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What Not To Do On An Australian Visa Application

visa australia application

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#1 AussieDude

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Posted 09 January 2016 - 02:18 AM

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I am a regular contributor, and I find myself repeating the same advice over and over again. Which is OK because I like the sound of my own voice ;-)
 
All the posts here detail what you SHOULD do.  As something different, I will detail what NOT to do.  This is based on many years investigating Immigration Fraud cases, it applies to Visitor, Partner and most other visa's.
 
When you make a visa application, DO NOT..

  • Lie or tell half truths. 
  • Withhold important information that is on public record (i.e you have a criminal history). Honesty may prove you have learnt your lesson and can now be trusted?
  • Claim something you cant prove.  Everything you state must be able to be proved through paperwork. A job without proper pay records is probably fake.
  • Ring the embassy or High Commissioner demanding priority.
  • Send abusive emails to your case worker
  • Criticise your case worker by name in a public forum (yes DIBP read all this)
  • Complain about the fees. Australia ain't cheap
  • If you want to prove a Defacto you must prove 12 months relationship, NOT 11 months and 2 weeks.
  • Include erroneous photos without explaining why the are relevant.  Unsubstantiated Photos mean nothing, they are easily faked.
  • If you include Statements from someone as your relationship or circumstances, make sure they can be contacted by DIBP.  Yes they do check.  
  • Ask for a statement from someone who cant prove that they were in same country as you 12 months ago.  Visa, Passport stamp, airline ticket.
  • Think you are special, important or high priority.  In Australia, we are all equal.  Look up Tall Poppy Syndrome.
  • Expect DIBP to see into your heart,  regardless of how much love you feel, HARD proof is best.  No amount of love will replace hard facts and proof.
  • Expect to get around a medical.  Medicals are mandatory, relax they are not complicated, providing you are healthy.
  • Complain about long waiting times, especially if your application is from a high risk country, they will take longer.
  • Expect to come here and get medicare and welfare the day you arrive.  Come here to build a life and work hard.  Questions like "how soon can I get medicare, or welfare" do not look good
  • Try to avoid or fake Police checks.  They are VERY important to DIBP, what you may think is minor thing, DIBP may consider an issue. If you have a police history, tell them.  Hiding things like that will only hurt your application.
  • Try to fake that your relationship has been for a long time, when it has not.  If the relationship is true, and genuine then all is good.  If its fake and not real, save your money, DIBP will catch you out.
  • Send anything in a foreign language, Everything must be translated (by a certified translator), regardless what some hokey local website or friend of your mother says is ok., (Exception is some EU and Russian missions will accept local language docs, check first).
  • Thinks you are being victimised or discriminated against.  Trust me, DIBP do not care about ladyboys, same sex unions, age gaps, religion, or how many times married. So dont make it an issue.  "DIBP rejected my PV because I am a gay, transgender, muslim, divorcee"  Bullshit.  The Australian Public Service pride themselves on their impartiality.
  • Expect a visa if either of are not of good character, including the sponsor.  Especially if there is a child involved. Good Character is a complex term, but most get the idea.
  • Think visa fees have a guarantee.  Yes the PV is very expensive, and there are no guarantees.  If in doubt DONT APPLY. DIBP is not an Apple Store.
  • Try to fake a relationsip.  Any genuine relationship will have evidence to prove such.  No evidence, its probably not genuine.
  • Be impatient.  DONT be in a hurry.  Patience.  And NO DIBP do not make you wait as a test.  PLAN ahead, DIBP like people who plan holidays well in advance.
  • Get married, or have a baby thinking it will get you special treatment or a fast track.
  • Think that you father/uncle/brother as a famous proctologist/businessman/politician gives you status.  It means nothing.  Its about you and your partner.
  • Provide fake documents, statements, payslips, company certificates, letters etc etc etc.  They are usually spotted immediately.  Just one lie and your probably will be rejected.  Understand this, TRUTH on your application is more important than ANY other aspect.
  • Use or pay a NON licensed immigration agent.  All registered agents with DIBP are listed on the Australian Embassy Websites.  
  • Believe sites like www.easyaussievisa.com, they are usually full of lies and old information. Believe the information on the TRUE www.dibp.gov.au website.    
  • Believe anyone who says they have a friend at the AU embassy, and can get you fast tracked.
  • Judge Australian society, standards and culture by your own.  What may be normal in your homeland maybe either illegal or unacceptable in Australia.  The opposite also applies.
  • Disrespect or treat any Immigration of DIBP staff member poorly.  They have a hard job.
  • While on this forum,
    • Don't demand answers, we are volunteers
    • Don't get narky because we may have not observed you own customs, trust me we are observing ours.
    • Don't demand rapid answers, we all have other real lives, we do our best
    • Read, read and read more. 99% of all questions have been answered before.  So excuse us if we get testy when repeating the same advice for the 1200th time ;-)

