Who this may suit
Skilled applicants with an expired or soon-to-expire assessment, especially after receiving an invitation.
Key considerations
- The assessment outcome, invitation deadline and current visa expiry are different dates.
- Applying for a new assessment is not the same as receiving a suitable assessment.
- State nomination and employer-sponsored visas can impose different timing requirements.
Start with the assessment letter and a timeline
Locate the complete outcome letter, occupation code, assessing authority, date of issue and any expiry date. Check whether the outcome is suitable for the visa you intend to pursue. An assessment for one purpose, such as a graduate visa, is not necessarily usable for another.
For points-tested migration, Home Affairs describes a maximum three-year validity period: a shorter period stated by the authority applies, while an outcome without a stated period is generally treated as valid for three years. Do not assume that a letter saying a longer period overrides the visa rule.
What Home Affairs currently says about the invitation period
Home Affairs continues to state the usual requirement for a suitable assessment at the time of invitation. It also expressly says delegates will accept a suitable assessment for the nominated occupation obtained within the 60-day invitation period. The Department attributes this approach to Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686.
The published notice says the Minister will administer the regulations in accordance with that decision while reserving the right to argue in court that it was wrongly decided. Accordingly, treat this as a specific published approach requiring a careful assessment of your dates and subclass, rather than a general promise that expiry never matters.
If you already have an invitation
Check the invitation itself and act promptly. SkillSelect normally allows 60 days from invitation to submit the visa application. The published approach concerns a suitable outcome obtained within that period, not merely an assessment application, payment receipt or booking.
Prepare the following for an urgent review. These are practical preparation notes, not an alternative official document checklist.
- The old and any new assessment letters, including all conditions and dates.
- The invitation, its expiry date and the EOI information on which it was based.
- The new assessment application status, if still pending, and any realistic evidence of the expected outcome date.
- The nominated occupation, points claims and current visa expiry.
State nomination has its own requirements
Do not confuse a state invitation to seek nomination with a Home Affairs invitation to apply for the visa. They are separate steps. A federal assessment-timing approach does not automatically waive the state’s nomination criteria or extend its response deadline.
For example, NSW’s current 190 guidance requires valid documents to support EOI claims and gives a 14-day nomination invitation window. Check the particular state and pathway before assuming that a new assessment obtained later will be acceptable for nomination.
Do not transfer the same rule to every visa
For subclass 186 Direct Entry, Home Affairs says the positive skills assessment must be received before the visa application, subject to assessment exemptions. It generally cannot be more than three years old, and any shorter stated validity period matters. This is different from the points-tested invitation approach.
Other pathways require their own checks. An assessment exemption, an earlier ANZSCO code, a renewed outcome or a different assessment program can change the analysis. Confirm the rule for the exact visa stream instead of relying on the headline of this article.
Manage the EOI and lawful stay separately
Before invitation, keep your EOI accurate and update it when you obtain a new assessment. Home Affairs says an EOI cannot be updated once an invitation has been issued. If a claim is wrong or circumstances have changed, get advice on the available options rather than submitting contradictory information.
An EOI is not a visa application and does not provide a bridging visa. Renewing a skills assessment also does not extend your current visa. Address an approaching visa-expiry date independently, even while an assessor is considering your documents.
How we can help
Ausdirect can review the assessment, EOI and invitation chronology, distinguish the state and federal steps, and identify the issues requiring action before a deadline.
Questions to consider
Can I simply upload my expired letter and explain that renewal is pending?
Do not assume that is sufficient. The published 60-day approach refers to obtaining a suitable assessment within the invitation period. A pending renewal is not a positive outcome.
What if my assessment was valid when invited but expires before I lodge?
Have the relevant timing criterion checked for your subclass and any nomination requirements. Later expiry and an assessment already expired when invited are different situations; neither should be decided from a generic expiry reminder.
Does Thapa guarantee that my visa will be granted?
No. A timing issue is only one part of the application. The assessment must be suitable, and all other applicable criteria and evidence still require consideration.
Your next step
Prepare the complete assessment letters, invitation and visa-expiry information. If a deadline is close, seek individual advice promptly rather than waiting for a general article to resolve the facts.