When DHA announced the New 16/11/2019 points test back in April 2019 the Explanatory Statement included these paragraphs

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 lesser effect date. As they would be ranked higher in the above ordering listed in the explanatory statement

DHA have confirmed to us that there will be NO new “rankings” system in the new points test (So the system remains as it currently is) . So when an EOI is allocated it’s points total and EOI date (including any new partner points etc) on 16/11/2019 … EOIs will be selected on merit from that point. It will be based as before, simply on points total and EOI effect date

DHAs reply included the following quotes
” There is no change to how EOIs are ranked in SkillSelect, nor will there be a change from 16 November 2019. ”
“…Yes, you are misintepreting the Explanatory Statement, there was no intention in this statement to imply there would be priority groupings.”

For example

PERSON A
85 points, EOI effect date 20/08/2019, Occupation 261311 (includes 10 partner points as single)

PERSON B
85 points, EOI effect date 15/03/2019, Occupation 261311  (includes 0 partner points as married with an unskilled partner with poor English)

PERSON B will get an invite first …

 

 

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