Expression of Interest (EOI) Australia – A Comprehensive Guide by Nilesh Nandan

By Nilesh Nandan — Australian Immigration Lawyer, MyVisa® Immigration Lawyers

This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. 

Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.

Table of Contents

• Introduction
• What Is an Expression of Interest?
• Why the EOI Matters
• Legal Basis of the EOI
• How the EOI Process Works
• EOI vs Visa Application
• Types of Visas Requiring an EOI
• Step-by-Step Guide to Submitting an EOI
• How to Improve Your EOI Score
• SkillSelect Points Comparison Table
• Real-World Examples
• Common Mistakes and How to Avoid Them
• Frequently Asked Questions
• Book a Consultation

Introduction

Every day at MyVisa®, I meet people who are ready to migrate to Australia—skilled engineers, talented IT professionals, ambitious entrepreneurs, and recent graduates—but who feel stuck because they don’t understand what the “Expression of Interest” actually is. The term sounds simple, yet in immigration law it represents one of the most critical steps in your visa journey.

The Expression of Interest (EOI) is not a visa application. It’s your first formal communication with the Australian Government, telling them that you wish to be considered for migration under a particular skilled or innovation visa program. The EOI allows the Department of Home Affairs to assess your eligibility and rank you against other applicants before extending an invitation to apply for a visa.

Over two decades as an immigration lawyer, I’ve seen excellent candidates miss out on invitations simply because their EOIs were inaccurate or incomplete. This guide breaks down everything you need to know—what it is, how it works, how to maximise your points, and how to avoid common pitfalls—so you can give yourself the best possible chance of success.

What Is an Expression of Interest (EOI)?

An Expression of Interest is an online form you submit through the Department’s SkillSelect portal. It captures your personal, educational, and professional background so the Department can determine whether you meet the threshold criteria for a points-tested or nomination-based visa.

Unlike an application, the EOI doesn’t require payment or document uploads, but it does require complete honesty. Every statement you make in your EOI will later be checked against evidence in your formal visa application. Inconsistent or exaggerated claims can trigger Public Interest Criterion 4020, which can bar you from applying for future visas for up to three years.

Think of the EOI as a resume for migration: you’re telling the Australian Government, “Here are my qualifications and achievements—please consider inviting me.”

Why the EOI Matters

The EOI is crucial because it decides whether you’ll ever receive an invitation to apply for a skilled or innovation visa. Without a valid EOI, you can’t apply for subclasses such as 189 Skilled Independent, 190 Skilled Nominated, or 491 Skilled Regional. For business and investment visas, it’s equally essential—state governments use EOIs to shortlist entrepreneurs who meet their economic priorities.

From a lawyer’s perspective, the EOI does more than gather data. It performs three important legal and administrative functions:

1. Screening: It ensures only qualified candidates proceed to application, reducing processing times for both applicants and the Department.
2. Ranking: It allows the Government to issue invitations to those with the highest points or strongest innovation potential.
3. Transparency: It provides a fair, competitive system that aligns with Australia’s annual migration planning levels.

Submitting a well-prepared EOI signals professionalism and reliability. It tells the Department you understand your obligations and are serious about settling in Australia.

The Legal Basis of the EOI

The EOI system operates under the Migration Act 1958 and the Migration Regulations 1994, specifically clauses 2.12F and 2.12G, which empower the Minister to invite applicants to apply for certain visas. The system was created to manage Australia’s skilled migration intake efficiently by selecting candidates who meet points-tested criteria or state nomination priorities.

Your EOI is legally binding in the sense that any false statement can be treated as a breach of the Migration Act. That’s why, at MyVisa®, we advise clients to treat their EOI with the same care as the actual visa application—it’s effectively a legal declaration of fact.

How the EOI Process Works

The process begins when you create your SkillSelect profile. Once your account is verified, you’ll complete several sections: personal details, education, employment history, English test results, and skills assessment information. SkillSelect uses these entries to calculate your points score automatically.

Your EOI remains valid for two years, but you can update it anytime if your situation changes—such as achieving a higher English score or gaining more skilled work experience. When updates are made, the system recalculates your points and resets the submission date. The Department conducts monthly invitation rounds, and state governments also review EOIs to identify candidates for nomination.

If you’re invited, you have 60 days to lodge a full visa application. Miss that window, and your invitation lapses. You can still remain in the pool, but you must wait for another round to be considered again.

EOI vs Visa Application

One of the biggest misconceptions I see is applicants thinking their EOI is the visa application itself. It’s not. The EOI is a preliminary step—there’s no fee and no formal assessment of your claims until after you’re invited. The visa application, by contrast, is a full legal submission where you provide evidence for every claim you made earlier.

