TIPS for Visa Sponsorship Application for Family in Australia may Refuse - PowerPoint PPT Presentation

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TIPS for Visa Sponsorship Application for Family in Australia may Refuse

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Title: TIPS for Visa Sponsorship Application for Family in Australia may Refuse


1
TIPS for Visa Sponsorship Application for Family
in Australia may Refuse
  • http//www.visaonlineassistance.com

2
Fiancé, De- Facto, Spouse/Partner, Dependent
Child(s)
  • It is always essential to review, check the
    eligibility of the sponsor or sponsored
    applicants ambit the regulations or acts
    currently in place as to determine the
    eligibility and chances of your sponsorship visa
    application for Australia, as to whether you are
    likely to receive a possible refusal or approval
    of your visa application sponsorship in
    Australia.
  • 1. If the sponsor has previously
    sponsored/nominated a certain fiancé, de-facto
    partner or prospective spouse, yet a period of
    five (5) years have not passed prior to the
    sponsorship application made by a sponsor in
    Australia. An example of this is when a sponsor
    has sponsored his prospective spouse and yet, the
    application or relationship is unsuccessful
    then sponsor will again responsor another
    individual of the same category, for what he had
    applied before
  • If the sponsor is charged with registrable
    offence - The Department of Immigration will
    normally refuse to approve the sponsorship for
    applicants included in the application unless
    excerpt Regulations 1.20KB, Part 1 Division 1.4
  • a )none of the applicants is under 18 at the
    time of the decision on the
  • application for approval of the
    sponsorship or
  • b) the charge has been withdrawn, dismissed or
    otherwise disposed of
  • without the recording of a conviction
  •  

3
  • 3. If the sponsor is convicted with
    registrable offence if there is a conviction
    for the sponsor regarding registrable offence,
    again application for sponsorship visa of
    applicants will not be approved unless
  • a) none of the applicants is under 18 at the
    time of the decision on the
  • application for approval of the sponsorship or
  • b) the conviction has been quashed or otherwise
    set aside
  • In addition to this, if the said offence made by
    the sponsor, where (s)he has completed/rendered
    the sentence in relation to his offence imposed
    to him by law, or has given a parole, and more
    than 5 years have passed before the date of
    application for approval of sponsorship, and or
    if the charged has been withdrawn, dismissed,
    disposed or without the recording of convictions
    and there is a compelling circumstances affecting
    the sponsor or the applicant - The Department
    of Immigration may still approve the sponsorship
    application.
  •  
  • What are those registrable offence? This could be
    any of the following
  •  
  • child offenders, sex offenders , child sex
    offenders, the Crimes (Child Sex Offenders
  • or any reportable offence an offence that is a
    reportable offence within the meaning of any
    of the following Acts
  • (i) the Child
    Protection (Offender Reporting) Act 2004 (Qld)
  • (ii) the Community
    Protection (Offender Reporting) Act 2004 (WA)
  • (iii) the Community
    Protection (Offender Reporting) Act 2005 (Tas)
  • (iv) the Child
    Protection (Offender Reporting and Registration)
    Act (NT

4
  • 4. If the sponsor or spouse, de-facto partner
    is unable to provide a Police Check
    (certificate), requested by the Department,
    application for visa sponsorship may refuse to
    approve
  •  
  • 5. For Prospective Marriage and Partner Visa
    If the sponsor (Regulations 1.20KC ) has
    significant criminal record in relation to
    relevant offence against the law of Commonwealth
    or, a State Territory, or Foreign country. The
    Department of Immigration may refuse visa
    sponsorship of each of the applicant, however,
    immigration may consider to approve the
    sponsorship application if they consider the
    following (refregulations 1.20KD)
  •  
  • a)the length of time since the sponsor
    completed the sentence (or
  • sentences) for the relevant offence or
    relevant offences
  • b) the best interests of the following
  • (i) any children of
    the sponsor
  • (ii) any children of
    the applicant who is seeking to satisfy the
    primary
  • criteria for the grant
    of the visa concerned
  • c) the length of the relationship between
    the sponsor and the applicant who is seeking
    to satisfy the primary criteria for the grant of
    the visa concerned
  •  
  • 6. If the sponsored applicant(s) do not
    satisfy to meet Public Interest Criteria more
    particularly with health requirements ( for
    Permanent Resident Application- PIC 4005), where
    one-fails, all fails rule may apply, although
    there are special provisions of health waiver
    criteria for certain visa category as part 2 of
    the regulations div. 2.25A

5
  • 7. If the sponsored applicant(s) for
    (temporary) have a record of previous
    immigration violations or adverse immigration
    history, known by the immigration officer and
    in the eyes of the immigration officer the
    conditions may unlikely, to be followed or met by
    the applicant(s)
  •  
  • 8. When there are bogus, fraudulent
    documents and or misleading information which
    could be material to the visa application ( PIC
    -4020)
  •  
  • Source Eligibility of the sponsor and
    limitations/ refusal of sponsorship for certain
    visa category as stated above could be found y
    at Migration Regulations 1994 (April 2017).
  • For Visa Application Assistance, contact Visa
    Online Assistance by sending us an e-mail at
    info_at_visaonlineassistance.com . For assistance in
    your refused visa to Australia and wanting to
    reapply click here noting there is a special
    provision to a refused visa as per regulations 2.
    11
  • In the event you wish to apply for the review of
    the decision in which you can lodged online
    need to observe a time limit indicated therein to
    your letter from DIBP, for more information click
    this link Administrative Appeals Tribunal
    external link for ATT.
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