The Department of Home Affairs started sending out invitations for the Skilled Independent subclass 189 visa Expression of Interest (EOI) in August 2022. Of the 32,100 places allotted for this visa for this financial year, 23,617 (12,200 in August 2022 and 11,417 in October 2022) applicants from various roles who are onshore and offshore have been invited to apply.
This brings great news to the invited applicants and shows a glimpse of hope for those waiting to be invited. However, some applicants have left their EOI applications untouched for months or years and are wondering how to proceed with their 189 visa application if their circumstances have changed.
This article intends to answer the most common questions that invitees to the 189 visa encounter.
1. My English test result and my skills assessment expired at the time when I got my invitation. Can I still lodge my 189 visa application?
It is a mandatory requirement that your English test and skills assessment are valid at the time of your invitation as per the Migration legislation. You will still be able to lodge your 189 visa application. However, your application will be refused as you did not have a valid skills assessment and English test at the time of your invitation. It would be best to apply for another 189 visa EOI once you have a valid English test and skills assessment and wait to be invited again.
2. If I renew my expired English test and my expired skills assessment within the 60-day application submission period for my 189 visa application, will this have any adverse effect on my application?
Even if you renew your English test and skills assessment within the 60-day application submission period for your 189 visa application, you will still not satisfy the criteria as discussed on item 1 above and your 189 visa application will still be refused.
3. When I lodged my 189 visa EOI, I was single and claimed 10 points for my relationship status. However, I got my invitation after getting married. Can I still lodge my 189 visa application and include my spouse on my application?
Since you were married at the time that you were invited, you cannot claim the single status points. This means that you have lost 10 points. Since your total migration points will be lower compared to your total points when you were invited, your 189 visa will be refused if you lodge it.
It is best to lodge a new EOI application with your updated relationship status and include your spouse as your dependent. You will have to wait to be invited again.
4. I have six years of work experience under my nominated occupation and I claimed 10 points for this. However, I do not have employment evidence to support this. What’s the effect if I still lodge my 189 visa application?
The Department of Home Affairs will look for evidence of your work experience claims. Acceptable evidence includes employment statement/s, payslips, tax reports, superannuation summary, or bank statements. If you cannot provide most of these, your assigned Case Officer might not consider your work experience claim, which will lead to lower migration points which can then lead to your visa getting refused.
5. When I lodged my EOI application and got my invitation, I was below 40 years old. However, I turned 40 within the 60-day application submission period. Will the points for my age decrease to 15 points?
The points you claimed for your age lock at the time of invitation. This means that even if you turned 40 years old after you were invited, you could still claim the original age points you claimed at 25 points.
Getting an invitation to apply for a 189 visa can be very exciting, especially since the Department of Home Affairs has sent limited invitations in the past two years. However, it can be daunting when your application needs to be updated to show your current circumstances and if you are unsure of the next steps.
For guidance on how to proceed and to apply some strategies that can increase your chances of getting your 189 visa approved, you may wish to seek the advice of an Immigration Lawyer or a Registered Migration Agent.
