The most straightforward approach is to include your partner in your general skilled (subclass 190, 189, or 491) visa application at the time of lodgement. This ensures consistency between your Expression of Interest (EOI) and your visa application, reducing the risk of complications.
Your partner will need to meet health and character requirements, ensuring they don't pose any risks to the Australian community. If your partner is not Australian and you're aiming to claim additional points for your partner's skills, they must have competent English and/or a positive skills assessment in an eligible occupation and meet other specific criteria.
Extra points for my partner?
The points system for skilled visas, including the subclass 190, allocates points based on various factors, including relationship status:
- 10 points: For applicants who are single or have a skilled partner (under 45) with competent English
- 10 points: For applicants whose partner is an Australian permanent resident or citizen
- 5 points: For applicants whose partner has competent English, or has a passport from Canada, the United States of America, United Kingdom, Republic of Ireland, or New Zealand
- 0 points: For applicants with a partner who doesn't meet the above criteria
What if my relationship status changes during visa processing?
If your relationship status changes after receiving an invitation but before lodging your application, you can still include your partner. However, this scenario requires careful consideration due to potential points implications.
The Department of Home Affairs assesses your points score at two critical junctures:
- At the time of invitation; and
- At the time of decision
Your points must not be less at the time of decision than they were at invitation. This rule, based on Regulation 2.26AC(1) of the Migration Regulations 1994, can significantly impact applicants whose relationship status changes.
Example scenarios
- Single to Partnered (Unskilled): Loss of 10 points - If you claimed 10 points for being single and then add a partner who doesn't meet the skilled partner criteria, you'll lose these points.
- Single to Partnered (Skilled): No change in points - If your new partner meets the skilled partner criteria, you may retain the 10 points.
- Partnered (Unskilled) to Single: Gain of 10 points - This scenario is less common but could occur if your relationship ends during the application process.
A significant complication arises when an applicant's relationship status changes between receiving an invitation and submitting their subclass 189/190 visa application to the Department of Home Affairs. Although the your score is fixed at the time of invitation, your points at the visa application stage must also not be "less than the score stated in the invitation to apply for the visa". This requirement can create challenges if relationship changes affect the point total.