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#2 AussieDude

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Posted 23 January 2016 - 07:26 AM

And when you arrive...

 

  1. If it goes in your mouth declare it. All food, regardless.  All medicines, herbs, traditional medicines, declare it.
  2. Declare anything organic, seeds, plants, plant products (rafia, woven reeds)
  3. Declare all medicines, even if you have a prescription
  4. Again, declare all food, or anything you could eat or drink.

Unless you understand the complexities of Australias' Bio-Security policy, dont try to argue what is permitted or not.

 

Even if you have a valid visa, the border officers have the right to re-affirm you situation. Financial means, plans for you holiday, certainty that you will not seek work.


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#3 AussieDude

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Posted 04 March 2016 - 11:30 PM

Another Gem...

 

There are no short cuts, everyone is treated the same.




#4 AussieDude

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Posted 19 March 2016 - 07:23 PM

My gripe this week.  

 

I answer on average 50-100 IM's and posts per week.  I try to do my best.  I speak and write English excdptionally well, and I do not write down (dumb down).  I try to be clear, and accurate.

 

I have had several people, lets call them morons,  who complained because they did not understand the English words I was using, they complained why did I not use simple words, why did I have to use complicated words like, prosecution, compliance, accuracy, Affidavit... etc. So my response is this..

 

1)  respect the fact that I dont speak your language and I have no understanding of your literacy levels.  Consider I am trying to help you. I am not here to make you feel inadequate (look it up...  dictionary.com)

2)  Dictionary.com

3)  These words really have no simple alternative, yes English is a precise and complicated language. To use alternatives would alter the meaning.

 

There is an old saying, 'Don't bite the hand that feeds you'


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#5 AussieDude

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Posted 10 April 2016 - 01:39 AM

This weeks gem.

 

Joe Blogs:  "I am a senior banking officer with a Major Indian Bank for 10 years.  I applied for a 17 day VV and it was refused (he was unable to establish compelling reason to return, no evidence of regular payroll into bank account)."

 

I asked: Did you include a letter from you employer granting you leave and confirming you are expected to return?

 

Joe Blogs: " No, as in India they do give letters like this, and everyone is paid cash."

 

Me:  Bullshit.  Dont represent a job when you cant prove it.


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#6 AussieDude

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Posted 16 April 2016 - 10:10 PM

Here is another common question, financial means to support yourself while on a VV.

 

There is no official rule, but generally IMMI expects to see at least $1000 per WEEK (yes per week) for a first time applicant. Remember that hotels in Sydney are around $300 per night, and sleeping on the park is not an option :-)

 

Letters of offer of support (accomadation, food, car, phone etc) help, but can not replace you showing cold hard cash in your account (or credit cards).




#7 AussieDude

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Posted 17 April 2016 - 02:22 AM

Guys, don't fabricate employers or jobs.  They are so easily detected.  This week alone I have had 4 cases of fake employer and company details.  In all cases from India.

 

When I get a letter from an employer stating that Mr X is a valued employee for 4 years, the first thing I check is his bank statements. Guess what, no regular deposits from the same source.  Then there is the excuse 'oh they pay me cash' that is the norm in my country.  If an employer has a letterhead, is registered, and is legitimate, they DO NOT PAY CASH, even in Krapistan.  Simple payroll security dictates they pay into your bank account.  

 

So there are exceptions, one i know of is casual miners in South Africa, but even then they do give our payslips every week with the cash. 


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#8 AussieDude

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Posted 20 April 2016 - 01:40 AM

Obvious but note worthy....

