Partner Visa 300/309/100 Offshore Waiting Room
Welcome future Australians!
The previous waiting room threads for partner visa are missing so here is the new one.
We'll begin with info to bust some common myths and folklores on partner visa processing:
SBS Radio Interview: Inside the Mind of a Former-Immigration Case Officer (Part I)
Kim Anh: When considering the visa application, what factors does the Department of Home Affairs consider? (Common and basic elements)?
Tony: The 1st factor that the case officer will typically consider is the application's profile. These include passport, the type of visas, occupation, field of study and, if they are applying for a partner visa, the main factor will be the relationship. This is because this information is easy for visa processing officers to assess. This helps gives them make an overall assessment of whether or not your application is likely to be approved or rejected.
The 2nd factor would have to be based on the documents which have been provided, how genuine does the application look/is it likely to be a strong application? The officer can make this assessment in a very short time.
They may also look at other factors like: Whether the migration agent has a history of lodging fraudulent applications, whether the application will comply with immigration laws...For example, if an applicant applies for a Student Visa, the case officer will consider if he or she genuinely wants to study or if they just want to work. If they only want to work, they need to apply for a different visa type.
Kim Anh: Since you used to work for the Department of Immigration, can you please let us know the procedure and steps for document review?
Tony: I'd like to first paint a picture of a case officer's daily work.
Case officers work in Departments specializing in one visa type at a time. At the start of the day, the manager would assign them a number of cases to the visa processing officers. These cases only belong to a specific type of visa such as student visa, working visa. The number of cases that are assigned is based on a daily working target. Usually the manager will assign to the officer about 20-25 applications. The department dealing with Student Visa would usually need to process 20-25 applications within a day.
After receiving the assigned cases, the visa processing officer would open the system to display the client’s profile. They would first look at the name, age, country of passport, and especially visa history of the applicant.
This part is really important as the officer always look at your visa history first.
If the applicant has many previous visa refusals, this will immediately affect the opinion of the case officer and create prejudice. On the screen, it would display all the types of visas which had been applied for and which applications were granted and which application were refused.
Then, they would open up your current application. Before the visa processing officer looks at the current application, they would already have an overall idea about the applicant based on the previous step. Then, case officers would look at either the form or the documents first – this depends on the individiual case officer.
As for myself, I used to look at the provided documents first because I found that the documents would be more precise than the application itself, which has only basic information. When looking at the documents, I could guage the applicant's intention and get an impression of whether this is a strong application or not. I would then decide what to do with this application. If this was a strong application, I would usually approve it. If it was a weak application, I'd need to then find the document that supports the reason for the refusal.
After visa processing officer get an idea of what the application is about, then they'll focus on the details. They have a checklist of key criteria against which the application will be assessed. For example: 'Is the passport within the expiry date?' or 'Is the applicant currently enrolled in a course?'. They'll then check the details to see if you meet all specific requirements.
This applies usually for visa types which have many criteria that are black and white. However, for certain visa types, the criteria is more vague with more discretionary requirements, especially for partner visas for example. In these cases, it will depend on the "feeling" of the case officer to see if you meet the specific requirements. So this means they judge an application based on the impression given off by the documents. This way is more difficult. Let’s say with the age criterion, if the requirement is for the applicantto be is under 45 years old, then the applicant clearly knows if they meet the requirement or not. However, with the genuine relationship criterion, how can you know whether the relationship is genuine? It depends on the judgement of the individual officer. If the visa type belongs to the category with less specific criteria, the case officer would need to go through all documents and make the decision of whether to granting or rejecting the visa application.
If the decision is to grant, it is easy. They just need to press the button and the visa is automatically printed out and updated in the migration system. If it is to refuse, they are required to write a letter indicating the reasons for which they are refusing this visa.
Kim Anh: So you are saying that on a daily basis, case officers will be assigned 20-25 visa applications?
Tony: It depend on the visa type. For example, for Student visas, the number of cases assigned might be around 20-25. Whereas if it was for Partner visas, it might only be 3-4 cases.
Kim Anh: So how long will it take an officer to decide for a visa application?
Tony: Within 1 day. If the manager assigned the cases to you for that day, you'd have to complete them all on that day.
Kim Anh: I know that there are many types of visas with different visa processing times. For example, a parent visa application can take 3-4 years to process. But you you say that the officer takes only 1 day to approve them?
Tony: We have to wait for a long time because of the high number of applications in the system and the quota set by the Australian government.
Kim Anh: What are the three biggest psychological factors that affect the immigration process?
Tony: Firstly, as we discussed earlier, the time for processing a visa application is actually very short.
Case officers can form an overall idea of the case in less than a minute.
This is important for them because they have strict targets, e.g. processing 20 applications within 1 day, which means they may not have the luxury to form an opinion only after looking at all the documents. This means they judge an application based on the "feelings" given off by the documents, particularly for visa types that rely heavily on discretionary criteria like Partner visas.
