Student Visa Chances Due To US Student Visa Rejection

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Student Visa Chances Due To US Student Visa Rejection


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Old 10-27-2010, 06:32 AM
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Exclamation Student Visa Chances Due To US Student Visa Rejection

hey guys,
I got an admit to University of Technology Sydney for the MBA program. About 6months back I has appeared for 2 visa interviews at the US counsel in Chennai(India) but failed to get a student visa (the reason was sec 214(b) of immigration law where-in they suspected me of being a potential immigrant).

Will mentioning this fact in the Australian student visa application form affect my chances to get a student visa in Australia?

Eagerly waiting for some response!!


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Old 10-27-2010, 10:57 AM
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Did you actually have a student visa application submitted and was it rejected?
But regardless, it is always best ti be honest with applications for the revealing of a non disclosure will be even worse for you.
Immi will look at all matters re an application and that will include the financial support you need.





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Old 10-28-2010, 12:47 PM
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@wanderer: i have not yet submitted my visa application..i was worried whether my us student visa rejection would effect my australian student visa..and yes btw i do hav sufficient financial support


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Old 10-29-2010, 02:06 AM
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It is not something you will get an exact answer on a forum with for there is no exact answer.
COs look at all information associated with visa applications and make decisions accordingly.
Even if someone had been in exactly the same situation previously, it may depend on what a CO finds out about the reasoning for the other rejection decision.





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Old 10-29-2010, 03:16 AM
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Quote:
Originally Posted by Wanderer View Post
It is not something you will get an exact answer on a forum with for there is no exact answer.
COs look at all information associated with visa applications and make decisions accordingly.
Even if someone had been in exactly the same situation previously, it may depend on what a CO finds out about the reasoning for the other rejection decision.
@wanderer..all i wanted to know is whether my visa rejection
in usa (reason -being potential immigrant) alone will negatively effect my chances to get a student visa in australia


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Old 10-29-2010, 05:09 AM
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Quote:
Originally Posted by dheerajnair89 View Post
@wanderer..all i wanted to know is whether my visa rejection
in usa (reason -being potential immigrant) alone will negatively effect my chances to get a student visa in australia
Hi there,

I think it's unlikely that the outcome of your US visa application will have any effect on your chances of getting an Australian student visa. I don't think the Australian and US immigration departments share that kind of information and, even if they do, being rejected a US student visa isn't a reason to be rejected an Australian student visa - it's not a crime to have a visa rejected. I don't think you need to declare any of your US visa application information in your Australian application unless it is specifically asked for - it's really not relevant to the Australian application.

best wishes,
Jen


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Old 10-29-2010, 07:00 AM
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Take on board what comments you wish and I do not work for immigration as some may or may not, but it would be prudent to bear in mind that
1. You will quite possibly be assessed at Level 4.
2. Though you may not need to declare a visa rejection for another country, Australia does share information with other countries.
That kind of statement is on a lot of application forms, student visa applications included - http://www.immi.gov.au/allforms/pdf/157a.pdf





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Old 10-29-2010, 03:30 PM
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Quote:
Originally Posted by Wanderer View Post
Take on board what comments you wish and I do not work for immigration as some may or may not, but it would be prudent to bear in mind that
1. You will quite possibly be assessed at Level 4.
2. Though you may not need to declare a visa rejection for another country, Australia does share information with other countries.
That kind of statement is on a lot of application forms, student visa applications included - http://www.immi.gov.au/allforms/pdf/157a.pdf
Wanderer, you are absolutely right that Australia shares information with other countries and may even share this type of information. Nonetheless, I don't think that a visa rejection from one country would automatically mean a visa rejection from another country - in fact you can even apply for the same visa for the same country and receive a rejection the first time and then an approval the next.

I think the type of information that rings alarm bells for immigration departments is criminal activity, a record of being deported, or a record of overstaying a visa. But not necessarily a visa application rejection - unless it was for one of the items just mentioned - because different countries have different visa application criteria. As long as the OP meets all of the criteria for Australian student visa, then having had a US student visa rejected is not relevant and won't result in an automatic rejection.

dheerajnair89, I think you need to carefully look at the reasons for the US visa rejection and make sure that you couldn't be rejected for the same reasons when applying for an Australian visa. Also, as Wanderer mentioned, the information here is mostly people's opinions based on their own experience so I'd strongly advise having at least a telephone consultation with an Australian immigration lawyer so that you can get a legal opinion on this.

best wishes,
Jen


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Old 10-29-2010, 11:48 PM
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An interesting way to connect two paras Jen
Quote:
As long as the OP meets all of the criteria for Australian student visa, then having had a US student visa rejected is not relevant and won't result in an automatic rejection.

dheerajnair89, I think you need to carefully look at the reasons for the US visa rejection and make sure that you couldn't be rejected for the same reasons when applying for an Australian visa.
reasoning I had put above
Quote:
it may depend on what a CO finds out about the reasoning for the other rejection decision.
You may not be aware but there has been a stringent review of the international student visa scenario and the tendency of much studying seemed to have been intended for solely applying for permanent residency, something the government has moved on with changes to immigration regulations.
India is considered a country for which overstaying is considered a high risk and hence Indians finding it more difficult to get tourist visas and even students being classified as Assessment Level 4.
A CO may consider it very relevant that a rejection from the US has occurred but that is a matter for Immi and the CO, though it may not be an automatic result!





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Old 10-30-2010, 06:16 AM
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Quote:
Originally Posted by Wanderer View Post
An interesting way to connect two paras Jen

reasoning I had put above

You may not be aware but there has been a stringent review of the international student visa scenario and the tendency of much studying seemed to have been intended for solely applying for permanent residency, something the government has moved on with changes to immigration regulations.
India is considered a country for which overstaying is considered a high risk and hence Indians finding it more difficult to get tourist visas and even students being classified as Assessment Level 4.
A CO may consider it very relevant that a rejection from the US has occurred but that is a matter for Immi and the CO, though it may not be an automatic result!
Wanderer, apologies if I've I sounded like I was trying to start a debate - I honestly was just giving my opinion. I know there have been changes and more scrutiny of student visas for Australia. To clarify my two paragraphs above:

(1) The OP could not be automatically refused an Australian visa based on being refused a US visa because different criteria are used by the USA and Australia for visa assessment. There is no policy that states that a visa rejection from another country will result in a visa rejection from Australia. So, as far as policy goes, the visa rejection for the USA in itself is irrelevant - it won't automatically preclude the OP from obtaining an Australian visa.

(2) The OP should look at what the reasons were for the US visa rejection and compare the criteria for a US visa against the criteria for an Australian visa. If the rejection was based on criteria that apply to both US and Australian visas (e.g. overstaying another visa, being deported, etc), then the OP would need to address that criteria in order to get the Australian visa. But the US rejection might be based on something particular to the USA - e.g. perhaps the OP has relatives in the USA that would make US immigration believe the OP intended to immigrate, not just study. The visa rejection in itself is irrelevant but the REASONS for the visa rejection may or may not be depending on whether the same criteria would apply to an Australian application also.

Anyway, that's all I was trying to say - I read the OP's question as "Will the refusal of my US visa application automatically negate my Australian visa application?" and I don't believe that is the case. But I may have read the question the wrong way!

best wishes,
Jen


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