a high risk of refusal, even if your partner is fully qualified.
- Plan carefully and seek advice if you are considering changes to your marital status after receiving your invitation.
Department’s Intent and Policy Approach
The rules are designed to prevent applicants from claiming points unfairly or adding non-genuine partners after the invitation. While processing delays can be frustrating and are often beyond an applicant’s control, the Department maintains that eligibility for partner points depends on the situation at the time of invitation.
To address delays and improve fairness:
- The Department is working to regularise invitation rounds by reducing the time between invitation and visa application assessment.
- Any future points test reforms will consider these issues to ensure fair and equitable outcomes for skilled migrants while maintaining the integrity of the program.
Stay Updated with Growmore Immigration
For guidance on Subclass 190 visas, partner points, or any Australian skilled migration pathway, contact Growmore Immigration:
- Email: info@growmore.one
- WhatsApp: +61434202021
- Phone: +61387643334
Source: MIA Notice 34