Frequently Asked Questions
I claimed single status in my EOI, received an invitation and lodged my visa. I heard that points get frozen at time of invitation. So, can I get married or enter into a de-facto relationship after lodging visa, but before grant of the visa ?
Updated 1 year ago
The Partner points and state/territory sponsorship points are a time of decision criteria, meaning the case officer has to make a decision on the allocation of these points when your file is being assessed.
All the other points in Schedule 6D like Age, English, Study etc, are all - time of invitation criteria. These means the points are locked in when the invitation is sent out to apply for the visa.
To claim 10 points for partner skills category:
- you either have to be single OR
- your partner should be an Australian Citizen or Permanent Resident OR
- your partner should have minimum Competent English + Skill Assessment in an eligible occupation
If you claim 10 points for single and receive an invite based on this, you must not change your marital status until you get visa grant.
If you get married or entered de-facto after lodging visa, but before grant, then your points claimed is invalid - means you over claimed 10 points in your PR application. The exception being:
- if your (new) partner is an Australian Citizen or Permanent Resident (10 pts) OR
- your (new) partner had competent English + a valid skill assessment for partner skills at the time of invitation (10 pts).
Source: MIGRATION REGULATIONS 1994 - SCHEDULE 6D
If you are in this situation, please consult a registered migration agent ASAP to explore your options.
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