The key differences are outlined below:

In practice, your EOI is the foundation for your application. If your claims in the EOI are overstated and you can’t later prove them, your visa may be refused even after invitation. Precision matters.

Types of Visas Requiring an EOI

As of 2025, you must lodge an Expression of Interest for the following visa subclasses:

• Skilled Independent Visa (189): For highly skilled workers not sponsored by an employer or state.
• Skilled Nominated Visa (190): For skilled workers nominated by a state or territory government.
• Skilled Work Regional (Provisional) Visa (491): For applicants who commit to living and working in regional Australia.
• Business Innovation and Investment Visa (188): Requires EOI outlining your business experience and investment capacity.
• National Innovation Visa: A pathway for entrepreneurs or researchers in target sectors.

Each stream uses the EOI differently. For example, 189 relies purely on points ranking, while 190 and 491 depend on whether a state nominates you. Business and innovation visas assess your business plan and potential economic benefit.

Step-by-Step Guide to Submitting an EOI

1. Check Eligibility: Ensure your occupation is on the relevant skilled occupation list and obtain a positive skills assessment from the assessing authority.
2. Prepare Supporting Results: Sit an English test such as IELTS or PTE Academic, and gather proof of skilled employment.
3. Create a SkillSelect Account: Register through the official Department of Home Affairs portal.
4. Enter Personal Details: Names, dates, and citizenship information must match your identity documents exactly.
5. Input Education and Employment History: Use accurate dates and responsibilities that align with the ANZSCO code of your nominated occupation.
6. Nominate Your Visa Type and State Preferences: You can choose multiple options to broaden your opportunity for invitations.
7. Review and Calculate Points: SkillSelect will auto-calculate your points score. Also, double-check that each claim is legitimate.
8. Submit Your EOI: Once you’re satisfied, confirm and save your submission reference number.
9. Monitor the Invitation Rounds: Check monthly updates on the Department website for results.
10. Update When Needed: If your English or work experience improves, edit and resubmit to increase competitiveness.

How to Improve Your EOI Score

Because EOIs are ranked, improving your score can mean the difference between waiting years or being invited within months. Strategies include:

• Boost your English score: Increasing from IELTS 7 to 8 can add 10 points instantly.
• Gain additional work experience: Documenting each full year of skilled work outside or inside Australia improves your total.
• Pursue state nomination: Some states give priority to applicants willing to live regionally.
• Study in Australia: Completing a two-year Australian qualification adds extra points.
• Partner points: If your partner meets skilled criteria, you may gain up to 10 points.

At MyVisa®, we often run a points audit for clients to uncover hidden advantages. Sometimes small changes—like claiming partner English points or regional study—can dramatically shift results.

SkillSelect Points Comparison Table (2025)

Cut-off points fluctuate each round depending on occupation demand. If you’re a nurse or engineer, you might see lower thresholds than IT professionals, who face high competition.

Real-World Examples

Case 1 – Skilled Engineer: Rajesh from India held 80 points but no invitation for months. After securing state nomination in South Australia through an updated EOI, he received an invitation within six weeks. Lesson: flexibility with states can accelerate results.

Case 2 – Entrepreneur Applicant: Fiona, a UK national, submitted an EOI for the Business Innovation Visa. Her well-documented business plan highlighting job creation potential caught a state’s attention, leading to nomination.

Case 3 – Graduate in Data Analytics: Minh, a recent graduate from Macquarie University, initially scored 70 points. After completing a Professional Year Program and retaking PTE, his score rose to 85, securing an invitation the next round.

Common Mistakes and How to Avoid Them

• Using outdated occupation lists or incorrect ANZSCO codes.
• Claiming work experience before completing relevant qualifications.
• Submitting multiple EOIs with inconsistent data.
• Failing to withdraw an EOI after receiving an invitation, causing confusion in processing.
• Assuming an EOI automatically leads to an invitation—selection depends on ranking and quotas.

Before submission, always verify your details and, if possible, have a registered migration lawyer or agent review your draft for accuracy.

Frequently Asked Questions (FAQ)

1. How long does my EOI stay valid?

Two years from the date of submission. You may withdraw or update it anytime.

2. Can I submit multiple EOIs?

Yes, but be careful. Each must contain consistent data. Contradictions can trigger scrutiny under PIC 4020.

3. Does the EOI guarantee a visa?

No. It only expresses your interest and eligibility. You must still be invited before applying.

4. What’s the best time to submit an EOI?

Anytime after your skills assessment and English test results are available. However, timing updates strategically can maintain your ranking position.

5. Can I update my EOI after submission?

Yes. You can log in to SkillSelect and edit details anytime, but updates reset the submission date.

6. Is there a fee to submit an EOI?

No, submitting an EOI is free. You only pay visa fees once invited.

7. How are invitations issued?

Invitations occur in monthly rounds based on your occupation, points, and nomination. Higher scores receive priority.

