This will ensure that primary applicants without a partner (singles) will be ranked equally to other primary applicants who have the same human capital attributes. If all other points claims are equal, invitations for points tested visas will be ranked by the Migration Points Test as described below:
- First – primary applicants with a skilled spouse or de facto partner
- Equal First – primary applicants without a spouse or de facto partner
- Second – Primary applicants with a spouse or de facto partner who can demonstrate competent English but does not have the skills for skilled partner points (age and skills)
- Third – Primary applicants with a partner who is ineligible for either competent English or Skilled partner points. These applicants will be ranked below all other cohorts if all other points claims are equal.
This suggested that if points were equal (let’s say 85 points) that EOIs claiming 10 partner points (single people and those with a skilled partner and competent English) would gain an invite BEFORE others on the same total even if they had a earlier effect date. As they would be ranked higher in the above ordering listed in the explanatory statement.
Since this statement was made, the Australian migration department has now confirmed that there will be no new ranking mechanism with the approach to ranking remaining as it was previously (example below).
EOI Invitation example, after November 2019.
85 points, EOI effect date 20/08/2019, Occupation 2651211 (includes 10 partner points as single)
85 points, EOI effect date 15/03/2019, Occupation 2651211 (includes 0 partner points as married with an unskilled partner with poor English)
Person B will get an invite first …
How will EOI’s made before the point changes be impacted?
The Department of Home Affairs has clarified information on the updating of points for submitted EOIs when the 16 November 2019 changes come into effect.
The Department has clarified that:
- SkillSelect will automatically update points for all Expressions of Interest (EOI) in submitted status.
- EOIs in draft status will not be updated, as no points have been attributed at this stage in the system
- There will be no change to the ‘date of effect’ for any EOI when this change is applied.
- Points will only be updated once an EOI is submitted
- Specific systems functionality is still being developed and further information will be provided once the process has been finalised, however, no applicant or intending migrant will be disadvantaged by the changes to the point calculations.