Disadvantages of applying your own visa application
June 11, 2017
Scenario
We were recently contacted by a client who lodged a temporary visa application without professional assistance. The brief summary of his situation below highlights the dangers in attempting to manage your own application, as well as the benefits of using a professional consultant. At this time the applicant is still stranded outside Australia.
Background
The visa applicant was applying for on-shore spouse visa, subclass 820/801. At the time of application he was living in Australia with his partner as the holder of a visitor visa. The visa application was lodged in mid-2016. At that time the applicant was granted a bridging visa ‘A’ which has unlimited work rights.
What happened?
Several things unfolded during the course of this application which could have been avoided if the applicant was professionally represented:
1. The applicant did not know that if he wanted to travel outside Australia and have the right of return that he must obtain a bridging visa ‘B’ prior to travelling.
2. The applicant did not know how to properly evidence his case to remove doubt from the case officer’s mind about his relationship history.
3. When the application started to go wrong, he continued to try to manage it himself, not understanding the consequences.
Complications
The applicant departed Australia to return to his home country as the holder of a bridging visa ‘A’, intending to return weeks later. Because he did not apply for a bridging visa ‘B’ before he left Australia he had no right of return – he couldn’t come back to Australia.
The applicant then applied for a visitor visa in an attempt to return to Australia. The application was refused. The case officer assessing the application had questions about some of the documents supplied in the application, believing them to be false. The applicant was provided an opportunity to respond, which he did. However, not understanding the seriousness of the case officer’s concerns and the impact it would have on his spouse visa application his response was inadequate.
The visa was then refused using ‘fraud’ criterion (Public Interest Criteria 4020). Because of this the applicant faced a three year ban from Australia.
Benefits for using an experienced Registered Migration Agent
If he engaged a Registered Migration Agent, he could have avoided all the complications I stated above. Australian migration law is extremely complex and difficult for someone who is not trained to analyse their own visa application and interpret the migration law requirements. Visa applicants usually end up submitting documents that does not meet the Immigration requirements.
Once he engage the service of an experienced Registered Migration Agent, any possible issues will be identified early. An experienced Registered Migration Agent will ensure that the documents he needs for his spouse visa application are of a standard that meets the DIBP requirements. Specific policies will be submitted to Immigration to support the grant of his spouse visa. This will save him time, effort and money since most visa application fee are non-refundable. Therefore, it is highly recommended that you use the services of an experienced Registered Migration Agent.