 

Do not believe anyone.  Use the advice here as guidance to make your own inquiries and decisions.  Immigration Law and Regulations change frequently and none of us can keep up 100% of the time.

 

I was correctly caught out on Visa Fee Structures just this week, as the rates had changes BEFORE the MARA bulletins had arrived in the mail.

 

The ONLY source of real TRUTH is a letter from DIBP to you, even then they have been wrong, hence the right of appeal.


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#9 AussieDude

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Posted 20 April 2016 - 04:31 AM

A big one this week.   If your applying for your second 417 Travel and Work Visa, you will need to prove that you undertook rural work.

 

There is a big black market in AU for people providing false Rural working references, for a fee. DIBP are all over this and ruthless in their checking.

 

This week alone I have had 6 clients all refused an extension and furthermore hit with 3 year bans because of false rural references.




#10 AussieDude

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Posted 03 May 2016 - 07:40 PM

Today's gem of wisdom.

 

If you are planning a scam visa, or you are working a scam already, Don't discuss it here.  DIBP regularly check this forum.

 

Dont write some sad post expecting us to validate your scam.  Most of the contributors here have ZERO tolerance for anyone wanting/planning/researching to scam our beautiful Commonwealth.


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#11 AussieDude

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Posted 05 May 2016 - 12:58 AM

I get asked this all the time, should I marry now or not, do I apply for a PV or PMV?

 

Its really very simple.....    IMMI want to see at least,  and I quote "a genuine and enduring relationship that has existed for at least 12 months before application".  

 

Regardless how strongly you feel about your partner, 12 months is 12 fucking months.  IMMI and myself do not give a 'tinkers cuss' (look it up) about how strong your passion is.  Time is the validator here.  

 

To qualify as a defacto or genuine relationship in the eyes of Australian IMMI (now DIBP) you must be able to prove a a genuine and enduring relationship existed for at least 12 months before application".

 

If its not 12 months.... then wait your time.  Its only time.....


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#12 AussieDude

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Posted 12 May 2016 - 08:55 PM

This weeks words of wisdom....

 

I get asked a lot about criminal history and how may affect a visa application.  The general rule is ANY criminal history **MAY** affect your application.  It depends on so many factors, the nature of the crime, how long ago, repeated offences, your age at the time of the offence. etc.  It is an assessment process.

 

In Australia we draw clear distinction between Criminal and Civil offences, the best way to determine what is what from you country is this. Criminal charges are placed and prosecuted by the Police of Government, Civil cases are placed by other citizens. Selling drugs or theft is criminal.  Failing to pay a bill or slander is civil.

 

So, my advice to you if you have ANY criminal history whatsoever is;

  1. Declare it to DIBP
  2. Include a PCC with your visa application, this is not essential but shows honesty and will save time.
  3. Include a covering letter explaining why you where in trouble, and make sure you admit fault and have atoned for your crime.  DO NOT blame someone else or claim police corruption or a crazy ex.wife/husband. The key is sending the message that this was a once off situation and you are now a model person of good character.

If you have current CRIMINAL charges that are awaiting a court decision, do not apply for a visa, it will be automatically refused until there is a decision.




#13 AussieDude

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Posted 15 May 2016 - 02:13 AM

This is a sad post, and disgusts me.  But, its a result of Australia's pre-historic laws regarding same sex marriage.

 

I just a had a same sex couple rejected for a PMV as they stated they were married (and they were in the US), they did not go down the defacto path as they were incorrectly advised.

 

Be advised.  Australia DOES NOT recognised same sex marriages, either existing or prospective. We do however recognise same sex partnerships, or Defacto relationships.

 

Choose carefully young Skywalker, PMV fees are significant.




#14 AussieDude

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Posted 22 May 2016 - 04:33 AM

This weeks advice is a sensitive one...  Please consider this...

 

Regardless of what you may think, or believe, Australia is a egalitarian society (look it up on google before flaming me).

 

Puffery regarding multiple Doctoral degrees, letters from a local politician, your fathers super status, or the families good name are all basically meaningless, when it comes to a basic 600 Visa.

 

In fact, the more puffery, the more scrutiny DIBP will place on you application.

 

If you are a genuine tourist, with the demonstrable means to support you stay, and an iron clad reason to return to your home, then you will get a visa.