If the officer feels that this is a strong application, with a strong profile and good circumstances, then the officer may not look into details as much and would only do a high-level assessment to see if the applicant meets all the requirements, and then would grant the visa. This way, they will have more time to spend on other applications. In contrast, if they feel that it is a weak application, then, psychologically knowing that they don't have enough time to comb through the application, they would have to arrive at a quick conclusion about the application.
The second pyschological factor is that, in some cases, if a certain condition exists in an application which makes the application appear weak or not genuine, the officer would automatically flag that application and change the way they process that application.
They will check the application carefully and cautiously to find if there is strong reason to refuse this application.
Thirdly, it is how the documents are organized. If all documents required have been provided, it makes it easier for them to grant. Providing thorough documentation is a good way to encourage the officer to grant because they just need to click one button, whereas they would have to write up a whole letter to explain the reason for refusal decision if they want to refuse the application. Therefore, as long as they have sufficient reasons to grant the visa, they would typically rather grant the visa than refuse it.
Unfortunately, in some cases, the case officers like to refuse the application as they want to feel more powerful over the applicant. It is unfortunate that we have to come across these types of case officers.
Kim Anh: Can you please explain the difference between strong and weak application?
Tony: The case officers are looking for different types of documents depending on the type of visa application.
A strong application is one that is close to the standard, as it will be similar to other applications that the case officer has previously granted.
For example, for partner visas, there are certain documents that are considered to be standard, such as lease agreements. If the couple lives at their parents' homes, it is more difficult to prove that they live together. Whereas, if they rent together themselves, they will have a joint lease agreement. This way, because they can provide another independent third party signed document to prove they live together, the application will be stronger. It doesn't mean that just because you live with parents your application will be not successful, but it does makes your application weaker versus what the case officer is looking for.
Next week we'll share the translations for part 2 of Tony's interview where he answers questions from the audience, some of which could be the exact questions you have!
SBS Radio Interview: Inside the Mind of a Former-Immigration Case Officer (Part II)
Kim Anh: We have some questions from the viewers. Lanh Huynh: My parents had previously applied for a visitor visa and were refused entry. Now, they are applying for the visitor visa again. However, it has been 5 weeks since the submission. Will it likely be refused again?
Tony: It’s hard to say without knowing the applicant’s circumstance and profile in depth. For visitor visa applications though, the most important factor is the incentive to go back to Vietnam. There are 3 main criteria: 1) the reason for visiting, 2) strong evidence of financial capacity and 3) the incentive to return to Vietnam. For example, if the applicant is unemployed or they don't have any remaining relatives in Vietnam, this would make the application riskier.
Kim Anh: In the audience's case, his parent had been refused the visitor visa. Can they receive the reason for refusal?
Tony: (Other than what is stated on the refusal letter) 80-90% of the time, the reason for refusal is not having enough incentive to return to Vietnam.
Kim Anh: As Tony mentioned, the officer will be able to see the visa history when they process the applications. However, it has been 5 weeks since the application was submitted. Do you think there is a high chance that this application will be rejected?
Tony: I think a five-week wait is not that long. For Vietnam, a processing time of 3-5 weeks for visitor visas is normal. In this case, it does not necessarily mean that the application will be rejected.
Kim Anh: If it has been longer than 5 weeks?
Tony: It depends. From my experience, if the case officer has already decided to refuse your application, they will not delay the refusal. If they intend to refuse, they will do so within the day or, at the latest, a week. In the audience's case, I believe that because your application has been refused many times, the manager might consider it a complex case and assign it to another person. This would prolong the processing time. In this situation, I would recommend providing more documents to prove that you have reason to return to Vietnam.
Kim Anh: How can you do that if you already submitted your application? Can you provide additional documents after lodging your application?
Yes, you can provide further documents after applying. If the applicants provide additional information, the Department of Immigration is obliged to consider all the provided information.
Kim Anh: Question from Trong San. He says he wants to apply for a 482 visa as a butcher. Will it be okay to submit and how long would you estimate the processing time to be?
The processing time for 482 visas are now faster than 457 visas, so it might only take a month to grant the visa.
Now, whether or not the occupation can be sponsored also depends on the business. The most important criterion that makes or breaks a 482 visa is having a genuine position. The business owner needs to prove that they have a demand for that occupation. For example, restaurants that want to sponsor cooks can successfully have a visa approved quite easily. Whereas, if a restaurant wanted to sponsor a marketing specialist instead, it would be harder for them to prove that the role is necessary. In your situation, you must consider whether a butcher is necessary for your business to operate. Of course, there are also other requirements involved with this visa type. As for myself, as a case officer, if I opened the application and saw that a butcher shop is sponsoring a butcher, then I would likely not see an issue, as far as occupation goes.
Kim Anh: Question from Xi Muoi Nguyen. Her aunt applied for a visitor visa twice and was refused because she declared different occupations in each application and was unable to provide enough financial capacity. She declared her job as a housemaid and as a small business owner in two applications.
