For independent skilled visas, passing the points test is one of the necessary conditions to be invited and to apply for a visa. In many cases, applicants will want to maximise the number of points they can score to secure an invitation to apply for a visa.

There are two different point tests in the Migration Regulations 1994 (Cth): schedule 6D for General Skilled Migration (GSM) visas, and schedule 7A for the Business Innovation stream and the Investor stream of the subclass 188 - Business Innovation and Investment (Provisional) visa.

GSM visas are subclass 189 - Skilled – Independent visas, subclass 190 - Skilled – Nominated visas, and subclass 491 – Skilled Work Regional (Provisional) visas.

A recent migration review found that the current points test does not identify candidates with the best potential to contribute to Australia on a long-term basis. This is particularly the case for family members of skilled migrants, and those who do not have an existing connection with employment in Australia before arriving. This is not the case with demand-driven employer-sponsored visas where an offer of employment is required, and unlike the SkillSelect and Expression of Interest (EOI) and invitation model that regulates GSM visas, nomination and visa applications must be finalised once lodged.

The Minister of Home Affairs announced yesterday that the GSM points test will be reviewed by the Australian National University with submissions able to be received until 24 May 2024. This review is to determine what factors drive successful migrants, which can then inform the changes required.

One factor is likely the nominated occupation. Its demand in the labour market will certainly be a factor as well as any licensing or registration, which may indicate more suitability than where licensing is not required.

Contrary to the minister’s media release, there have been amendments to the points test since the commencement of these visas and the SkillSelect regime from 1 July 2022. These include:

• Reducing the age cap for primary applicants from being under 50 to being under 45,

• Creating a partner skill points category, which benefits skilled partners or applicants with no partner at all,

• Adding a further 5 points for studying in a regional area,

• Increasing points if sponsored or nominated for a 491 visa from 10 to 15 points,

• Adding a specialist qualification criterion for an additional 5 points.

This is in addition to increasing the minimum points to apply for a GSM visa from 60 to 65 points.

The changes that are likely to occur after this review will no doubt be more extensive than what has happened in the preceding 12 years.

Given the findings of the migration review, it may be that more points will be given to those who are younger, have better English, and have Australian work experience in their occupation.