One of the most frequently asked questions regarding the Skilled Independent (subclass 189) visa is this: can you still count on an invitation with 65 points, or should you be more realistic? The precise answer is both legal and statistical, and the gap between these two factors determines the fate of many applications. Negin Safaee, Registered Migration Agent (MARA 1791573), explains in this article the legal status of the 65-point mark and the actual mechanics of EOI ranking, citing relevant legislation and published invitation round results.
The short answer
Yes, 65 points remains the legal threshold for the 189 visa; it is the minimum score required for an invitation and visa grant, as established by the LIN 19/210 legislative instrument under section 96 of the Migration Act 1958. However, 65 is not a guarantee of an invitation: invitations are issued within each occupation based on EOI ranking. In the 4 June 2026 round, construction occupations were invited with 65 points, while many specialized occupations required 75 to 100 points.
What the law says
The number 65 is not an administrative convention or a market estimate; it is a legal threshold. Section 96 of the Migration Act 1958 empowers the Minister to set a “pool mark” for each visa category and a “pass mark” for applications within that category. The legal definition of an “applicable pass mark” is the number of points specified in a notice under section 96, at the relevant time, as the threshold for that visa category.
The executive instrument for this power is the “Migration (LIN 19/210: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2019,” which is registered under the umbrella of the Migration Act 1958 by the Department of Home Affairs. This instrument is established pursuant to sections 96(1) and 96(2) of the Migration Act 1958 and expressly states in section 6 that for applications submitted on or after 16 November 2019, both the pool mark and the pass mark are 65 points. This instrument sets thresholds for the 189 (Skilled Independent), 190 (Skilled Nominated), and 491 (Skilled Work Regional – Provisional) visa subclasses.
The important legal point is that 65 is a “floor,” not a “target.” Reaching 65 makes you legally eligible, but the next stage is competitive. In the invitation process, the EOI with the highest point ranking is invited before an EOI with a lower score. Alongside this, the occupation ceiling determines the maximum number of EOIs that can be invited from each occupational group—which effectively turns the ranking into an intra-occupational competition, rather than a single nationwide queue. To put it clearly, inviting a carpenter with 65 points tells us nothing about the points required for a software engineer, because the occupational pools are completely separate.
There is also a third factor that is often overlooked and relates directly to timing: For EOIs with equal scores, the time and date the EOI reached that score becomes the deciding factor—the “tie break” or “date of effect”—and the EOI with the earlier date of effect takes precedence. This means that early submission and securing your date of effect is part of the strategy, not just raising your points.
Key criteria and numbers you need to know
| Element | Number / Rule | Basis |
|---|---|---|
| Legal threshold (pass & pool mark) for 189, 190, and 491 | 65 points (applications from 16 November 2019 onwards) | LIN 19/210, section 6 — based on Migration Act 1958 sections 96(1) and (2) |
| Invitation sequence | Ranked by points; higher points invited first | Department of Home Affairs Invitation rounds page |
| Occupational limitation | Occupation ceiling for occupational groups | Department of Home Affairs Invitation rounds page |
| Tie-break rule | Earlier date of effect takes precedence | Department of Home Affairs Invitation rounds page |
| 4 June 2026 invitation round (subclass 189) | 10,000 invitations; tie-break date 24 April 2026; minimum points invited between 65 and 100 | Official round results on Department of Home Affairs Invitation rounds page |
| Occupations invited with 65 points (June 2026) | Approximately 15 construction and technical occupations, including Carpenter, Bricklayer, Electrician (General), Plumber (General), Glazier, Wall and Floor Tiler | 4 June 2026 round occupational points list |
| Specialized occupations in the same round | In published samples, minimum points reached 100 | Official 4 June 2026 round results, Department of Home Affairs |
| Deadline to lodge visa application after invitation | 60 days | Department of Home Affairs SkillSelect guide |
To understand the differences more clearly: In the 4 June 2026 round for subclass 189, a total of 10,000 invitations were issued, the published tie-break date was 24 April 2026, and the minimum points recorded among the listed occupations ranged between 65 and 100. In that same round, fifteen occupations in the construction and trade group—including Bricklayer, Carpenter, Carpenter and Joiner, Drainer, Electrician (General), Electrician (Special Class), Glazier, Joiner, Plumber (General), Roof Plumber, Solid Plasterer, Stonemason, and Wall and Floor Tiler—were invited with 65 points. At the other end of the spectrum, the lowest published scores started at 65, while the highest were 100. Examples of mid-range levels in that same round: 75 points for Social Worker, General Practitioner, and Secondary School Teacher; 80 points for Engineering Manager and Solicitor; and 85 points for Architect.