Tony: Yes, I understand that is it difficult to prove your income as a small business in Vietnam. The evidence of income is very important because if the business earns a significant income, they will have stronger incentives to return. However, if the business has a small income, the officer might assume that the applicant might be willing to abandon the business and remain in Australia. For example, you cannot simply provide a profit and loss statement, you must also provide invoices etc.
Kim Anh: So in this third time applying for the visa, which occupation should she declare? If she only works for a small business, it might be difficult for her to provide the documents.
Tony: Yeah, I do think it is a challenge for us Vietnamese. Jobs with a fixed income is better than owning a small business. For high-risk applications, the Department of Immigration may be very strict when it comes to evaluating the visa. For example, depending on the circumstances, for applicants with a small business, with no fixed income, with no dependents to take care of in Vietnam, I believe that the application will not be successful no matter how many times it is applied for. Although the applicant might have a genuine intention to visit Australia only temporarily, it is difficult for them to satisfy the requirements for a Visitor visa.
In your situation, my suggestion is that in your new application, you can explain why the reason for the previous visa refusals is not correct and that the circumstances have changed. Otherwise, the second method is that if the applicant has any close family unit members, she can ask them to sponsor the her under 600 Visa (sponsored family stream) and pay the fee. If you use this method, on one hand, the duration that you can stay in Australia might be shorter and more expensive as you have to make a payment. On the other hand, this method allows you to have the chance to visit Australia and thus improve your visa history in order to apply for a Visitor Visa in the future.
Kim Anh: So you should apply for another visa type, then re-apply for Visitor Visa. Questions from Lanh Huynh. What should I do now?
Tony: You can contact the Department of Immigration via Global Feedback Unit and enquire about your application. It is compulsory for the Department to respond to you. If the case takes longer, you will soon get results. However, I recommend that you should only contact them if the application has been in review for more than 6-7 weeks. Otherwise, if you contact them too early, they will just advise that your application is within the processing time.
Kim Anh: Question from Cau Ba. He wants to apply for Partner Visa in Australia but he does not have an official visa, only a Bridging Visa. He understands that he will need to have special reasons so that he can be eligible to apply for a Partner Visa in Australia. Which are the reasons that are allowed for visa submission? And should we have the documents at the time of submission or after?
Tony: You will need to provide all the documents at the time of lodging the application.
From my experience, it is quite difficult to satisfy those reasons. For example, if the applicant has a new-born child who will be an Australian citizen, the Department might allow them to submit their application in Australia because if one of the parents is leaving Australia, this will have a negative impact on the child. Alternatively, it might be allowed if the applicant has a health problem that might prevent him/her from returning to his/her country. In your case, you should consult with your migration agent to see if there is a specific solution for your circumstances. Otherwise, it’s better if you apply for the Partner Visa offshore.
Kim Anh: In the waiting time for their 143 Parent Visa, his parents traveled to Australia (on a visitor visa). Will this have any impact on the 143 visa processing time?
Tony: No, the 143 visa is separate from the Visitor Visa. I don’t really remember the exact processing time currently, but it should be around 3.5 - 4 years. If you want to know, you can send the email to the visa processing department and receive an automated-response email. In this email, you will be able to see the date of processing. You can also view the processing times on the Department of Immigration website.
Kim Anh: Common reasons why an applicant is refused an Australian visa?
Tony: It depends on the types of visa and also on the processing officer.
With the visa types that have specific requirements that the applicants can all satisfy, it will be easy to get granted. However, with visa types that have discretionary requirements, it depends on the processing officers.
For example, when applying for the Student Visa, there is one requirement called GTE – Genuine Temporary Entrance, in which the applicant must prove that they intend to come to Australia temporarily for study-purposes. In most cases where the student applicants get refused for the Student Visa, they are unable to explain why the course in Australia is valuable to them. They mention that they want to apply for PR or other types of visas, or that they don't have a strong reason for why they want to study their selected course.
For Partner Visas, the common reasons for refusal are if the applicants cannot provide sufficient evidence to prove the genuiness of their relationship. Proving this can be a challenge for applicants, because we often only share our relationship with family members, friends or relatives. In some situations, (I've come across) applicants who are very confident about their genuine relationship, but they don't know how to prove it through documentation. Their applications are unlikely to be successful, especially if they unintentionally provide information that might raise suspicion. For example, if the applicant says that they do not normally take pictures.
I do have some clients who don’t like taking pictures. I usually advise them to take more pictures because lacking photos could lead to an unsuccessful application.
Kim Anh: Question from Anthony Tran: For Visa 189, 190, do case officers contact previous employers for investigation? If yes, will they contact them directly or they will contact via the Vietnam Embassy in Vietnam?
