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By Jessica Thakur, April 19, 2024
General Skilled Migration (GSM) visas have been a popular choice for migrants, especially those applying from overseas. However, the processing times for these visas can vary greatly, sometimes taking years. This can lead to changes in applicants' personal circumstances, including relationship status.
Pre-November 2019: Prior to November 16th, 2019, changes in relationship status during the application process generally didn't affect the application. Applicants could simply update the department, provide evidence of the change, and potentially include their partner in the application (if applicable).
Post-November 2019: A critical change to the GSM point system was introduced in November 2019. This change affects how relationship status is considered for points:
Single applicants: Receive 10 points.
Married/de facto with Australian PR/Citizen: Receive 10 points.
Married/de facto with a "fully skilled partner": Receive 10 points (partner must meet specific criteria).
Married/de facto with a partner who doesn't meet all criteria: Receive 5 points or 0 points (depending on English language skills).
The key point: Your point score is assessed at the time you receive the invitation to apply, but your relationship status is assessed again at the time of the final decision.
What this means:
If you were single when receiving the invitation (and claimed 10 points), but get married before the decision, your points could drop if your spouse doesn't meet the "fully skilled partner" criteria.
Even if your points remain above the minimum threshold, your application could still be refused if it doesn't meet the "time of decision requirements."
Relationship changes that are generally safe for your application:
Becoming a partner/spouse of an Australian PR/Citizen (points remain 10).
Becoming a partner/spouse of a person who meets the "fully skilled partner" criteria retrospectively (points remain 10).
Relationship changes that could put your application at risk:
Becoming a partner/spouse of someone who doesn't meet the "fully skilled partner" criteria (points could drop).
Getting divorced/separated from a partner who previously provided you with English language points (points could decrease).
The takeaway:
If you're expecting a long wait for your GSM visa decision and are considering a change in relationship status, seeking professional advice is crucial. This will help you understand the potential impact on your visa application and avoid jeopardizing your long-awaited visa.
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