Major update from DHA on partner points Information updated...

Major update from DHA on partner points

Information updated on 12 Dec 2025: - If applicant claimed single points at the time of invitation (189/190/491) they must be single until their visa grant. - ⁠Even if applicant married skilled partner (skills assessment and competent English) after the invitation and before the grant will not give 10 points to the applicant and visa will be refused. - This is because the partner must already have been included and have nominated an occupation at the time of invitation for those partner points to count.

Refusals under Regulation 190.212 – Partner Points

Members are advised that the MIA has observed refusals under regulation 190.212 where applicants have attempted to claim points under Part 6D.11 Partner Qualifications following a change in marital status between receiving an invitation and lodging a Subclass 190 visa application. In these cases, applicants who were single at the time of invitation were awarded ten points under Item 6D112. After invitation, they married a skilled partner and sought to claim ten points under Item 6D111. Although the partner held a valid skills assessment predating the invitation, the Department has determined that applicants are not eligible to claim skilled partner points after the invitation is issued, as they are no longer single and under Item 6D111(d), the partner must have nominated a skilled occupation at the time of invitation in order for the applicant to claim the points.

The MIA assisted the member in challenging these refusals as jurisdictional error, but after approximately eight months the Department ruled that the decision was lawful.

Members should exercise caution when advising clients in these circumstances. Any change in marital status between invitation and application may result in refusal if points are claimed under the skilled partner category. It is essential that applicants understand that their skilled partners will need to be included in the application at the time of invitation for them to meet Item 6D111(d) and claim the 10 points at the time of points assessment for the visa application.

The matter was also escalated to the Director of Independent Skills and Innovation Policy. In these discussions, the MIA emphasised that the current interpretation was harsh given the extensive processing delays which are beyond the applicants’ control and are inconsistent as applicants are able to claim points if they marry an Australian citizen or permanent resident but not if they marry a skilled partner.

The Director advised that the regulations are intended to prevent applicants from unduly claiming points or adding non-genuine partners after invitation. To address concerns about processing times, the Department is working towards a more regularised approach to invitation rounds, aiming to reduce the time between invitation and visa application assessment and thereby minimise the likelihood of significant changes in applicants’ circumstances. The Department also confirmed that when exploring options for points test reform, the issues raised by the MIA will be taken into account, with the aim of achieving equitable outcomes for skilled migrants while maintaining the integrity of these programs.