Tony: The answer is no. Generally, you need to complete a skills assessment before you apply for the visa. The case officers will base their decisions around your 189/189 application on the result of your skill assessments, and other documents of course. This comes back to the previous point, the case officer will decide if they have a reason to make a call based on the feeling that they get about the application, whether it is strong and genuine. In contrast, if they feel like this application is not strong or if they flag a specific unofficial document, they will make a call. Therefore, it comes down to the way that you provide the documents.
By the way, the audience also asked who will make the call. Usually, the case officers will go through the Vietnam Embassy to contact the employers. In some cases, the case officers will investigate in Australia by using interpreters. However, they prefer working with the Vietnam Embassy because it is easier; they know Vietnamese and are knowledgeable about the visa requirements.
Kim Anh: In case the visa is denied, what should the applicant do?
Tony: It depends on the visa types and the reasons for your refusal.
If you are refused a visa due to the discretion of the case officers, you can always go to the AAT to challenge the decision. They will have a separate department to process your application in a similar manner to the first time. However, this time they will not process your application based on feeling, they will base the application on Immigration laws and policies. This could be more advantageous for the applicant. However, if the requirement is a straightforward one such as a being below a certain level of income, you might be refused for the second time.
On the other hand, since the cost of the AAT is expensive and takes more time, you might find that resubmitting your application is a better way as it takes less time and money. Also, you definitely should seek professional advice for this. Since professionals probably have worked on many applications, they will know whether your application will be more likely to succeed if you choose to resubmit or go to AAT.
Kim Anh: Question from Cau Ba. He applied for the 820 Partner Visa, he has been separated from his wife for 8 years but he has not divorced yet. He can prove that he has been living with his current partner for 12 months in a de facto relationship.
Tony: Based on this information, I think it could be possible. You don't need to have the divorce be finalized as long as you have been separated for a long time and there is no connection with your previous spouse. You don’t need to get married either in the case ofthe 820 visa.
Kim Anh: KA: Question from Misa Pham. As for Visa 189, Core ICT units belong to occupations on the long-term list, is she eligible to apply for a PR?
Tony: I think that she is referring to the skill assessment. If you want to get the skill assessment as an ICT business analyst, ACS has a list of subjects that are required in your study and lists what percentages you get according to their list. If your qualification meets their requirements, you will be able to get the skill assessment. Once you get the skill assessment, you will be able to apply for PR. However, getting a PR also depends on other factors besides the skill assessment. You have to take into consideration whether you can earn enough points. You will need at least 95 points for PR with IT occupations now.
Kim Anh: Question from Nguyen Vy asking about the Visitor visa. Her sister's family is staying in Australia on a Visitor visa. Now the husband wants to stay in Australia and study. Will he be able to transfer to a student visa and include his wife and children in his application?
Tony: It depends on the Visitor visa that they have. If there is a condition called "No further stay - 8503" preventing the applicant from applying for another visa, then they cannot. Otherwise, if there are no such conditions, then he will be able to apply for a student visa.
You have to also consider whether or not he is eligible to apply for a student visa. As I mentioned earlier, it depends on the feeling of the case officers to see what the applicant has done overseas, why he wants to study in Australia, and if the course will be valuable for him. If these factors can persuade the case officer, only then should you go for it. If the application is not strong enough, you should find a way to make it stronger. Otherwise, you should not apply for the student visa. Especially considering, a student visa needs to proof of Genuine Temporary Entrant, which could be hard for the applicant to persuade the case officer of.
Kim Anh: So you mention “No further stay - 8503”, if there is a condition like that, it means that there is no chance for the applicant?
Tony: (It's not easy, but) there is still a way. You can ask for a special consideration to remove this condition, for special reasons such as you needing to stay back to take care of someone else etc. This reason has to occur after you were granted the visa.
Kim Anh: Question from Trong Sang. Instead of applying for Visa 482 as a Butcher, now he wants to apply as a Slaughterer. How long will it take at the moment?
Tony: The processing time is still the same regardless of the occupation.
Kim Anh: Due to time limitations, I would like to end the Livestream here. In the coming February, Tony will come back in the next Livestream – Luat Di Tru and focus more on Partner Visas. Can you please give an overview of the topic of the next Livestream?
Tony: I will discuss when you should and when you should not apply for Partner visas. There are many streams for Partner visas, such as applying from overseas or from Australia. I will explain how you should choose the correct Partner visa stream. Then I will discuss the main requirements for this visa and how to provide the documents so that we can meet those requirements. This type of visa depends heavily on the discretion of the case officers. Therefore, I will talk about how the case officer will assess the application in Australia and explain how we can meet these requirements.
Kim Anh: So it means that you will provide the information based on your experience both as a case officer and as a migration agent?
Tony: Yes, of course!
Kim Anh: Thank you for your time.
Welcome future Australians!
The previous waiting room threads for partner visa are missing so here is the new one.
