A visa application process is not always smooth and easy - the processing time may be extended, there is a lot of paperwork involved, it requires heavy financial investment and can be straining sometimes. However, the joy and relief one experiences upon obtaining their visa is unparalleled. 

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The Department of Immigration and Border Protection receives innumerable visa applications annually. While many applications are accepted, a very large number of applications are rejected as well. While certain visas are refused due to fraud or ineligibility, many are rejected due to silly mistakes, inconsistencies and avoidable errors in the application. With a plethora of information available online, the application process often seems like a cakewalk. However, the nitty-gritty in the process may result in complications. 

Here are certain practices applicants can adopt to ensure that not only does their application process go smoothly, but they also obtain their visa. 

Having Proof 

A large part of the visa application process will revolve around submitting proof of every detail an applicant has given to the Department of Home Affairs (DHA). In other words, everything they claim has to be backed up with proof for verification purposes. Providing proof can apply to various facets of the visa application.  

Education

• Certificates
• Transcripts
• Mark sheets
• Accreditation from Australian bodies such as CPA, ACS etc

Work

• Payslips 
• Bank statements 
• Employment letters 
• Promotion letters (if applicable)

Relationship 

• Marriage certificate
• Birth certificate (parent/sibling/child) 
• Valid passport 
• Joint house bills (de facto partners) 
• Pictures proving the relationship  

Other documents (required as per demand) 

• Tax returns 
• Affidavits 
• Sponsorship letter 
• Police clearance certificate
• Medical certificate 
• Health insurance 
• English proficiency test result 

It is always recommended to get such important documents certified by relevant authorities in order to demonstrate authenticity. It will also make it easier for the DHA to verify the applicant’s details. 

Honesty 

This is a simple yet often overlooked aspect of visa application processes. Disclosing information often works in the applicant’s favour. If they are hiding some vital information which is late uncovered by the DHA, there may be chances of a ban issued on the applicant, preventing them from applying for Australian visas in the future. 

It is also important to note that all claims and information should be backed up by some form of evidence. Even if it is pertaining to a change of residential address, the DHA must be informed with the relevant information and evidence. 

Visa rejections and bans can be appealed for with the AAT but it is often extremely hard to change such decisions. Moreover, such events are added to an applicant’s permanent record, which may cause difficulties during jobhunting or house hunting. 

Many applicants have previously attempted to submit fraudulent documents to the DHA. Applicants must know that the DHA has a dedicated team in place to comb through and find any abnormalities in visa applications. It is highly recommended to submit credible documents throughout the visa application process. 

Accuracy 

The accuracy of details in an application will impact the visa process duration. The easier it is for a case officer to verify details, the faster the application is processed. While inaccuracies in a visa application may not always result in refusal, the applicant will be called out and instructed to rectify the inaccurate information. It may also cause the case officer to ask for extra evidence to prove other claims the applicant makes, making the process lengthy and time-consuming. 

Organisation 

This will make an applicant’s application (and your life) slightly easier. Presenting the necessary documents for the application coherently can significantly impact one’s visa application. For example, if certain documents require translation and are translated, certified and chronologically presented, it will make the process easier for both the case officer and the applicant. 

Applicants can create a separate folder for the final documents that are to be submitted. Numbering and cross-checking them before submission can be very helpful. 

Deadlines 

One of the most important things to look out for during the visa application process is the deadline. As the DHA is very strict with the specific dates throughout the process, missing out by even a day can jeopardize the entire application. The same goes for expiration dates, pertaining to things like medical tests. 

Applicants must keep track of the deadlines and expiration dates so that they submit their documents on time, if not earlier. 

Documentation Checklist 

No matter the visa, the documentation checklist is always extensive. It may seem slightly intimidating in the beginning, but once applicants understand the process, it will be much easier to navigate through. 

The DHA website offers a detailed document checklist for each visa category and can be used as a reference by applicants. Along with that, double-checking the checklist with an immigration lawyer will ensure that there is no mishap at the eleventh hour. 

Certain documentation requirements will have very specific expiry dates (e.g. English proficiency test results). If applicants submit expired documents, their visas may be refused. It is important to keep an eye on this requirement as well, 

Applying for the Right Visa 

This may seem like a very obvious piece of advice, but it is important as many applicants often apply for a different visa stream, and lose a lot of time, effort and money in that process. Visa categories like the 485 Visa have multiple streams for highly specific skills and sets of people. 

Similarly, some visas allow you to be onshore (in Australia) while they’re being processed and others have specific conditions where the applicant needs to be offshore at the time of lodgement or till the visa gets approved. In such cases, if the applicant is mistakenly onshore (when they’re required to be offshore), the status of the applicant will be “unlawful” and this will remain on their record. 

Instead of taking the risk and applying for the wrong visa category, applicants must conduct thorough research and also take professional legal advice before beginning their visa application process. 

Working with a MARA-Registered Migration Agent 

Migration lawyers/agents in Australia are required to be registered under the Migration Agents Registration Authority (MARA). Under Australian law, only MARA-registered lawyers are legally allowed to provide advice on migration-related matters. Although this is not a requirement, the Department of Immigration suggests that working with a MARA-registered agent can make the whole process a lot simpler and faster.

By law, they are required to follow a strict code of conduct, provide the latest immigration information and assist applicants at every stage of application. They will also be acting as the applicant’s legal representative. This also means that they will bear accountability for the applicant’s visa process and its outcome. 

Applicants can check if an immigration lawyer is MARA-registered and also check online for reviews to know if the lawyer is reliable.

Declarations

Applicants should make it a point to declare anything out of the ordinary such as a change of name, citizenship of another country, old passport and especially in your medical or character requirement. Such details might surface later and make it look like they hid it on purpose. Even if this is not the case, the department reserves the right to assume so. 

Permanent residency in Australia does not get revoked, but the only 2 exceptions are if an applicant provided fraudulent documents or lied at the time of application (this includes the unintentionally wrong provision of information as well), or if they are involved in a terrorist activity.Hence it's essential to be 100% honest, accurate and transparent.

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.

Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.

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