8. What happens if my EOI is inaccurate?

If your claims are false or unsubstantiated, your visa may be refused and you could face a three-year exclusion under PIC 4020.

9. Can my migration agent submit my EOI?

Yes, provided they’re registered with MARA. Also, agents often ensure compliance and optimise points strategy.

10. Do states see my EOI?

Yes, all states have access to SkillSelect data and can nominate candidates directly based on their needs.

11. How often are invitations released?

Commonwealth rounds typically occur monthly, while states can issue invitations at any time.

12. What if I miss the 60-day invitation deadline?

Your invitation expires. You’ll need to wait for a new one before lodging a visa application.

13. Can I withdraw my EOI?

Yes. You can withdraw it anytime through SkillSelect. Withdrawal doesn’t affect your future eligibility—you may submit a new one when ready. It’s a good idea to withdraw if your circumstances change drastically, for example, if you change occupations or move to a different visa pathway.

14. What if my English test expires?

Your EOI remains active, but your points may drop once the test expires. Always ensure your English test result is valid at the time of invitation; otherwise, your application could become ineligible.

15. Can I submit an EOI while on a temporary visa in Australia?

Yes. Many applicants on student or temporary graduate visas lodge EOIs while studying or working in Australia. It’s perfectly lawful and often strategic because you can claim onshore work or study points. However, you must maintain lawful status while waiting for an invitation.

16. Will updating my EOI reduce my ranking?

Not necessarily, but every update resets your “time in queue.” If you’re in a highly competitive occupation, updating frequently can move you further down. It’s best to plan updates for when your new claim—like a higher English score—adds enough points to outweigh the reset.

17. How do states use EOIs?

State governments review the national SkillSelect database to identify candidates matching their labour or business priorities. For example, Queensland might prioritise engineers and nurses, while Tasmania focuses on hospitality and aged care workers. Your EOI acts as your public profile to these decision-makers.

18. Can I submit an EOI for both skilled and business visas?

Yes, if you meet the eligibility requirements for both categories. Each EOI is treated independently. Some clients begin with a Skilled EOI but later pivot to Business Innovation once they have sufficient capital or investment track record.

19. What happens if my partner’s details change?

You must update your EOI promptly. Marriage, divorce, or the birth of a child can alter your points calculation. Never wait until the visa stage to declare dependants—it’s safer to update immediately using Form 1022 as well.

20. How can a lawyer help with my EOI?

Lawyers analyse your entire profile, verify that every claim is legally sustainable, and develop a long-term migration strategy. For instance, if your points are borderline, I may advise applying for a regional nomination or combining study and work experience to strengthen your profile. Legal guidance prevents costly refusals that could set you back years.

State Nomination Tactics

Each state has its own nomination list and priorities. For example:

• New South Wales: Focuses on high-demand ICT and health occupations. Requires proof of residence in NSW for some streams.
• Victoria: Emphasises STEM and digital sectors. Therefore, invitations are often merit-based, not purely points-driven.
• Queensland: Prefers engineering, agriculture, and hospitality professionals. Business streams require investment in regional areas.
• South Australia and Tasmania: More open to international graduates and regional applicants, hence offering faster processing for those already living locally.

Moreover, understanding these patterns allows you to target states more likely to nominate your occupation. At MyVisa®, we constantly analyse state trends and help clients align their EOIs accordingly.

Final Advice

The Expression of Interest is far more than a form; it’s the starting point of your migration story. Approach it with diligence, honesty, and attention to detail. Keep all supporting evidence ready before submission, track your English and skills assessment expiry dates, and maintain lawful visa status while waiting for invitation.

Above all, don’t treat the process as generic. Every applicant’s story is unique, and your EOI should reflect that individuality—your skills, your experience, and your genuine intention to contribute to Australia. When done right, it not only opens a path to permanent residence but also showcases your professional integrity to the Australian Government.

Book a Consultation

If you’re preparing your Expression of Interest or have waited too long without an invitation, it may be time for expert advice. I can personally review your EOI, identify weaknesses, and craft a strategy tailored to your goals—whether it’s a Skilled, Business, or Innovation visa.

Book a consultation with me today to secure the strongest possible start to your migration journey.

Legal Disclaimer
By Nilesh Nandan — Australian Immigration Lawyer, MyVisa®️ Immigration Lawyers

This blog is intended for discussion purposes only and does not constitute advice. You should seek independent legal advice before relying on any information provided on this site. Immigration policies, systems, and processes can change without notice. I’d like to know your own experience with the immigration challenges noted above — feel free to contact me.

MyVisa: Nilesh Nandan, Attorney at Law
BBus(Accy) LLB(QUT) GDLP MBA(IntBus)
Head of Practice