We'll begin with info to bust some common myths and folklores on partner visa processing:
SBS Radio Interview: Inside the Mind of a Former-Immigration Case Officer (Part I)
Last Thursday, our principal migration agent had the honour of being invited onto SBS Vietnamese Radio. A former-case officer himself, Tony shared rare insight into how Immigration case officers process visa applications. The interview has since gained more than 11k views and we don't want our...
www.skylarkmigration.com.au
SBS Radio Interview: Inside the Mind of a Former-Immigration Case Officer (Part I)
Kim Anh: When considering the visa application, what factors does the Department of Home Affairs consider? (Common and basic elements)?
Tony: The 1st factor that the case officer will typically consider is the application's profile. These include passport, the type of visas, occupation, field of study and, if they are applying for a partner visa, the main factor will be the relationship. This is because this information is easy for visa processing officers to assess. This helps gives them make an overall assessment of whether or not your application is likely to be approved or rejected.
The 2nd factor would have to be based on the documents which have been provided, how genuine does the application look/is it likely to be a strong application? The officer can make this assessment in a very short time.
They may also look at other factors like: Whether the migration agent has a history of lodging fraudulent applications, whether the application will comply with immigration laws...For example, if an applicant applies for a Student Visa, the case officer will consider if he or she genuinely wants to study or if they just want to work. If they only want to work, they need to apply for a different visa type.
Kim Anh: Since you used to work for the Department of Immigration, can you please let us know the procedure and steps for document review?
Tony: I'd like to first paint a picture of a case officer's daily work.
Case officers work in Departments specializing in one visa type at a time. At the start of the day, the manager would assign them a number of cases to the visa processing officers. These cases only belong to a specific type of visa such as student visa, working visa. The number of cases that are assigned is based on a daily working target. Usually the manager will assign to the officer about 20-25 applications. The department dealing with Student Visa would usually need to process 20-25 applications within a day.
After receiving the assigned cases, the visa processing officer would open the system to display the client’s profile. They would first look at the name, age, country of passport, and especially visa history of the applicant.
This part is really important as the officer always look at your visa history first.
If the applicant has many previous visa refusals, this will immediately affect the opinion of the case officer and create prejudice. On the screen, it would display all the types of visas which had been applied for and which applications were granted and which application were refused.
Then, they would open up your current application. Before the visa processing officer looks at the current application, they would already have an overall idea about the applicant based on the previous step. Then, case officers would look at either the form or the documents first – this depends on the individiual case officer.
As for myself, I used to look at the provided documents first because I found that the documents would be more precise than the application itself, which has only basic information. When looking at the documents, I could guage the applicant's intention and get an impression of whether this is a strong application or not. I would then decide what to do with this application. If this was a strong application, I would usually approve it. If it was a weak application, I'd need to then find the document that supports the reason for the refusal.
After visa processing officer get an idea of what the application is about, then they'll focus on the details. They have a checklist of key criteria against which the application will be assessed. For example: 'Is the passport within the expiry date?' or 'Is the applicant currently enrolled in a course?'. They'll then check the details to see if you meet all specific requirements.
This applies usually for visa types which have many criteria that are black and white. However, for certain visa types, the criteria is more vague with more discretionary requirements, especially for partner visas for example. In these cases, it will depend on the "feeling" of the case officer to see if you meet the specific requirements. So this means they judge an application based on the impression given off by the documents. This way is more difficult. Let’s say with the age criterion, if the requirement is for the applicantto be is under 45 years old, then the applicant clearly knows if they meet the requirement or not. However, with the genuine relationship criterion, how can you know whether the relationship is genuine? It depends on the judgement of the individual officer. If the visa type belongs to the category with less specific criteria, the case officer would need to go through all documents and make the decision of whether to granting or rejecting the visa application.
If the decision is to grant, it is easy. They just need to press the button and the visa is automatically printed out and updated in the migration system. If it is to refuse, they are required to write a letter indicating the reasons for which they are refusing this visa.
Kim Anh: So you are saying that on a daily basis, case officers will be assigned 20-25 visa applications?
Tony: It depend on the visa type. For example, for Student visas, the number of cases assigned might be around 20-25. Whereas if it was for Partner visas, it might only be 3-4 cases.
Kim Anh: So how long will it take an officer to decide for a visa application?
Tony: Within 1 day. If the manager assigned the cases to you for that day, you'd have to complete them all on that day.
Kim Anh: I know that there are many types of visas with different visa processing times. For example, a parent visa application can take 3-4 years to process. But you you say that the officer takes only 1 day to approve them?
Tony: We have to wait for a long time because of the high number of applications in the system and the quota set by the Australian government.
Kim Anh: What are the three biggest psychological factors that affect the immigration process?
Tony: Firstly, as we discussed earlier, the time for processing a visa application is actually very short.
Case officers can form an overall idea of the case in less than a minute.
This is important for them because they have strict targets, e.g. processing 20 applications within 1 day, which means they may not have the luxury to form an opinion only after looking at all the documents. This means they judge an application based on the "feelings" given off by the documents, particularly for visa types that rely heavily on discretionary criteria like Partner visas.
