Under Australia’s General Skilled Migration (GSM) framework, a valid skills assessment at the time of invitation is not merely a formality, it is a strict legislative requirement. Failure to meet this condition results in immediate ineligibility, regardless of points claimed or other eligibility criteria. This article outlines the regulatory basis, implications, and key compliance considerations relating to skills assessments in the context of Subclass 189, 190, and 491 visa invitations.
What Is a Skills Assessment and Why Is It Required?
A skills assessment is an official document that confirms your qualifications and/or work experience are suitable for your nominated occupation by Australian standards. It is issued by a designated authority specific to your occupation. For example:
- ACS (Australian Computer Society) for IT jobs
- VETASSESS for general professions and managerial roles
- TRA (Trades Recognition Australia) for trades
- Engineers Australia, CPA Australia, etc., for regulated professions
- ACWA (Australian Community Workers Association) for Community Workers
You must have this assessment before applying for most skilled visas, including:
- Subclass 189 – Skilled Independent Visa
- Subclass 190 – Skilled Nominated Visa
- Subclass 491 – Skilled Work Regional (Provisional) Visa
The Department of Home Affairs uses this assessment to verify that you are genuinely skilled in your nominated occupation.
When Must the Skills Assessment Be Valid?
According to the Department of Home Affairs, your skills assessment must be:
- Completed and positive
- For the same occupation you selected in your Expression of Interest (EOI)
- Valid on the date you receive your invitation to apply
This has long been interpreted to mean that the skills assessment must already be approved and valid on the actual date the invitation is issued by the Department.
However, this position was clarified in a recent legal case.
The case Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686 redefined the meaning of “at the time of invitation” for General Skilled Migration (GSM) visa applications. The Federal Circuit Court ruled that “at the time of invitation” includes the entire 60-day invitation period, not just the date of the invitation. This means a skills assessment can be valid if obtained at any point within that 60-day period, even if it expires before the end of the period.
This decision gives applicants more flexibility than previously assumed. If your skills assessment expires shortly after your invitation or if it’s approved within the 60-day period, your application may still meet the eligibility requirement, provided that all other documentation supports the timeline and the assessment is positive and for the correct occupation.
This is a strict legal requirement. If your skills assessment is still “in progress” or has expired on the date you receive the invitation, you will not meet the visa criteria – and your application can be refused, even if everything else is correct.
How Long Is a Skills Assessment Valid For?
Most skills assessments are valid for three years from the date of issue. However, it is important to check the exact validity period mentioned in your assessment letter.
Keep in mind:
- Your skills assessment must be valid on the specific date you receive the invitation
- If it expires before that date, it will not be accepted – even if it was valid when you submitted your EOI
- Some assessing authorities may issue assessments valid for a shorter period (e.g. one or two years), so check your document carefully
What Happens If You Don’t Have a Valid Assessment at Invitation Time?
If you receive an invitation to apply and your skills assessment is not valid on that day, you cannot proceed with a valid visa application. Your application may be refused by the Department of Home Affairs. This could lead to:
- Loss of your visa application fee
- Wasted time
- Negative visa history, which could affect future applications
While the Thapa case offers some relief, it’s still essential to keep your documentation up to date and consistent. You cannot “update” the assessment after the invitation has been issued. It must already be valid for that day.
Steps You Can Take as an Applicant
To avoid these problems, you should:
- Apply for your skills assessment early – well before submitting your Expression of Interest (EOI)
- Track the expiry date on your skills assessment
- Only submit your EOI once your skills assessment is approved
- Avoid delaying your visa application after receiving the invitation, especially if your skills assessment is close to expiring
Conclusion
In Australia’s skilled visa process, having a valid skills assessment is more than a formality, it’s a legal requirement that must be met on the exact date you are invited to apply. With the Thapa v Minister ruling, there is more room to meet this requirement within the 60-day invitation period, but the timing and accuracy of your documentation still matter.
If you’re unsure about your assessment’s validity, always review your assessment letter carefully or contact the assessing authority directly for clarification.
