If you are planning to apply for the Skilled Nominated (subclass 190) visa, there is a critical rule catching many applicants out right now. Getting your relationship status wrong in your Expression of Interest (EOI) can cost you valuable partner points and lead to a visa refusal, even if everything else in your application is perfect.

‍The Key Rule: Clause 190.214. Under the Migration Regulations 1994, clause 190.214 requires that your final assessed points score at the time the Department decides your visa application must not be less than the points score on which you received your invitation. This means the points you claim in your EOI (including whether you claim single or partner points) effectively lock in your eligibility. You cannot easily upgrade or change them later without risking your application falling below the invitation threshold.

Partner Points and the EOI Declaration Trap

For partner skills points (usually 5 or 10 points), your partner must meet the criteria at the time you were invited: competent English, a suitable skills assessment in a relevant occupation, and age requirements.

Official Department guidance is clear: if you want to claim these points, you must declare your partner (married or de facto) and include their details in your SkillSelect EOI from the start. Claiming single/applicant-only points (the higher 10-point single option) and then trying to add a skilled partner after invitation almost always causes problems. Your assessed score at decision time no longer matches the invitation score, meaning you could be found in breach of the regulations.

The Real-World Problem: Relationship Limbo Caused by Long Processing Times

Current processing times for subclass 190 visas are significant. The Department is processing applications at a rate meaning many applicants wait 12 to 18 months or longer from lodgement to final decision. During this long waiting period, life does not stop. People meet partners, move in together, get engaged or marry. If you were invited as a single applicant and your relationship becomes serious midway through processing, you face a difficult choice:

• Declare the relationship honestly and try to claim partner points (risking your total points dropping below the required score and refusal under 190.214), or  

• Delay important life milestones like marriage, de facto registration, or starting a family while your application is pending.

What You Should Do Right Now

Review your current EOI by logging into SkillSelect and double-check your relationship status and partner details. Update it before you receive an invitation if your circumstances have changed.

Be accurate from the start, if you have a partner (or are in a developing relationship), declare them correctly and gather their skills assessment and English test results early.

Plan ahead by factoring in processing times when making relationship decisions. Many couples now get partner English tests and skills assessments completed proactively.

Keep in mind that small mistakes at the EOI stage can be very expensive to fix later.

Final Thoughts

We regularly help clients navigate these exact issues. Do not leave your Australian PR to chance. Get it right from the beginning.