If the officer feels that this is a strong application, with a strong profile and good circumstances, then the officer may not look into details as much and would only do a high-level assessment to see if the applicant meets all the requirements, and then would grant the visa. This way, they will have more time to spend on other applications. In contrast, if they feel that it is a weak application, then, psychologically knowing that they don't have enough time to comb through the application, they would have to arrive at a quick conclusion about the application.
The second pyschological factor is that, in some cases, if a certain condition exists in an application which makes the application appear weak or not genuine, the officer would automatically flag that application and change the way they process that application.
They will check the application carefully and cautiously to find if there is strong reason to refuse this application.
Thirdly, it is how the documents are organized. If all documents required have been provided, it makes it easier for them to grant. Providing thorough documentation is a good way to encourage the officer to grant because they just need to click one button, whereas they would have to write up a whole letter to explain the reason for refusal decision if they want to refuse the application. Therefore, as long as they have sufficient reasons to grant the visa, they would typically rather grant the visa than refuse it.
Unfortunately, in some cases, the case officers like to refuse the application as they want to feel more powerful over the applicant. It is unfortunate that we have to come across these types of case officers.
Kim Anh: Can you please explain the difference between strong and weak application?
Tony: The case officers are looking for different types of documents depending on the type of visa application.
A strong application is one that is close to the standard, as it will be similar to other applications that the case officer has previously granted.
For example, for partner visas, there are certain documents that are considered to be standard, such as lease agreements. If the couple lives at their parents' homes, it is more difficult to prove that they live together. Whereas, if they rent together themselves, they will have a joint lease agreement. This way, because they can provide another independent third party signed document to prove they live together, the application will be stronger. It doesn't mean that just because you live with parents your application will be not successful, but it does makes your application weaker versus what the case officer is looking for.
Next week we'll share the translations for part 2 of Tony's interview where he answers questions from the audience, some of which could be the exact questions you have!
SBS Radio Interview: Inside the Mind of a Former-Immigration Case Officer (Part II)
In the second part of our principal migration agent's SBS Vietnamese Radio interview, Tony answered 26 questions from the audience ranging from visitor visa refusals, partner visas, 189 independent skilled visas, parent visas and many more.Being able to put yourself in the visa case officer's...
www.skylarkmigration.com.au
SBS Radio Interview: Inside the Mind of a Former-Immigration Case Officer (Part II)
Kim Anh: We have some questions from the viewers. Lanh Huynh: My parents had previously applied for a visitor visa and were refused entry. Now, they are applying for the visitor visa again. However, it has been 5 weeks since the submission. Will it likely be refused again?
Tony: It’s hard to say without knowing the applicant’s circumstance and profile in depth. For visitor visa applications though, the most important factor is the incentive to go back to Vietnam. There are 3 main criteria: 1) the reason for visiting, 2) strong evidence of financial capacity and 3) the incentive to return to Vietnam. For example, if the applicant is unemployed or they don't have any remaining relatives in Vietnam, this would make the application riskier.
Kim Anh: In the audience's case, his parent had been refused the visitor visa. Can they receive the reason for refusal?
Tony: (Other than what is stated on the refusal letter) 80-90% of the time, the reason for refusal is not having enough incentive to return to Vietnam.
Kim Anh: As Tony mentioned, the officer will be able to see the visa history when they process the applications. However, it has been 5 weeks since the application was submitted. Do you think there is a high chance that this application will be rejected?
Tony: I think a five-week wait is not that long. For Vietnam, a processing time of 3-5 weeks for visitor visas is normal. In this case, it does not necessarily mean that the application will be rejected.
Kim Anh: If it has been longer than 5 weeks?
Tony: It depends. From my experience, if the case officer has already decided to refuse your application, they will not delay the refusal. If they intend to refuse, they will do so within the day or, at the latest, a week. In the audience's case, I believe that because your application has been refused many times, the manager might consider it a complex case and assign it to another person. This would prolong the processing time. In this situation, I would recommend providing more documents to prove that you have reason to return to Vietnam.
Kim Anh: How can you do that if you already submitted your application? Can you provide additional documents after lodging your application?
Yes, you can provide further documents after applying. If the applicants provide additional information, the Department of Immigration is obliged to consider all the provided information.
Kim Anh: Question from Trong San. He says he wants to apply for a 482 visa as a butcher. Will it be okay to submit and how long would you estimate the processing time to be?
The processing time for 482 visas are now faster than 457 visas, so it might only take a month to grant the visa.
Now, whether or not the occupation can be sponsored also depends on the business. The most important criterion that makes or breaks a 482 visa is having a genuine position. The business owner needs to prove that they have a demand for that occupation. For example, restaurants that want to sponsor cooks can successfully have a visa approved quite easily. Whereas, if a restaurant wanted to sponsor a marketing specialist instead, it would be harder for them to prove that the role is necessary. In your situation, you must consider whether a butcher is necessary for your business to operate. Of course, there are also other requirements involved with this visa type. As for myself, as a case officer, if I opened the application and saw that a butcher shop is sponsoring a butcher, then I would likely not see an issue, as far as occupation goes.
