australia immigration skilled visa

New Laws Impacting Skilled Visa Applications Intending to Get Married

Australia Immigration

Suppose you have applied for Australia Immigration Skilled Visa, particularly visa subclasses 189, 190, and 491, and you are thinking of getting married. You surely need to keep an eye on the new laws brought by the Immigration Department. These laws can impact your immigration.

When you submit your application as a single person, you will get 10 points towards your total points. However, according to a new law, these 10 points will be deducted from you. The deduction of these points will be under the Partner Qualification regulations. If you get married or enter a de facto relationship, your visa is under consideration.

What does The New Rule mean?

These Partner points and State/Territory sponsorship points are “time of decision” criteria. It means that the case officer will decide about the allocation of these points at the time of assessing your file. However, other points like Age, Study, English, etc., fall under the “time of invitation” criteria. These points will be lock while the you receive the invitation to apply for the visa.

Therefore, if you are single at the time of the invitation, you will get 10 points under the Expression of Interest System. However, if you marry or enter into a spouse relationship after your invitation, your points will be deducted automatically, notwithstanding your new partner’s skills. However, the only exception is if your new partner is an Australian citizen or Australian Permanent Resident.

Impact of Losing These Points on Your Visa Application?

Every year, many immigrants apply for Australia Immigration Skilled Visa to move to Australia. However, the approval of this visa is according to the points gained for several important factors.

Moreover, the impact of losing these 10 points is that you may no longer be able to comply with the total points claimed in your EOI at the time of invitation. According to the strict regulations regarding point-based visas, your visa may get refusal.

However, if you are not single, you can only claim these 10 points for the EOI for Partner Qualification. You can get these points if you include your spouse in the EOI but not after that.

 Moreover, your spouse will also need to have nominated a particular occupation from the list. Your partner will fall under the same subclass as you. Your partner must have obtained a positive skill assessment for this occupation. However, your partner will need to have valid evidence of competent English test results that must not be more than 3 years old.

You can claim 10 points for being single at the time of invitation. However, if you show a spouse after the date of the invitation and your spouse is not an Australian Citizen or Permanent Resident of Australia, you will lose these 10 points.

What Happens if You Lose 10 Points?

You can get 5 points if your spouse is lucky enough to hold a valid English test result. However, you need to demonstrate the test before your invitation. Moreover, your partner will need to apply for Australia Immigration Skilled Visa under the same subclass of visa as you.

Well, these 5 points instead of the earlier 10 points may not be able to save your application. Your visa can get refusal even after getting these 5 points. Usually, the case officer rejects the application if the applicant’s score is lower than what he claimed in EOI.

Read More: Australian Government announces Federal Budget and Migration Plan

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