Yes, it is entirely possible. Priority for processing and the issuance of invitations are two distinct mechanisms; in federal 189 and 491 Family Sponsored visa rounds, point ranking occurs within each specific occupation code and is subject to that occupation’s ceiling. Therefore, 75 points in a low-competition occupation code may receive an invitation, while 90 points in a highly competitive code may not be sufficient.
Negin Safaee, Registered Migration Agent (MARA 1791573), considers this one of the most common misconceptions among skilled applicants and explains that the root of this difference is not a “systemic injustice,” but rather the two-tier architecture of Australia’s skilled migration program.
Layer One: Processing Priority, Not Invitation Priority
Ministerial Directions issued under section 499 of the Migration Act 1958 determine only the order of assessment and decision-making for nomination and visa applications and do not alter eligibility requirements. As of 25 July 2026, Direction 105 has been fully superseded by Direction 119. The current order is as follows: first, law enforcement and defence occupations onshore; then the same occupations offshore; followed by construction, health, and teaching occupations onshore; then other onshore occupations; and finally, other offshore occupations. Under the previous framework, regional status and Accredited sponsor status carried specific weight; this weight no longer applies.
Layer Two: The Actual Invitation Mechanism
In invitation rounds, an EOI with a higher score is prioritized over an EOI with a lower score; where scores are equal, the “date of effect” is used as a tie-breaker, with the earlier date receiving the invitation. However, this ranking applies within the same occupation code and up to that occupation’s ceiling. This is why two applicants with different scores experience different outcomes. It is important to note that occupation ceilings apply only to the 189 visa and the 491 Family Sponsored stream, not to employer-sponsored or state and territory nomination programs; these ceilings are not published through general channels and have been made available via Freedom of Information requests (document FA 26/01/00545).
The Real Numbers: Published Evidence
Departmental data demonstrates this pattern. In the 13 November 2025 round, the minimum score for Carpenter and Electrician (General) was 65, and for General Practitioner, Midwife, Physiotherapist, Registered Nurse, and Secondary School Teacher, it was 75. In the Department’s published list, Civil Engineer and Electrical Engineer were recorded at 90, Accountant (General) at 100, and Electrician (General) at 65. Thus, the scenario where “75 is invited and 90 waits” is not hypothetical, but documented.
However, these figures are not static and fluctuate between rounds: in the 21 August 2025 round, the minimum score range was 65 to 110, and in the 4 June 2026 round, the range was 65 to 100, depending on the occupation. Even in that same list, Electrician (Special Class) was recorded at 70. Therefore, generalizations such as “trades are always 65” or “healthcare staff are always 75” are imprecise, and the figures for each round must be verified from the Department’s Invitation rounds page for that specific date.
The Legal Threshold and State Pathways
The statutory passing mark for skilled points-tested visas invited via SkillSelect is 65 points; an invitation below this threshold is not possible, while conversely, reaching the minimum score alone is no guarantee of receiving an invitation. Furthermore, 190 and 491 visas with state nomination fall outside federal rounds entirely, and invitations for these are issued by the state itself based on that state’s criteria—a distinction that, if ignored, can derail many strategic plans.
Regarding point scoring, details are crucial: Item 6D71 awards 20 points for an Australian PhD or a PhD with a recognized standard. Regarding community language points, note that this relates to NAATI CCL (credentialled community language) accreditation, and the precise reference for this is Schedule 6D, under credentialled community language.
If you want to know where your points truly stand within your occupation code and which pathway—federal or state-nominated—holds the best chance for you, a short and targeted consultation with Negin Safaee, Registered Migration Agent (MARA 1791573), can transform your case profile from guesswork into a clear roadmap.
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This answer reflects the law and policy as verified on October 27, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.