FAQs on the general class of family visas.
Family Violence Partner Visa Rules Provisions in law for family violence applies to partner visas where a relationship has ended, or is ongoing, but is subject to domestic violence. However, there are specific rules governing the process of applying for visa grant on the grounds of domestic violence (otherwise known as ‘family violence’). The rules[…]
Visa Cancellation Australia – Things to know Visa cancellation under Australian immigration law can be initiated by the Department of Immigration and Border Protection (DIBP) for the following reasons: Discovery of false, misleading or ‘bogus’ information during applicaiton; Discovery of fake documents supplied as evidence during application; Character grounds for criminal convictions or, in some[…]
Partner visa interview prepartion MUST HAVE! The Partner Visa Interview Preparation Guide includes an extensive list of questions likely to be asked by case officers during phone or face to face interview for partner visas. Including onshore 820/801; offshore 309/100 or prospective marriage 309. This list is extensive and exhaustive. Quite often questions will be asked in[…]
Partner visa refusal is on the increase according to migration industry insiders. Australian Immigration Department crackdown on fake or ‘sham’ marriages and ‘contrived relationships’ has resulted in some innocent and genuine couples being caught up in the drag net. This is a deeply troubling consequence of recently implemented measures to clamp down on migration fraud[…]
Family sponsored visas for Australia include Parent and Child visas. For secondary applicants as family members, there are varying definitions of composition of family. This can vary by visa category. For certain family sponsorship, the definition of a family member will determine the applicant’s eligibility. The following relationships usually apply: Close Relative a spouse,[…]
No Further Stay Condition – 8503 No Further Stay condition is applied to some but not all visas. Information on No Further Stay condition can be found on the Australian Immigration website. When applying for a waiver to the condition, it is important to understand whether the condition applied to your visa is mandatory or[…]
Visa Cancellation is a growing trend Australian government reporting in the Senate in late 2015 has shown a dramatic increase in visa cancellation. The introduction of data matching systems across government departments, including state and federal jurisdictions, has allowed compliance monitors to identify breaches of conditions by visa holders. Student visas in particular have seen[…]
Visa Refusal and Rules of Evidence – The fine line between visa grant and refusal A recent client case has come across my desk and has reminded me of how a genuine visa applicant can be refused by the Department of Immigration and Border Protection because of a simple lack of evidence to support their[…]
In all my years of dealing with the Department of Immigration and Border Protection there is one thing I have learned. THEY DON’T LIKE GIVING MONEY BACK! Visa application fee refunds are available to visa applicants on a limited set of circumstances. The Department assessing requests for visa application fee refunds against relevant provisions in the[…]
Stronger measures to crack down on identity fraud have recently come into force in Australia’s immigration system. From 22 March 2014, penalties under the so called Public Interest Criteria (PIC) 4020 were increased from 3 years to 10 years. Applicants will not be able to make application for an Australian visa with PIC 4020 requirement[…]
WARNING: UNAUTHORISED IMMIGRATION WEBSITE FOUND TO BE DEFRAUDING CLIENTS The Department of Immigration and Border Protection (DIBP) recently warned of false and unauthorised websites attempting to defraud would be migrants of money and identities. One website in particular, www.immigovau.co, mimics the current departmental website in appearance and layout, particularly when using certain browsers. A departmental spokesman said[…]
To be better prepared for your upcoming partner visa interview Know the types of questions to be asked Be sure there are no contradictions (after all, not all new couples are completely familiar with every detail of their partner’s life) Improve your understanding of how case officers assess answers to questions When applying for Partner[…]
HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS? All forms of correspondence such as email,text messaging, blogging, letters, postcards and the like are used extensively by departmental case officers to corroborate stories, accounts, claims made in applications, etc. It is important when compiling such material as documentary evidence, such[…]
HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS? As Mentioned in Part 1 of this series, heavy penalties are now being introduced by DIBP for people found to have submitted — knowingly or otherwise — false or misleading documents or proven to have filled in forms with incorrect information.[…]
HOW DO DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION CASE OFFICERS ASSESS FOR BOGUS DOCUMENTS? Bogus documentation is dealt with in s97 of the Migration Act (1954). Bogus documents are defined as being false in a material particular, which basically means documentation that is telling a lie or hiding the truth. The Act defines a bogus[…]
What are balance of family tests? Balance of family tests are applied to parent sponsorship in Parent visa applications. The balance of family test is the weighing of eligible with ineligible children. Eligible children are those considered to be usually resident in Australia. For example, PR or citizens of Australia. Ineligible children are those usually[…]
When applying to sponsor a relative through a number of the Family visa subclasses, the degree to which an applicant is considered ‘settled’ or ‘usually resident’ in Australia will influence the decision by a case officer. Australian Immigration Law often limits sponsorship of family members to those sponsors who can demonstrate their commitment to[…]
Assurance of Support for Contributory Parent Visa Assurances of support (AoS) are administered by Centrelink and not Department of Immigration. AoS is an undertaking by an Australian resident or organisation (the assurer) and the Australian Government. Under an AoS, the assurer agrees to support the migrant (the assuree). The assurer also agrees to repay any[…]
A de facto relationship is defined in the Migrations Regulations (at R1.09A) as existing between two people of the same or opposite sex, who are not married and can demonstrate a mutual commitment to a shared life to the exclusion of all others; and the relationship is genuine and continuing. If they do not[…]