This is one of the questions I am asked most often by viewers of the program, and the answer has two layers: the «legal threshold» and the «competitive threshold». In this note, Dr Sirous Ahmadi, Australian migration lawyer, registration number MARA 0854826, explains the difference between these two concepts exactly as it is defined in migration law and in the official practice of the Department of Home Affairs, and shows why a headline figure such as «90 points» can never substitute for an individual assessment of your case.
The short answer
The legal minimum for the points test for the subclass 189, 190 and 491 visas is 65 points; an Expression of Interest (EOI) must meet or exceed that threshold. For the subclass 190 visa you must have at least 65 points, and the 5 points for state nomination are counted within that total. However, the competitive threshold for civil engineers in the national subclass 189 rounds is considerably higher; in the round of 4 June 2026 the minimum points scores of those invited ranged, by occupation, from 65 to 100 points. So 65 is the legal floor, and 100 is the ceiling of the competition.
What the law says
The legal framework here has three components, and separating them out is the key to understanding your case correctly:
1) The pass mark in the legislation: The Skilled Independent (subclass 189), Skilled Nominated (subclass 190) and Skilled Work Regional (subclass 491) visas are all assessed against the points test under the Migration Regulations 1994, and points are calculated according to the points tables in those same Regulations (Schedule 6D). The Department of Home Affairs states expressly that, to be invited to apply, an applicant must meet or exceed the 65-point threshold. Accordingly, 65 points is a «legal threshold», not a market estimate — and no official source has set 90 points as a legal minimum.
2) The competitive ceiling for subclass 189: Reaching 65 points makes you «eligible», but for the subclass 189 visa invitations are issued through competitive ranking in SkillSelect. That is why each round produces a minimum points score for those invited, broken down by occupation. In the round of 4 June 2026, a total of 10,000 invitations were issued for subclass 189, and the minimum points score of those invited varied from 65 to 100 points depending on the occupation. Engineering occupations, including civil engineering, have received invitations in recent rounds; the issue is not an «absence of invitations», but rather the «high cut-off» in highly competitive professional groups. The precise, current figure for each occupation must be checked in the occupation table on the Department’s «Previous invitation rounds» page, because these numbers change from round to round and occupation to occupation — and the figures circulating on forums and social media are applicants’ self-reported data, not official statistics.
3) The entirely different logic of subclass 190: For subclass 190, an invitation is issued after nomination by a state or territory, and each jurisdiction has its own published criteria (for example, the ROI process of the Victorian nomination program through Live in Melbourne). The governing rule is that an applicant must have at least 65 points, inclusive of the 5 points for state nomination. The Department of Home Affairs does not publish any national 90-point cut-off for subclass 190; the test is how well you match the occupational priorities and the residence/work requirements of the relevant state. For that reason, quoting a figure of 90+ for subclass 190 can needlessly discourage applicants sitting on 70 to 85 points from pursuing state nomination or the subclass 491 pathway — when in fact those applicants often have real, plannable options.
Key figures and criteria at a glance
| Issue | Figure/rule | Source |
|---|---|---|
| Legal minimum for the points test (189, 190, 491) | 65 points; an EOI must meet or exceed this threshold | Expression of Interest – SkillSelect page, Department of Home Affairs |
| Subclass 190 visa | At least 65 points including the 5 points for state nomination; selection based on each state’s criteria | Skilled Nominated visa (subclass 190) page + Victorian nomination program |
| Round of 4 June 2026, subclass 189 | 10,000 invitations; minimum points scores of those invited ranged from 65 to 100 by occupation | Previous invitation rounds – SkillSelect page |
| Frequency of rounds | Recent pattern: a limited number of large rounds in each program year | Previous invitation rounds – SkillSelect page |
| Civil engineering | Invitations continue, but with a high cut-off; check the exact figure in the occupation table for the relevant round | Previous invitation rounds – SkillSelect page |
| Components where points can be increased | Age, English language score, work experience inside/outside Australia, partner points, NAATI, Professional Year, Australian study | Points tables of the Migration Regulations 1994 (Schedule 6D) |
What this means for you
As Dr Sirous Ahmadi puts it: if you are a civil engineer and your current score is, say, 75 or 80, the correct conclusion is not that «the door is closed». The correct conclusion is that subclass 189 is currently the most competitive option, and that your strategy needs to move in two directions at once. First, structurally lifting your score through the components genuinely within your control — raising your English score to Superior, consolidating relevant work experience, partner skills points, NAATI or Professional Year. Second, seriously designing a state nomination (190) and regional (491) pathway, where the criteria rest on alignment with that jurisdiction’s workforce needs rather than on a national ranking.
