# Received invitation to apply for 189 visa- Partner English points expired. Pls help!!



## vvino

I have submitted my EOI on 28th June 2022 with *85 points* for Chemical Engineer and I have received Invitation To Apply on 6th October 2022. In this EOI, I have claimed Partner Competent English 5 points. The issue is my partner's IELTS certificate is dated 29th September 2019, which is *36 months and 7 days *when I received the invitation. This does not fit the criteria of 36 months at the time of invitation. 

Even if the partner points (5 points) is removed, I *still have 80 points*, which is way higher than the lowest score (65 points) for the occupation Chemical Engineer in this invitation round. The question is whether this can be considered as an* inadvertent error* to process the visa successfully. Please do let me know your suggestions. It would be very much helpful for me. Thanks.


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## vvino

Note: In relation to inadvertent error, below is the notice I came across.

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The following is an update sent by the MIA to members:


The MIA has raised Members’ concerns about points discrepancies between the SkillSelect invitation score and the point test assessed score upon application by a client. Following the MIA’s representations, the Department, after extensive consultation with its policy area, has issued its official position:*A criterion for the grant of a Subclass 189 visa, a Subclass 190 visa and the First Provisional Visa stream for a Skilled – Regional Sponsored (Provisional) (Class SP) visa (“a SkillSelect visa”) is that the applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act [the points test assessed score], is not less than the score stated in the invitation to apply for the visa [the invitation score]. The criterion acts as a disincentive to deliberate inflation of claims in the expression of interest (EOI) in order to obtain a higher ranking position in SkillSelect and ultimately an invitation to apply for a Skillselect visa. However, the Department has become aware of cases where clients have made inadvertent errors when entering data in SkillSelect resulting in them being given a higher invitation score than they should otherwise have.To reduce the likelihood of such errors occurring, the Department has significantly improved the information in SkillSelect. Nevertheless, some applicants may still make inadvertent errors in their EOIs.To address this issue, consideration will be given to correcting an applicant’s invitation score where the Department identifies that an applicant has made an inadvertent error in their EOI and their corrected invitation score would have been high enough such that it would have resulted in an invitation being made in the original or subsequent SkillSelect invitation rounds. For example, if an affected applicant’s invitation score was 75, and the lowest invitation scores for the relevant period were 75, 70 and 65 respectively, the applicant’s corrected invitation score must be no less than 65 before the Department would seek to correct the invitation score.Departmental officers will first seek the permission of the affected applicant before correcting their invitation score.PLEASE NOTE*:IT applicants will continue to be affected (or all of the 16 near capacity occupation) as the invite pass mark is so much higher due to the rationing.Subclass 190 or 489 invitations under SMPs would be straightforward approvals as there is no advantage gained as the base line of 60 pt generates the invite as soon as the state approval is finalised within SkillsSelect.*Any Members with complex matters (ie Subclass 189 visas ) who would like some advice on their particular cases before they approach a case officer should **email the MIA **with the subject heading “GMS Points Test”.

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I have sent an email on this query to MIA but I have not received any reply from them yet.


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## aviss247

Any updates on this one? I have the same case. I received an invite to apply for 189 Visa for 90 points Accountant on 8 December 2022. However, my partner's PTE Score was expired just 1 month before the invitation. I had 5 points claim from her competent English. This means I had 85 points only at the time of invitation. And the Accountants were invited at 85 points during 8 Dec 2022 invitation round. What should I do?


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