189, 190, 491 & 489 Visa Refusal By Getting Married! The Australian points visa system can be brutal

189, 190, 491 & 489 Visa Refusal By Getting Married! The Australian points visa system can be brutal

Lodging a GSM point tested application whilst you are single can be a frustrating exercise while you are waiting and you wish to get married. Be careful not to lose your points and be rejected!

DOHA March Skill Select Newsletter;

https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/skilled-visa-newsletters/march-2022#content-index-9

Australian Immigration Law Services is based in Sydney and provides visa and related services. Karl Konrad, our Founder, has over 23 years of experience and leads a team of MARA registered migration specialists. Our team provides honest and accurate advice.

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Information provided are a general guide and do not constitute legal or immigration advice; there are many regulations that may apply depending on each individual’s circumstances alongside changes in the industry. It is the users responsibility to verify the currency of information. Those seeking advice should engage a MARA registered migration agent.

50 Comments

  1. Hi Karl,

    What happens if you change from defacto to single? Will the visa be refused given that it will be same points?

  2. Hi Karl. You are talking about getting into a relationship before the visa is granted. What about relationship breakdown (the main applicant becoming a single) during the visa processing time? The total point will stay the same, or increase for some applicants. What would happen to the secondary applicant?

  3. Hi karl, just want to know whether dependent (spouse)of student visa holder had any work rights(full time or part time)?

  4. Hi Karl , hope you are doing great.
    Speaking of this topic , If an applicant (who had lodged an eoI while single) suddenly wishes to get married retain 10 point by lodging a new eoI , provided the new partner had her basic and skill
    asessment also done.

  5. Hi Karl, I have girl friend but not in defacto relationship. I lodged my 190 visa and received invitation from Department of Home Affairs. However, the case officer asked for further information on my relationship as I made a claim as single (10 points). I provided my explanation and supporting documents to show that we are not in defacto relationship. Would that affect my application? Thanks.

  6. Hi Karl, hope you are good.
    Regarding this topic, am married and I want to apply 189 visa for my Master’s program in community health, will it affect my Visa application?

  7. If you don’t mind advising – when claiming 5 points for partners competent English, if he’s UK passport holder, does he require to take English test or not?

  8. my brother inlaw lodged 489 visa in june 2019 , last time in november 2019 colour photo copies after that they did not respond yet . Now, how can we contact them ?, is there any email address ? if yes could you please give it me thanks

  9. Hey,
    If one has applied as a single applicant and lodged 485 visa and is travelling on BVB to home country as it’s been 6 months but 485 is not granted then can one get married on BVB while awaiting for 485 Visa and then after the grant of 485 add partner as a subsequent entrant? Or have to wait to get married till 485 visa is granted?

  10. Hii karl , i m waiting for my 491 visa since long , can i marry to a australin citizen while waiting for the 491 visA??

  11. I got invited for 190 visa application as a single applicant. Just confused with the definition of defacto relationship here.

  12. how long does it take to process the Australian student visa application if i submit next month (for university of Tasmania).
    also do i have to pay my deposit( 6 months of tuition fees + 34 months of OSHC ) directly to the university of tasmania(UTAS) ‘s studylink portal or to the agent. since i am in Sri lanka, i have to use agent to complete application despite applying directly on the UTAS Studylink portal and got accepted to the university

  13. Hey Karl, I have a question is regards visa 190, if I have a partner to add to the application of that visa, what other documents you consider is important to add apart from a joint bank account, billing accounts in joint names, joint leases and documents that prove that we’ve been living in the same address? thank you in advance for your reply.

  14. Hi Karl, you did mention the application is doomed if any points are reduced due to getting married. Will the EOI not be assigned to a CO at all?

  15. Hi Karl, I am on 485 visa which is expiring after 5 months. i recently applied my wife’s dependent visa, but processing times are 10 months. Is there any way that, I can try alternative method to process it early? Can I lodge tourist visa while 485 subsequent is in progress? Please advise. Thank You.

  16. Hi Karl
    Can you also share what is meant by Invitation round? Does it mean that all invitations are sent on the date when the invitation round is held…or can you get invitation email before or after the date of the round?

  17. Is there any issue if someone has applied for a GSM visa and declared in the personal particulars form that they have a girlfriend, specifically in a long distance relationship?

  18. Hi Karl,
    I am waiting for my 491 visa grant in SA. Can I get married and notify immigration about the changes in circumstances or would it lead to visa refusal? My partner has a english score and skills assessment before I got invited by the SA.

  19. Hi karl,
    If we move to interstate on 491 visa and in future if government set rules we cant move interstate in future so we are impacted or old law applies to us?