This pattern has not been a one-off event: in the 21 August 2025 round, the minimum points invited for Carpenter, Bricklayer, and Electrician (General) were also 65. However, one must remain precise: the minimum points invited is not the same as the general 65-point threshold; reaching that threshold only puts you under consideration and does not guarantee an invitation, and the 65-point figure for those occupations was relevant to that specific round and does not guarantee invitations in future rounds.
Regarding current status, one must rely on official sources: The official Department of Home Affairs results page shows the 4 June 2026 round as the current round. For this reason, figures for each round must be verified against the official “Invitation rounds” page on the Department of Home Affairs website before making any decisions.
What this means for you
The practical conclusion is clear: the answer to “Is 65 enough?” is tied to your occupation, not a national number. If your occupation listed in your EOI is one of the construction and technical trades, minimum invited points in some rounds have been 65; however, one round’s result does not guarantee the next. If you are in a high-demand field such as accounting, information technology, or many engineering disciplines, realistic planning means aiming for 80 points and above while seriously exploring parallel 190 and 491 pathways.
As Negin Safaee explains, a correct strategy has three pillars: first, securing an early date of effect, because this is the deciding factor in a points tie; second, careful selection of the ANZSCO code, as competition occurs within that occupation’s pool; and third, adding points that offer the highest return—such as Superior level English, verifiable years of experience, or specialized educational assessments. Negin Safaee, Registered Migration Agent (MARA 1791573), assesses these three pillars for every case individually based on published invitation round results, ensuring your decision is based on data, not guesswork.
And a practical warning for which the cost of negligence is heavy: If you do not accept the invitation within 60 days, you must wait for a new invitation, and there is no guarantee one will be issued. Having documents prepared before the invitation arrives is an inseparable part of this strategy.
Resources
- Migration (LIN 19/210: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2019 — Federal Register of Legislation (Registered 31 October 2019): https://www.legislation.gov.au/Details/F2019L01400
- Migration Act 1958 — s 96 “Minister may set pool mark and pass mark” (AustLII): https://classic.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s96.html
- Migration Act 1958 — s 5 “applicable pass mark / applicable pool mark” (AustLII): https://www5.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s5.html
- Migration Act 1958 — Compilation, Federal Register of Legislation: https://www.legislation.gov.au/C1958A00062/latest/text
- Department of Home Affairs — SkillSelect “Invitation rounds” (Occupation ceiling, invitation process, tie break / date of effect rule): https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds
- Department of Home Affairs — SkillSelect “Previous rounds” (Previous round results): https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/previous-rounds
- Department of Home Affairs — “After you submit your Expression of Interest” (60-day visa application deadline): https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/expression-of-interest/after-you-submit-your-expression-of-interest
Let us assess your points against your actual occupation
The number 65 is good news for a carpenter but a warning for a software engineer. The difference lies in the occupation, the ANZSCO code, and your EOI’s date of effect—and this is precisely where a professional review can remove months of fruitless waiting from your path. Negin Safaee, Registered Migration Agent (MARA 1791573), evaluates your profile against the latest published invitation round results and tells you exactly how many points you need, from which source, and with what timing. Book a consultation today for a personalized and honest assessment of your true 189 invitation chances.
Frequently asked questions
Is 65 points still the legal minimum for the 189 visa?
Yes. The legislative instrument LIN 19/210, established under sections 96(1) and (2) of the Migration Act 1958, set both the pool mark and the pass mark at 65 points for applications submitted on or after 16 November 2019; this applies to subclasses 189, 190, and 491.
Does 65 points guarantee an invitation?
No. 65 is the legal threshold for eligibility, not a guarantee of an invitation. Invitations are issued based on point ranking and within the framework of occupational ceilings; therefore, the minimum points actually invited depend on your occupation.
In the latest published round, which occupations were invited with 65 points?
In the 4 June 2026 round, fifteen construction and technical occupations were invited with 65 points, including Carpenter, Bricklayer, Electrician (General), Plumber (General), Glazier, Stonemason, and Wall and Floor Tiler. In the same round, minimum points published reached as high as 100.
If two people have equal points, which one is invited first?
The one who reached those points earlier. The Department of Home Affairs looks at the time and date of reaching those points for EOIs with equal scores—the “tie break” or “date of effect”—and the EOI with the earlier date of effect takes precedence. This is why early EOI submission is part of the strategy.
How long do I have after receiving an invitation?
60 days. If you do not accept the invitation within this period, you must wait for a new invitation, and there is no guarantee one will be issued; therefore, documents must be prepared before the invitation arrives.
What is the date of the latest official 189 invitation round results?
The official Department of Home Affairs results page shows the 4 June 2026 round, with 10,000 invitations and a tie-break date of 24 April 2026, as the current round. Before making any decisions, check the official page for new results.
This answer reflects the law and policy as verified on October 28, 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.