Kim Anh: Question from Xi Muoi Nguyen. Her aunt applied for a visitor visa twice and was refused because she declared different occupations in each application and was unable to provide enough financial capacity. She declared her job as a housemaid and as a small business owner in two applications.
Tony: Yes, I understand that is it difficult to prove your income as a small business in Vietnam. The evidence of income is very important because if the business earns a significant income, they will have stronger incentives to return. However, if the business has a small income, the officer might assume that the applicant might be willing to abandon the business and remain in Australia. For example, you cannot simply provide a profit and loss statement, you must also provide invoices etc.
Kim Anh: So in this third time applying for the visa, which occupation should she declare? If she only works for a small business, it might be difficult for her to provide the documents.
Tony: Yeah, I do think it is a challenge for us Vietnamese. Jobs with a fixed income is better than owning a small business. For high-risk applications, the Department of Immigration may be very strict when it comes to evaluating the visa. For example, depending on the circumstances, for applicants with a small business, with no fixed income, with no dependents to take care of in Vietnam, I believe that the application will not be successful no matter how many times it is applied for. Although the applicant might have a genuine intention to visit Australia only temporarily, it is difficult for them to satisfy the requirements for a Visitor visa.
In your situation, my suggestion is that in your new application, you can explain why the reason for the previous visa refusals is not correct and that the circumstances have changed. Otherwise, the second method is that if the applicant has any close family unit members, she can ask them to sponsor the her under 600 Visa (sponsored family stream) and pay the fee. If you use this method, on one hand, the duration that you can stay in Australia might be shorter and more expensive as you have to make a payment. On the other hand, this method allows you to have the chance to visit Australia and thus improve your visa history in order to apply for a Visitor Visa in the future.
Kim Anh: So you should apply for another visa type, then re-apply for Visitor Visa. Questions from Lanh Huynh. What should I do now?
Tony: You can contact the Department of Immigration via Global Feedback Unit and enquire about your application. It is compulsory for the Department to respond to you. If the case takes longer, you will soon get results. However, I recommend that you should only contact them if the application has been in review for more than 6-7 weeks. Otherwise, if you contact them too early, they will just advise that your application is within the processing time.
Kim Anh: Question from Cau Ba. He wants to apply for Partner Visa in Australia but he does not have an official visa, only a Bridging Visa. He understands that he will need to have special reasons so that he can be eligible to apply for a Partner Visa in Australia. Which are the reasons that are allowed for visa submission? And should we have the documents at the time of submission or after?
Tony: You will need to provide all the documents at the time of lodging the application.
From my experience, it is quite difficult to satisfy those reasons. For example, if the applicant has a new-born child who will be an Australian citizen, the Department might allow them to submit their application in Australia because if one of the parents is leaving Australia, this will have a negative impact on the child. Alternatively, it might be allowed if the applicant has a health problem that might prevent him/her from returning to his/her country. In your case, you should consult with your migration agent to see if there is a specific solution for your circumstances. Otherwise, it’s better if you apply for the Partner Visa offshore.
Kim Anh: In the waiting time for their 143 Parent Visa, his parents traveled to Australia (on a visitor visa). Will this have any impact on the 143 visa processing time?
Tony: No, the 143 visa is separate from the Visitor Visa. I don’t really remember the exact processing time currently, but it should be around 3.5 - 4 years. If you want to know, you can send the email to the visa processing department and receive an automated-response email. In this email, you will be able to see the date of processing. You can also view the processing times on the Department of Immigration website.
Kim Anh: Common reasons why an applicant is refused an Australian visa?
Tony: It depends on the types of visa and also on the processing officer.
With the visa types that have specific requirements that the applicants can all satisfy, it will be easy to get granted. However, with visa types that have discretionary requirements, it depends on the processing officers.
For example, when applying for the Student Visa, there is one requirement called GTE – Genuine Temporary Entrance, in which the applicant must prove that they intend to come to Australia temporarily for study-purposes. In most cases where the student applicants get refused for the Student Visa, they are unable to explain why the course in Australia is valuable to them. They mention that they want to apply for PR or other types of visas, or that they don't have a strong reason for why they want to study their selected course.
For Partner Visas, the common reasons for refusal are if the applicants cannot provide sufficient evidence to prove the genuiness of their relationship. Proving this can be a challenge for applicants, because we often only share our relationship with family members, friends or relatives. In some situations, (I've come across) applicants who are very confident about their genuine relationship, but they don't know how to prove it through documentation. Their applications are unlikely to be successful, especially if they unintentionally provide information that might raise suspicion. For example, if the applicant says that they do not normally take pictures.
I do have some clients who don’t like taking pictures. I usually advise them to take more pictures because lacking photos could lead to an unsuccessful application.