The professional point we emphasise in every assessment we carry out is this: cut-offs change from round to round and occupation to occupation, so no headline number — neither 65 nor 90 — determines the fate of your case on its own. What is decisive is the precise breakdown of your points: your age at the date of invitation, the validity of your Engineers Australia skills assessment outcome, the expiry date of your English test result, and the period of work experience that can actually be counted. Years of experience as a MARA-registered lawyer (number 0854826) show that many engineering applicants move from «endless waiting» to «invitation in hand» simply by correctly rearranging these same components and choosing their target state deliberately.
Sources
- Expression of Interest – SkillSelect, Department of Home Affairs — immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/expression-of-interest
- Previous invitation rounds – SkillSelect (occupation tables and results of the round of 4 June 2026), Department of Home Affairs — immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/previous-invitation-rounds
- Skilled Independent visa (subclass 189) – Points-tested stream, Department of Home Affairs — immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-independent-189/points-tested
- Skilled Nominated visa (subclass 190), Department of Home Affairs — immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-nominated-190
- Migration Regulations 1994 (including the Schedule 6D points tables), Federal Register of Legislation — legislation.gov.au/F1996B00219/latest
- Victorian skilled visa nomination – Live in Melbourne, Victorian Government — liveinmelbourne.vic.gov.au/migrate/visas-and-immigrating/skilled-visa-nomination
- Register of Migration Agents, Office of the Migration Agents Registration Authority — mara.gov.au
Your case, your score, your pathway
If you are a civil engineer and you want to know exactly what your score is today, which component can realistically be lifted over the next six months, and which state best matches your profile, book a precise, personalised assessment with Dr Sirous Ahmadi, Australian migration lawyer (MARA 0854826). In that consultation we go through the breakdown of your points — age, English, work experience, partner points, NAATI and Professional Year — and set out a clear roadmap for subclass 189, 190 and 491: no unrealistic promises, and based squarely on the criteria written into the law and official practice.
Frequently asked questions
What is the legal minimum points score for the subclass 189 and 190 visas?
65 points. The Department of Home Affairs states that, to be invited to apply for subclass 189, 190 or 491, you must meet or exceed the 65-point threshold. The figure of 90 points is not a legal threshold; it is a competitive estimate of market conditions in some high-demand occupations.
Have civil engineers been invited in recent subclass 189 rounds?
Yes — engineering occupations have received invitations in recent rounds, but with a high cut-off. In the subclass 189 round of 4 June 2026, 10,000 invitations were issued and the minimum points score of those invited ranged from 65 to 100 points depending on the occupation. The exact figure for each occupation must be checked in the occupation table for that round on the Previous invitation rounds page.
Do I also need 90 points for the subclass 190 visa?
No. For subclass 190, the invitation is issued after nomination by a state or territory and on the basis of that jurisdiction’s published criteria; the governing rule is a minimum of 65 points, with the 5 nomination points counted within that total. No national 90-point cut-off has ever been published for subclass 190.
What options do I have with 75 or 80 points?
Take the state nomination (190) and regional (491) pathways seriously, because selection there rests on alignment with the state’s workforce needs. At the same time, you can increase your score through your English score, work experience, partner skills points, NAATI and Professional Year.
Are the figures published on forums about the civil engineering cut-off reliable?
Those figures are largely applicants’ self-reported data and carry no official statistical weight. The only dependable source is the occupation tables for each round on the Department of Home Affairs’ Previous invitation rounds page — bearing in mind that cut-offs change from round to round and occupation to occupation.
This answer reflects the law and policy as verified on September 28, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
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.