 

Why is it so hard???  Simple....  countless thousands of your countrymen have lied, deceived, concealed and fabricated tall stories to gain unlawful entry to our Commonwealth.  Take your anger up with them.


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#15 AussieDude

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Posted 13 August 2016 - 12:34 AM

This weeks wisdom.  Onshore Extensions.

 

If a visitor has a VV without a 8503 No Further Stay condition, it indicates that DIBP have a level of trust in the applicants intent and reason to visit.  Stepping forward, applying for an ONSHORE extension to such a person indicates to DIBP that there is a compelling reason this person wants to stay in Australia.  Hence, scrutiny regarding work intent, funds, reason to return etc are investigated much more deeply.

 

So the original context of this post was a reply to a Indian chap with PR, who was trying to bring his legitimate Indian G/F to Australia, initially for development of their relationship, then leading to a PMV.  

 

Generally ONSHORE Extension to a VV, or ONSHORE PMV Applications are fairly easy. 

 

Some ideas for success...

 

(if I have confused him(you) aka male aussie sponsor, and her(foreigner) female sponsored, then I apologise.)  You will get my thoughts regardless. Everything in the DIBP eyes is genderless.

 

Homework:  Everything is explained in hyper-official government english at the DIBP Website. Sigh..  I have a Masters in Science and two Arts Degrees, and often I find the english used on Australian Government Websites, over complicated, not 'plain english', and very very confusing.  Keeps the Lawyers employed.

 

As always the key issues to any VV for a National of a high risk country is this...  

  1. Preamble, if you have a PV application lodged, then this is all very easy, as you have clearly stated you longer term in tent.
  2. Showing proof (in their name) of funds for the stay.  Dont ask for 12 months with $2k in the bank.  DIBP are looking for factors that will encourage illegal work. Better to put some $$ in her account, say at least $1000 per month, and provide a letter of support that you will meet all her accommodation, living, transport, communication (yes a mobile is $100/month) expenses.  SHe must show some money in her name.  Remember that a VV can not be sponsored, she must establish her validity independently of you.
  3. Dont ask for 12 months, ask for 6.  You will probably get 12 months.
  4. Make sure she has travel medical insurance, and include the documentation.  Foreign Visitor Medicare burden is an issue. Insurance shows you are considering all her needs, and providing for her.
  5. Get her a phone, on a plan that you pay for.  Again, showing you are considering all.
  6. Book her into a local English school.  No more than 30 days in a 90 day period.  Shows she is keen to assimilate.
  7. Stress, stress and stress again that her purpose here is to learn more about australian society, meet you family and friends, and spend time with you to further your relationship.
  8. You need to provide, as always, a letter of support.  You need to include all your details (address, passport, Drivers licence, tax file number) so they know you are legite.  Explain where she will live (Address), explain the social events and trips you have planned.

Remember this....  If she/you apply for a PMV while she is onshore, and she does not have a Condition 8503, she will get an INDEFINTE bridging visa to stay while they process your PMV.

 

So they key questions DIBP will be asking are;

  1. Will she work while here
  2. What compelling reason does she have to return home when the visa is expired
  3. Can He (you) support her when she is here (she can not work in anyway)  You need to have a real job, paying taxes and be of 'Good Standing'.  Self employed people will have to show a real company with real audited books.
  4. Can she support herself without you (ie you break up the week after she arrives, .. it happens..)
  5. Does his(you) family support this situation, are there clear offers of support.  When it all turns to shot, knowing that you and her can fall back on your family here is invaluable.

Onshore extension are usually down to one factor..... How will the applicant support themselves in Expensive Australia for the period.


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#16 AussieDude

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Posted 29 October 2016 - 02:43 AM

Children with Special Needs

 

I have deliberated on if I should post on this subject, as its highly emotional and very personal to the families involved. I have had several heart wrenching cases sent to me recently.  All avoidable.

 

These cases all involved sponsored or included minors with special needs, being refused a visa. My personal opinion is that this is a shameful act, and as an Australian, I am embarrassed that our Government has such a policy.  The upshot is that Australia does not want immigrants that will place an unacceptable burden on public infrastructure and services.  In a case when the applicant is an applicant and has stage 3 Cancer or TB I understand, its a cruel and hard line but, without this, our public medicare and health system is open to abuse.