Kim Anh: Question from Anthony Tran: For Visa 189, 190, do case officers contact previous employers for investigation? If yes, will they contact them directly or they will contact via the Vietnam Embassy in Vietnam?
Tony: The answer is no. Generally, you need to complete a skills assessment before you apply for the visa. The case officers will base their decisions around your 189/189 application on the result of your skill assessments, and other documents of course. This comes back to the previous point, the case officer will decide if they have a reason to make a call based on the feeling that they get about the application, whether it is strong and genuine. In contrast, if they feel like this application is not strong or if they flag a specific unofficial document, they will make a call. Therefore, it comes down to the way that you provide the documents.
By the way, the audience also asked who will make the call. Usually, the case officers will go through the Vietnam Embassy to contact the employers. In some cases, the case officers will investigate in Australia by using interpreters. However, they prefer working with the Vietnam Embassy because it is easier; they know Vietnamese and are knowledgeable about the visa requirements.
Kim Anh: In case the visa is denied, what should the applicant do?
Tony: It depends on the visa types and the reasons for your refusal.
If you are refused a visa due to the discretion of the case officers, you can always go to the AAT to challenge the decision. They will have a separate department to process your application in a similar manner to the first time. However, this time they will not process your application based on feeling, they will base the application on Immigration laws and policies. This could be more advantageous for the applicant. However, if the requirement is a straightforward one such as a being below a certain level of income, you might be refused for the second time.
On the other hand, since the cost of the AAT is expensive and takes more time, you might find that resubmitting your application is a better way as it takes less time and money. Also, you definitely should seek professional advice for this. Since professionals probably have worked on many applications, they will know whether your application will be more likely to succeed if you choose to resubmit or go to AAT.
Kim Anh: Question from Cau Ba. He applied for the 820 Partner Visa, he has been separated from his wife for 8 years but he has not divorced yet. He can prove that he has been living with his current partner for 12 months in a de facto relationship.
Tony: Based on this information, I think it could be possible. You don't need to have the divorce be finalized as long as you have been separated for a long time and there is no connection with your previous spouse. You don’t need to get married either in the case ofthe 820 visa.
Kim Anh: KA: Question from Misa Pham. As for Visa 189, Core ICT units belong to occupations on the long-term list, is she eligible to apply for a PR?
Tony: I think that she is referring to the skill assessment. If you want to get the skill assessment as an ICT business analyst, ACS has a list of subjects that are required in your study and lists what percentages you get according to their list. If your qualification meets their requirements, you will be able to get the skill assessment. Once you get the skill assessment, you will be able to apply for PR. However, getting a PR also depends on other factors besides the skill assessment. You have to take into consideration whether you can earn enough points. You will need at least 95 points for PR with IT occupations now.
Kim Anh: Question from Nguyen Vy asking about the Visitor visa. Her sister's family is staying in Australia on a Visitor visa. Now the husband wants to stay in Australia and study. Will he be able to transfer to a student visa and include his wife and children in his application?
Tony: It depends on the Visitor visa that they have. If there is a condition called "No further stay - 8503" preventing the applicant from applying for another visa, then they cannot. Otherwise, if there are no such conditions, then he will be able to apply for a student visa.
You have to also consider whether or not he is eligible to apply for a student visa. As I mentioned earlier, it depends on the feeling of the case officers to see what the applicant has done overseas, why he wants to study in Australia, and if the course will be valuable for him. If these factors can persuade the case officer, only then should you go for it. If the application is not strong enough, you should find a way to make it stronger. Otherwise, you should not apply for the student visa. Especially considering, a student visa needs to proof of Genuine Temporary Entrant, which could be hard for the applicant to persuade the case officer of.
Kim Anh: So you mention “No further stay - 8503”, if there is a condition like that, it means that there is no chance for the applicant?
Tony: (It's not easy, but) there is still a way. You can ask for a special consideration to remove this condition, for special reasons such as you needing to stay back to take care of someone else etc. This reason has to occur after you were granted the visa.
Kim Anh: Question from Trong Sang. Instead of applying for Visa 482 as a Butcher, now he wants to apply as a Slaughterer. How long will it take at the moment?
Tony: The processing time is still the same regardless of the occupation.
Kim Anh: Due to time limitations, I would like to end the Livestream here. In the coming February, Tony will come back in the next Livestream – Luat Di Tru and focus more on Partner Visas. Can you please give an overview of the topic of the next Livestream?
Tony: I will discuss when you should and when you should not apply for Partner visas. There are many streams for Partner visas, such as applying from overseas or from Australia. I will explain how you should choose the correct Partner visa stream. Then I will discuss the main requirements for this visa and how to provide the documents so that we can meet those requirements. This type of visa depends heavily on the discretion of the case officers. Therefore, I will talk about how the case officer will assess the application in Australia and explain how we can meet these requirements.
Kim Anh: So it means that you will provide the information based on your experience both as a case officer and as a migration agent?
Tony: Yes, of course!
Kim Anh: Thank you for your time.