Married (going to have spouse) after submit document for 190 visa invitation

Hi there, i got invited for 190 visa and going to submit document in the IMMI account. Previously when i declared in my EOI , my point is 75 because the latest change in november on the point system grant person with “single” status 10 points and i had already secured the state nomination.

However i am going to get married by end of next Feb 2020, if i update the status now to “engaged” or “fiance”, will it reduce by 5 points and might void the invitation ? My marriage date is after the invitation submission date as the document compilation will be completed in Jan 2020, so technically at this point in time i am still single in the eye of law. Now the ultimate question, should i declare my status as “single” still or “engaged”? What are the possible implication? if i put myself as single now , will it be very difficult to get spouse PR for my fiancee in the near future?

Note: The breakdown of my point is as per below
age - 30 points
english skill - 10 points
skilled employment - 5 points
education - 15 points
Partner skill “single”- 10 points
state nomination - 5 points
total - 75 points

Hi @Joey_Yik

As per the law, you should update your situation as and when it has changed.

My suggestion is to update your marriage and the PR for your spouse once you have actually married.

i havent lodged invitation as of now. Should i indicate in form 80 that i have a boyfriend/fiancee? it is not de facto partner either.

the invitation will expire before my planned marriage date which is in february. should i register earlier and submit the marriage cert to the invitation as evidence instead ?

Hi @Joey_Yik

The registration of marriage earlier than real marriage is illegal.

It is better to update your marriage details after it has taken place.

maybe the term is different in different country. registration of marriage meaning getting married here… register in my base country here and i will have a marriage cert.

the question is… should i mention im married in my invitation after the marriage had taken place? but the eoi status is single …or i should start a new eoi (but then might not get invited)?

As I said earlier, you have to report the situation in your EOI which is true on the date of updating the EOI.

You decide if you want to update it as ‘married’ when you are not really married.

When did you receive the invite?

Eoi - october 2019
invited by nsw - november 2019
engaged - december 2019
invited by au federal gov - end dec
invitation expire - early feb 2020
planned marriage date - end feb

Well congratulations!! I think You should not declare as married until you really get married or if there is a clause that asks you about you planned wedding date you should be providing that info.
What was the job code you applied for?

i did some more info searching, apparently for partner points it is being assessed at the point of decision, the rest of the point criteria remain valid at the point of invitation. i will use other way to compensate my points since i claim lesser point than i suppose to in my work experience and my spouse have competent english

Some more information here:

10 points for not having a spouse or de facto partner (take note that DOHA plans these points will be allocated time of decision not time of invitation as it is now for partner points so if are single at time of invitation and then you get married before the visa is granted then you may loose your 10 points)

17.2 Assessing the partner relationship and partner points
When assessing applicant’s eligibility for partner points decision makers need to assess the relevant criteria against the relevant Item of [Part 6D.11] of the regulations.

The skills assessment and English language requirements for the relevant items in [Part 6D.11] must be satisfied at time of invitation.

In assessing whether

an applicant is single or has a spouse (as defined in section [5F]or a de facto partner (as defined in section [5CB] of the Act); and

the citizenship or permanent residence status of any partner

The relevant time of the relationship status is the date of the points test assessment by the decision maker.

This means that if the applicant’s relationship status or the residence status of their partner changes after the date of invitation or the date of application, the award of partner points under [Part 6D.11] may also change.