 

But these are kids.... FFS.

 

If you are applying for a any form of migration or long stay visa, and you are bringing your kiddies, that have special needs, consider your options.  What you, I or DIBP consider a special need is very subjective.  Personally, I feel no child has special needs, just the care, support and love of their parents. So I would always tick no.

 

If Immi, at any stage decide that child may have special needs, let them prove it.  Dont open pandoras box.

 

If at a later stage, when the child is a resident, and the parents feel they need to access special public health or developmental services to assist their child obtaining his/her full potential, then that is their decision.

 

Aside, Australia considers Infant Autism to be a crippling burden on society.  Most other countries see it as serious as stuttering.  Get my drift?




#17 AussieDude

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Posted 29 October 2016 - 04:29 AM

Beating me up, or sending me 23 messages asking why Immi in India is not responding does not help me, you or anyone.

 

I do not work for Immi, nor do I set Government Policy.

 

I understand its a huge stress for you, so when I say, be patient.. 23 times.  be patient.

 

A hallmark of Australian society is that no one is above anyone else.  The Prime Minister pays taxes and is accountable to the law.  No one is special, no one is a VIP.  So stop demanding to be treated as a VIP because your dad is a Doctor. Or you have a Ph.D




#18 AussieDude

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Posted 04 November 2016 - 05:25 PM

If your Immigration Agent is not MARA Registered then find another who is.  It a'int worth the grief.  You spouses mother's friend in the Market is unlikely to be Accredited, despite all their 'successes'.

 

An agent is ESSENTIAL when you are appealing, have a complex case, or there are issues with your character, past offences or complex relationships.

 

Check them at https://www.mara.gov...gration-agents/

 

For the record, I am NOT a MARA Agent, and have no affiliation or connection, they just do a great job.




#19 AussieDude

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Posted 05 November 2016 - 03:20 AM

So, working on a VV is not allowed. Any form of work. Paid or unpaid, for money or food/gifts.

 

Work is work.  No exceptions. Casual, busking, favour for a friend that results in some form of reward. (ie the chap that had his meal and accommodation paid for taking photos at a mates wedding)

 

Voluntary Work is covered by a Volunteers Visa.  To be a volunteer you must be engaged or work for a registered charity or social services provider.

 

One does not volunteer in a cafe.




#20 AussieDude

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Posted 19 November 2016 - 07:25 AM

This weeks insight.....   Condition 8503 'No Further Stay'

 

For me, this visa condition is very self-explanatory, but I appreciate that a lot of people, from different cultures do not realise the significance of this condition.  There is a whimsical saying, Rules in Asia are more of a 'recommended path, or suggestion'.  Whereas in Australia, its the opposite, we take rules very very seriously (too seriously).

 

When applied to a visa, Condition 8503 stipulates that regardless of personal circumstance, true love and honest intention, the visa holder CAN NOT stay beyond the allotted time granted, or extend the visa through any path. Moreover, it excludes the visa holder for applying for any form of extension or alternative visa, that will grant an extended stay beyond the original visa.  In simple terms, if your visa has a 8503, nothing, no-one, never can extend that visa or grant a new one.

 

Before I get flamed, there are some SPECIAL exceptions. 1) You need a relatively short 2-10 day extension because of ill health preventing you from travelling, 2) you have applied for a protection or asylum visa 3) you arrested and in custody.

 

The most common situation I see is this.  Man (Aussie or PR) want to bring G/F to Aussie to live.  Man brings G/F over on a VV, thinking they can apply onshore for a PMV.  G/F has 8503, so she cant apply onshore, as...  an onshore PMV usually grants a indefinite bridging visa until decision.  That is extends the current visa.  8503 will prevent that.

 

The application of condition 8503 is becoming more and more common, especially to applicants from countries with a high rate of over stay.  DIBP's thinking is this, clamp the visa at 90 days, apply a 8503, see how they go, get the applicant to show good character by leaving on time.

 

A last word, no act of god, or pumped up immigration agent can get a 8503 removed. in 20 years in the game, I have seen it successfully appealed and removed 3 times.  Dont waste your time appealing.  Do the initial visa, leave, and then return on a new visa.  Less than 50% of second time VV's have 8503 applied.








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