r 2.72 — Points test — Migration Regulations 1994
Text of provision
2.72 Points for the purposes of the points test
(1) For the purposes of sections 93 and 100 of the Act, an applicant for a points-tested visa is taken to have the number of points set out in this regulation.
Age
(2) Points for age:
(a) 25 to 32 years — 30 points
(b) 18 to 24 years or 33 to 39 years — 25 points
(c) 40 to 44 years — 15 points
(d) Under 18 or 45 and over — 0 points
English language ability
(3) Points for English language ability:
(a) Superior English — 20 points
(b) Proficient English — 10 points
Overseas skilled employment
(4) Points for overseas skilled employment in the last 10 years in a nominated occupation or a closely related occupation:
(a) 8 or more years — 15 points
(b) 5 to less than 8 years — 10 points
(c) 3 to less than 5 years — 5 points
Australian skilled employment
(5) Points for skilled employment in Australia in the last 10 years in the nominated occupation or a closely related occupation:
(a) 8 or more years — 20 points
(b) 5 to less than 8 years — 15 points
(c) 3 to less than 5 years — 10 points
(d) 1 to less than 3 years — 5 points
Educational qualifications
(6) Points for educational qualifications:
(a) Doctorate — 20 points
(b) At least a bachelor degree, diploma or trade qualification — 15 points
Australian study
(7) Points for Australian study requirement — 5 points (if the applicant has at least 1 degree, diploma or trade qualification from an Australian educational institution and satisfies the Australian study requirement).
Specialist education qualification
(8) Points for specialist education qualification — 10 points (master's degree by research or doctoral degree from an Australian educational institution).
Accredited community language
(9) Points for accredited community language — 5 points.
Study in regional Australia
(10) Points for study in regional Australia — 5 points.
Partner skills
(11) Points for partner skills — 10 points (if the applicant's spouse or de facto partner is a skilled applicant who has a suitable skills assessment).
(12) Points for partner skills — 10 points (if the applicant does not have a spouse or de facto partner, or their partner is an Australian citizen or permanent resident).
Plain English
Regulation 2.72 is the points schedule — the table that determines how many points an applicant receives under each factor. The total points score assessed under this regulation is compared against the pass mark in s 101 to determine whether the points test is satisfied.
The factors and maximum points are:
- Age: Maximum 30 points (ages 25–32)
- English language: Maximum 20 points (Superior English)
- Overseas skilled employment: Maximum 15 points
- Australian skilled employment: Maximum 20 points
- Educational qualifications: Maximum 20 points (Doctorate)
- Australian study: 5 points
- Specialist education: 10 points
- Community language: 5 points
- Regional study: 5 points
- Partner skills: 10 points
The minimum pass mark is 65 points. The skills assessment is a prerequisite for claiming employment and education points — points in these categories are only awarded if the applicant holds a positive skills assessment from the relevant assessing authority.
Practical effect
Regulation 2.72 is the most commonly referenced provision in points-tested visa applications. The points score it prescribes determines whether an applicant can receive an invitation through SkillSelect and whether they subsequently satisfy the points test under s 101.
The minimum pass mark of 65 points is set by ministerial instrument. The actual score required to receive an invitation in any given SkillSelect round varies by occupation and state nomination and is typically higher than 65 — sometimes significantly so for high-demand occupations.
Employment points (both overseas and Australian) require skilled employment in the nominated occupation or a closely related occupation. Employment in an unrelated field does not attract points even if the work was highly skilled.
The partner skills points in r 2.72(11) and (12) operate as a bonus: both partnered and unpartnered applicants can claim 10 points — the former for having a skilled partner, the latter simply for not having a partner (or for having an Australian citizen/PR partner). This means neither marital status is inherently disadvantaged under the points schedule.