  20. Hi Karl, So just to confirm, getting married BEFORE the invite and lodging of 190 visa application is OK? I”ve updated my status from defacto to MARRIED before my 190 invite and have recently gotten the invite and somehow have not seen a reduction in points in my EOI. not sure of it is a error on EOI side or?

  21. Hi Mr. Konrad. What happens if someone submits an EOI as a single person and he/she gets married to someone with competent English and a skill assessment after receiving the invitation to apply and lodging for Visa? In this case, the marital status is changed after getting the invitation but the 10 points are still intact. Is it going to cause a problem?

  22. Hi karl, I’m onshore 491 applicant and my girlfriend is offshore and she can get skill assessment as a chemist, can i apply her for my application, if she can, how can i contact you for further inquiries.?

  23. I had a conversation with home affairs almost a month ago, they said i just need to fill up the change of circumstances form 1023, as i am on a bridging visa there is no such condition stopping me from marrying.
    The 491 condition clearly says it:
    We might cancel your visa if we find out you were engaged, married or in a de facto relationship before we granted you the visa “”“but did not tell us””””.

    And the actual condition:
    You must not marry or enter into a de facto relationship before entering Australia.
    I believe this condition must be applicable for the offshore applicants, as it clearly says “” before entering australia “”

  24. Hi Karl, I had seen your video when it was released and I remember one point you mentioned which I do not see now in the video.
    I remember you said , if you get married after getting an invitation, your visa wouldn’t get refused if the partner had skills assessment and invitation before invite . Can you confirm this?

  25. Hi Karl,

    Would it be possible you to give some updates on government planning for the temporary visa holders stayed during Covid-19 lockdowns? Is there any possibility that government will consider to give permanent residency like New Zealand? Thanks in advance.

  26. Hi karl, I received 190 invite this week, then should i wait until I receive the Grant to get married? Actually, I’m planning to get married this year only.

  27. Dear Karl what about bringing b visa holder outside Australia expired any news am waiting your reply every day???

  28. Hi Karl,
    I got 190 nomination by Tasmanian government under Family sponsorship on 29th Jan,2022 and then Applied for 190 Visa on 11th February. I was single throughout the process but now I’m married after lodging visa. Will that affect visa decisions?

  29. I have just one question regarding the skills assessment for Australia immigration. To claim extra points for years of experience in points calculator, do I need 3 years of experience at the time of being assessed by CPAA/CAANZ to claim my points in the EOI.. or can I get a positive assessment now then later when applying for the EOI the immigration dep re-evaluate my years of experience to claim my points? I want to do the assessment now to get it out the way but I only have 2.5 years at the moment, will I lose the points if I do it now?

  30. I still don’t understand why partner’s occupation has to be same inorder to claim extra points. Does that mean everyone has to marry a girl from same occupation which neccessarily doesn’t has to be. This is absolutely brutal for the people who wanna marry and settle down here.

  31. Hi Karl, so as per your video, after lodging 190 visa, points reduce if we get married… Then what about expiry of PTE, skill assessment etc… do we have to do everything again? What about change in age because that will increase and reduce points at certain levels?
    Diesnt the EOI get suspended once the visa is lodged?
    Your comment will be highly appreciated… Thanks

  32. Hi carl,
    what if i am married before applying for the visa??? or before lodging the application for my visa? can i apply for spouse visa and my visa at the same time ? .
    ps. i am applying for 476 visa.

  33. Hi. I am from India. I applied for 491 subsequent entrance (partner visa). How much time will take to get visa?

  34. Hi Karl,
    Whats the remedy if you got married after lodging 491/190 onshore applicant?
    Please help. I m on 485 visa and i applied 491 and i m bringing my wife on 485 subsequent. What shall i do to avoid refusal?

  35. Hi I’m from india.
    12th agriculture 2012 63.80%
    Bsc agriculture 2016 69%
    Abm[ Agri business management]2018 62.80%
    41 months experience in different types of company’s
    As a territory sales manager
    Please tell us which route will be right for me.?

  36. Hi karl, is there any update regarding student visas subclass 500. its been 70 days since I have lodged my visa and I haven’t got any update till now. and I have applied for feb intake for level 1 university.

  37. Hi Karl
    I am in 491 visa and I have applied for my mother’s visa subclass 600 on 23rd of March 2022. How long is the processing time for visa subclass 600?
    Please give me some suggestions about this visa.
    Thank you

  38. Hello sir
    I recently got 491 visa in tasmania and my girlfriend recently got 190 visa in sydney. Can you please tell me if we get married now can we both live Melbourne. And also can I apply dependent visa on my partner. Thanks

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