In the General Skilled Migration (GSM) program (Subclass 189 and 190 visas) an applicant’s relationship status can significantly influence their points score and overall eligibility. Understanding how relationship status interacts with the points system is essential, especially as personal circumstances may evolve between the Expression of Interest (EOI) and visa application stages. This article outlines the key legal considerations and strategic implications of relationship-based points throughout the GSM process.
The Challenge
The Department of Home Affairs assesses your points at two critical stages:
- At the time of invitation to apply for the visa, and
- At the time of decision on your visa application
Any change in relationship status between these stages may affect the points score and, in turn, visa eligibility. Applicants often face uncertainty about when to update their relationship details, what constitutes a valid partnership under migration law, and how to preserve their points when personal circumstances change.
Understanding Relationship-Based Points
- 10 Points – Single or Partner is an Australian Citizen/PR
Applicants may claim 10 points in their EOI if they are single or if their spouse or de facto partner is an Australian citizen or permanent resident. No further assessment of the partner’s age, skills, or English is required under this category.
- 10 Points – Skilled Partner
If your partner meets all of the following criteria (at the time of invitation), you may be eligible to claim 10 points:
- Under 45 years of age
- Has a nominated occupation on the relevant skilled list
- Holds a positive skills assessment for that occupation
- Has competent English
This category is designed to reward applicants whose partners also contribute to Australia’s skilled workforce.
- 5 Points – Partner with Competent English
If your partner does not meet the age or skills criteria but has competent English (and can evidence it at the time of invitation), you may still claim 5 points. This can provide a competitive edge when full partner skill points are unavailable.
Legal Definitions: Spouse vs. De Facto Partner
For GSM purposes, a partner may be either a spouse or a de facto partner:
- A spouse is someone legally married under a marriage recognised by Australian law.
- A de facto partner is someone with whom you share a genuine, continuing relationship, live together (or do not live apart permanently), and are not related by family.
Importantly, registering a relationship does not, on its own, satisfy the legal definition of a de facto partnership under Australian migration law. Additional evidence of the relationship’s nature and duration is typically required.
Key Takeaways
- A change in relationship status between lodging your Expression of Interest (EOI) and submitting your visa application may alter your points score and, in some cases, impact your eligibility.
- Partners who meet the skilled partner criteria may contribute up to 10 points, while those with competent English may contribute 5. It is advisable to collect supporting documentation early to substantiate any partner-related claims. If your partner meets the criteria for skilled or English-based points, gather supporting evidence early.
- Although the composition of your points may shift following a relationship update your eligibility will not be affected as long as your total points remain the same or higher. For example, switching from claiming 10 points as a ‘single’ applicant to 10 points for a ‘skilled partner’ does not reduce your overall score.
While changes in relationship status can introduce complexity into the GSM process, they do not necessarily jeopardise your visa application. If your total points remain unchanged or increase following a change in relationship status, your eligibility is preserved. With careful planning and accurate disclosure, applicants can navigate these transitions confidently and in full compliance with migration law.