Subclass 190 and the Thapa Decision in 2026: Skills Assessment Within 60 Days
Yes — a suitable Subclass 190 skills assessment can be obtained within the 60-day invitation period. What else must hold at invitation.
Short answer: your skills assessment does not have to be in hand before the invitation arrives. According to the Australian Department of Home Affairs' official Skilled Nominated visa (Subclass 190) page (as at the 13 July 2026 snapshot), delegates of the Minister "will now accept a suitable skills assessment for an applicant's nominated skilled occupation which has been obtained within the 60 day invitation period". The same page still requires that, for your application to be valid, you declare at the time of invitation that you have a suitable skills assessment. Read together, this means an assessment that lands inside the 60 days can be used — but it must actually land inside those 60 days, and it must separately satisfy the age-of-assessment rules set out below. Everything here reflects how the Department describes the rule publicly and is general information only; it is not advice about your own circumstances, and the official page and any professional advice you rely on take precedence over this text.
What has to be true, and by when?
The invitation is the hinge of the subclass 190 timeline. Some requirements must already be satisfied on the day the invitation is issued; the skills assessment is the one with a documented flexibility window.
| Requirement | Timing rule from the Department's page |
|---|---|
| Suitable skills assessment declared | Must be declared at the time of invitation for the application to be valid |
| Assessment actually obtained | Accepted if obtained within the 60 day invitation period (Thapa approach) |
| Age of the assessment | Must have been obtained in the 3 years before the date of the invitation |
| Competent English | Must be held at the time of invitation |
| Age | Must be under 45 when invited (turning 45 after invitation is permitted) |
| Occupation | Must be on the relevant list of eligible skilled occupations for the 190 visa |
| Nomination | Must be nominated by a state or territory government agency |
| Points | EOI must reach at least 65 points; the invitation states the score you must substantiate |
Why does this flexibility exist?
Because of litigation, not because the Migration Regulations 1994 were rewritten. The change of approach follows Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 686, a decision of the then Federal Circuit Court of Australia. The Department states that the Minister administers the Regulations in accordance with Thapa.
The same passage carries a caveat worth reading twice: the Minister reserves the right to make submissions in a Court that Thapa was wrongly decided. In other words, this is an administrative position following a court decision rather than a statutory amendment. That distinction matters practically — a stated administrative approach can be revisited, so confirm the wording on the official page again when you are close to lodging.
Does the three-year validity rule still apply?
Yes, and it is measured from a different date than many applicants expect. Your skills assessment must have been obtained in the 3 years before the date of your invitation, not before you lodge. If the assessment was issued for a shorter period, that shorter period must not have passed.
This interacts directly with the 60-day window. An assessment sitting close to its expiry gives you less room; an assessment that expires during the invitation period raises the question of whether a valid assessment exists at all for the 60-day and lodgement period. There is also a source rule: if your skills were assessed on the basis of a qualification you obtained in Australia while you held a student visa, that qualification must come from a course registered on CRICOS.
What happens if the assessment arrives after day 60?
The invitation period itself is 60 calendar days from the date of invitation, and the Department states it cannot extend this time. If you do not apply within those 60 days, there is no lodgement to attach a late assessment to. Separately, if you do not apply for the visa after two invitations, your EOI is removed from SkillSelect.
When you do apply, you must provide a copy of the skills assessment with the application. The Department also warns that it is not obliged to request further documents and may decide the application without asking for more. If a visa is refused, the application charge is not refunded.
Do medical and legal practitioners need a separate evidence pathway?
Yes. The Department accepts the following alternatives to a skills assessment document from an assessing authority:
- full, unconditional or general medical registration with the Australian Health Practitioner Regulation Agency
- conditional specialist registration with AHPRA, where you can practise only in your specialty with no further training or supervision required
- admission to practice law in the relevant state or territory
The Department states you must be registered — or, for lawyers, admitted to practice — at the time it invites you to apply. That is an invitation-day requirement, not a 60-day one.
How should you sequence this if the assessment is still pending?
Think backwards from the invitation date rather than forwards from today. Assume an applicant is nominated and invited while an assessment application is still with the assessing authority: the 60 days start on the invitation date, the assessment must be issued within them, and it must be for the same nominated occupation, obtained within the 3 years before that invitation date. The Department's page does not publish assessing-authority processing times, so no duration can be asserted here — check with the authority relevant to your occupation, or another primary source, rather than assuming a timeframe.
Where the deadline risk is real, the main decision is whether to hold your EOI claims steady until the assessment is issued, since a false declaration at invitation is not cured afterwards. The remaining invitation-day criteria — competent English, age under 45, occupation listing, points claims — do not get the same flexibility, so they should be settled before you are relying on any post-invitation timing.
Frequently Asked Questions
Does my skills assessment have to be finalised before I receive the invitation?
No. The Department's subclass 190 page states delegates will now accept a suitable skills assessment for your nominated occupation obtained within the 60 day invitation period. You must still declare at the time of invitation that you have a suitable skills assessment, and must provide a copy with your application.
Is the Thapa approach permanent?
The Department describes it as its current administrative approach following Thapa v Minister for Immigration [2021] FCCA 686, with the Minister reserving the right to argue in a Court that the decision was wrongly decided. Because it is not a change to the Migration Regulations 1994 themselves, check the official page before lodging.
Can the 60-day invitation period be extended if my assessment is late?
The Department states the period is 60 calendar days and that it cannot extend this time. A late assessment is therefore outside the stated flexibility. Not applying after two invitations also results in your EOI being removed from SkillSelect.
Does the flexible timing apply to English or the age requirement?
No. Competent English must be held at the time of invitation, and you must be under 45 when invited. The age rule only allows you to turn 45 after the invitation is issued; turning 45 after your EOI but before the invitation means you will not be invited.
What if my assessment was issued for less than three years?
If your skills were assessed for a shorter period, that period must not have passed. The assessment must also have been obtained in the 3 years before the date of your invitation. Both tests apply alongside the 60-day rule, so check the issue date and any stated validity period together.
What if the state or territory withdraws my nomination?
The Department states your application becomes invalid if the nominating agency withdraws your nomination after you have applied. Nomination is a separate requirement from the skills assessment, and withdrawal is not something the 60-day assessment window resolves.