Last Friday, we saw the Migration Institute of Australia (MIA) issue another reminder. It mentioned a case where an applicant, after receiving a 190 invitation as a single person, got married and then tried to "casually" add their spouse during the visa application stage, aiming to switch from the single-person 10 points to the Skilled Partner 10 points.

The result, of course, was:

Refusal! A direct refusal! The kind with no suspense at all. The kind that remains ineffective even upon appeal.

Actually, we've always told our clients:

Schedule 6D states clearly that the partner's occupation must have been nominated 'at the time of invitation.'

Receiving an invitation as a single person essentially means you are using the Single (10 points) criterion.

While in reality, the skilled migration processing period can be very long, and meeting the love of your life during this time and wanting to include them as a secondary applicant is understandable emotionally, it is indeed not compliant with the regulations.

If the new spouse happens to be a "full-points spouse" (having a skills assessment and competent English), one might misinterpret the law—if not scrutinizing the word "nominated"—and mistakenly believe that as long as the new spouse met the requirements at the time of invitation, they could be added later.

But the law requires scrutiny of wording. The legislation requires: "At the time of invitation, the partner nominated a skilled occupation (on the occupation list at that time)."

As early as January this year, I had answered client questions on this very topic.

The points system is not a buffet where "you can choose this today and switch to that tomorrow." That's not how it works.

Yet, some people still don't learn until they hit a wall, thinking that as long as it's a full-points spouse, they can be added later. So, the recent pattern of 190 refusals is:

The applicant was invited as Single.

The system awarded Single (10 points) (Item 6D112).

The applicant got married after the invitation.

When lodging the visa application, they tried to add the spouse and claim the Skilled Partner (10 points) instead.

The spouse did have a valid skills assessment, but the spouse was not declared in the EOI before the invitation (because they weren't married then).

Because the applicant was not married at the time of invitation, and the spouse was not mentioned in the invited EOI.

Therefore, there is only one conclusion: Refusal.

Subsequently, the applicant appealed, challenging the 190 refusal decision. However, even after eight months, the Department of Home Affairs (DHA) still ruled—for this specific scenario, the refusal was justified!

The legal provisions never left any grey area. You can fall in love, but you cannot go against Schedule 6D.

When you think about exploiting a loophole, the immigration department has already thought of a hundred ways to block you!

NEWPOINT
Conclusion

The MIA directly stated that in such situations, we as migration agents must exercise caution when advising applicants (and DIY applicants need to be even more careful. Never casually claim EOI points based on personal interpretation. When necessary, be sure to seek and follow professional advice).

If you are invited as a single person, you are claiming the single points. When lodging the visa application, remain single. Don't gamble with侥幸心理, don't try to be clever. The logic of the law is far more rigorous than most people think.