On 16 November 2019, the government introduced a new points-based system for skilled visas. This new system allows applicants to earn an additional 5 to 10 points based on their partner’s age, educational qualifications, occupation, and English language proficiency.
10 Points – Partner with Relevant Age, Skills, and English
To claim 10 points for your partner’s skills, they must meet the following criteria:
- Age: Your partner must be under 45 years old at the time the visa invitation is issued.
- Skills Assessment: Your partner must have a valid skills assessment from the relevant authority for their nominated skilled occupation.
- English Proficiency: Your partner must have competent English (equivalent to IELTS 6 or higher).
- Eligible Occupation: Your partner’s occupation must be on an eligible occupation list. There are three lists:
- Regional Occupation List (ROL)
- Short-Term Skilled Occupation List (STSOL)
- Medium to Long-Term Strategic Skills List (MLTSSL)
The eligible occupation list depends on the visa type:
- SC 491 (State-Sponsored): The partner’s occupation can be on any list (ROL, STSOL, or MLTSSL).
- SC 190: The partner’s occupation must be on either the STSOL or MLTSSL.
- SC 189 or SC 491 (Family Stream): The partner’s occupation must be on the MLTSSL only.
Examples of Claiming 10 Points for Partner Skills
Example 1: Applying for a 189 Visa (MLTSSL) and Partner’s Occupation on 190 Visa List (STSOL)
If you are applying for a 189 visa and your partner’s occupation is on the 190 Visa’s STSOL list, you cannot claim partner points for skills under the 189 or 491 Family Stream. However, your partner would be eligible to contribute 10 points for the 491 State-Sponsored or 190 visas.
Example 2: Applying for a 189 Visa (MLTSSL) and Partner’s Occupation on the Same List
If you are applying for a 189 Visa and your partner’s occupation is also on the MLTSSL, you can claim 10 points for partner skills. For instance, if you are a Biomedical Engineer (MLTSSL) and your partner is a Chef (MLTSSL), you can claim the 10 points. Your partner must first obtain a valid skills assessment from the relevant authority.
Example 3: Applying for a 491 Visa and Partner’s Occupation on 491 List
If both you and your partner have occupations listed on the 491 Occupation List, you can claim 10 points for partner skills.
Other Scenarios
- Applying for a 190 Visa:
- If the principal applicant (PA) is on the 190 list (e.g., ICT Project Manager) and the partner is on the MLTSSL (e.g., Accountant), you can claim 10 points for partner skills.
- If the PA is on the 190 list (e.g., ICT Project Manager) and the partner is on the ROL list (e.g., Real Estate Representative), or STSOL for the PA and Regional for the partner, no points can be claimed for partner skills.
- Applying for a 189 Visa:
- If the PA is an Accountant (MLTSSL) and the partner is an ICT Project Manager (STSOL), no points can be claimed for partner skills.
- Applying for a 491 Visa:
- If both the PA and the partner are Real Estate Representatives (ROL), you can claim 10 points for partner skills.
5 Points for Partner’s English Proficiency
You can claim 5 points if your spouse or de facto partner has competent English. For Australian migration, “competent English” is defined as achieving the following scores:
- IELTS: At least 6 in each of the four components (listening, reading, writing, speaking)
- PTE: At least 50 in each of the four components
- TOEFL iBT: At least 12 for listening, 13 for reading, 21 for writing, and 18 for speaking
- OET: At least a B in each of the four components
- Cambridge C1 Advanced: At least 169 in each of the four components
10 Points – Single or Partner is an Australian Citizen or Permanent Resident
If you are single, or your partner is an Australian citizen or permanent resident, you can claim an additional 10 points.
Summary Table
| Situation | Points |
|---|---|
| You are single, or your partner is an Australian citizen or permanent resident | 10 points |
Partner Meets Age, English, and Skill Criteria
To claim these points, your spouse or de facto partner must also be applying for the same visa subclass. They must not be an Australian citizen or permanent resident. Additionally, you will need to provide evidence that, at the time you were invited to apply, your partner:
- Was under 45 years old,
- Had competent English,
- Had nominated a skilled occupation eligible for points,
- Had a suitable skills assessment from the relevant assessing authority for their nominated occupation.
Points: 10
Partner Has Competent English
If your spouse or de facto partner is also applying for the same visa and has competent English (but is not an Australian citizen or permanent resident), you can claim points.
Points: 5
De Facto Partner
A de facto relationship is one where you and your partner are not legally married, but:
- You are committed to a shared life, excluding all others.
- Your relationship is genuine and ongoing.
- You live together, or do not live apart on a permanent basis.
- You are not related by family.
A de facto relationship can be with someone of the same or different sex. However, time spent dating or in an online relationship does not count as a de facto relationship.
Spouse
A spouse is one of two people in a marriage that is valid under the Migration Act. To qualify as a spouse:
- You must be mutually committed to a shared life, excluding all others.
- Your relationship must be genuine and continuing.
- You live together, or do not live apart on a permanent basis.
Message on SkillSelect – Relationship Status
When completing your Expression of Interest (EOI), select “Partner” as your relationship status if you have a spouse or de facto partner. Do not choose “Engaged” if this person is also your de facto partner. Make sure to keep this information updated throughout the life of your EOI.
Definition of De Facto Relationship and Implications for GSM Points
For the purposes of calculating points under Schedule 6D, the definition of a de facto relationship remains as outlined in Section 5CB of the Act and Regulation 1.09A. However, the 12-month rule (Regulation 2.03A) does not apply here.
The SkillSelect system allocates points for partner relationship status as follows (item 6D112):
- Single – 10 points
- Engaged – 10 points
- Married – 0 points
- De Facto – 0 points
A GSM visa applicant’s marital status may change between submitting their EOI, lodging their visa application, and the final decision on points. This change may lead to a loss or gain of points during the visa assessment. For example, someone awarded 10 points for being single at the EOI stage may lose those points if they marry or enter a de facto relationship before the visa application.
If someone is both in a de facto relationship and engaged at the time of EOI, they may want to select “De Facto” rather than “Engaged” when calculating their points, regardless of the length of the de facto relationship. This helps avoid being invited with a higher point score than they can actually meet when the visa is assessed.
The 12-Month Rule at Visa Stage
It’s important to understand the 12-month rule when applying for a visa. For example, you may declare a de facto relationship at the EOI stage (where the 12-month rule doesn’t apply), but if the relationship is less than 12 months old at the visa application stage, your de facto partner may not be eligible for consideration as your partner for visa purposes.