Marital Status for Subclass 190 Visa
If you are applying for the Subclass 190 Skilled Nominated Visa, your relationship status plays a bigger role in your application than you might expect. The points test allows applicants to claim between 5 and 10 additional points based on their partner’s age, occupation, and English language ability. But what happens when your relationship status changes after you have already received your invitation? This is where many applicants run into serious trouble — and in some cases, visa refusal.
How Partner Points Work in the Subclass 190 Points Test
The skilled migration points test rewards applicants differently depending on whether they are single, partnered with a skilled partner, or partnered with someone who only meets the English language requirement.
Here is a quick breakdown:
10 points — Skilled Partner
To claim the full 10 partner points, your spouse or de facto partner must meet all of the following at the time your invitation is issued:
- Under 45 years of age
- Holds a positive skills assessment from the relevant assessing authority for their nominated occupation
- Has Competent English — equivalent to IELTS 6 in each band or the recognised equivalent
- Their occupation appears on an eligible skilled occupation list — for the Subclass 190, this means either the Short-Term Skilled Occupation List (STSOL) or the Medium and Long-Term Strategic Skills List (MLTSSL)
5 points — Partner with English Only
If your partner does not hold a skills assessment or their occupation is not on an eligible list, you may still claim 5 points provided they can demonstrate Competent English and are included as a co-applicant on your visa.
10 points — Single Applicant or Australian Citizen/PR Partner
If you are single at the time your invitation is issued, or if your partner is already an Australian citizen or permanent resident, you automatically receive 10 points under this category.
The Problem: Changing Your Relationship Status After Invitation
This is where applicants need to be especially careful. A growing number of Subclass 190 applications are being refused because of changes in marital status that occur between receiving an invitation and lodging the actual visa application.
Here is a common scenario that leads to refusal:
An applicant was single when they submitted their Expression of Interest (EOI) and received their invitation. They were awarded 10 points as a single applicant. Before lodging their visa application, they married or entered into a de facto relationship. They then attempted to swap their single applicant points for skilled partner points — even though their new partner had a valid skills assessment and met all the usual criteria.
The Department of Home Affairs has made clear that this switch is not permitted. Under the Migration Regulations, skilled partner points can only be validly claimed if the partner was already included in the EOI and was part of the invitation assessment. If the partner was not declared at that stage, the points cannot be claimed retrospectively.
The result? The applicant’s original points score is no longer considered valid, they cannot substitute single applicant points with skilled partner points after the fact, and they may fall below the minimum points threshold required at the time of invitation — leading to refusal of the visa application.
What Counts as a De Facto Relationship?
Many applicants are unsure about when a de facto relationship is considered to legally exist for migration purposes. According to the Migration Act, a de facto relationship requires all of the following:
- Both partners are committed to a shared life, excluding all others
- The relationship is genuine and ongoing
- The couple lives together, or does not live separately and apart on a permanent basis
- The couple is not related by family
- The relationship can be between two people of the same or different sex
Importantly, time spent dating casually or maintaining an online-only relationship does not qualify as a de facto relationship for visa purposes.
What Counts as a Spouse?
A spouse is a person in a legally valid marriage under the Migration Act. To be recognised as spouses for migration purposes, both parties must:
- Be in a marriage that is valid under Australian migration law
- Share a mutual commitment to a shared life, excluding all others
- Have a genuine and continuing relationship
- Live together or not be permanently separated
Key Risks to Watch Out For
Recent refusals linked to Regulation 190.212 have highlighted just how strictly the Department applies these rules. Before lodging your Subclass 190 application, you should carefully consider the following:
- Did you originally claim points as a single applicant in your EOI?
- Was your partner declared in your EOI before the invitation was issued?
- Was your partner included at the time the invitation was granted?
- If your relationship status has changed, do you still meet the minimum points threshold based on your original invitation?
If the answer to any of these questions raises doubt, you are at risk — and professional advice is essential before you proceed.
Practical Steps to Protect Your Application
If your relationship status has changed after receiving a Subclass 190 invitation, do not lodge your application without first getting a thorough review of your points position. A registered migration agent can assess whether your current circumstances still satisfy the invitation requirements and advise on the safest path forward.
For those yet to submit their EOI, the lesson is clear: if you are in a relationship — whether married or de facto — include your partner in your EOI from the beginning. This ensures that any partner points you intend to claim are properly recorded at the invitation stage and can be validly relied upon when you lodge your visa application.
Speak to a Registered Migration Agent Before It Is Too Late
Partner points and marital status changes are among the most misunderstood areas of the Subclass 190 visa process — and the consequences of getting it wrong can be severe. At Migration Republic, our Registered Migration Agents provide clear, accurate advice tailored to your specific circumstances.
Book a consultation today and make sure your application is in the best possible position before you lodge.
- Phone Consultation — $100 + GST
- Online Consultation — $150 + GST
- In-Office Consultation — $300 + GST
Visit migrationrepublic.com.au to book your consultation now.
