This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Facing a visa refusal can be disheartening and extremely stressful, but it’s important to remember that it’s not necessarily the end of the road. Here are the top five steps you can take if your Visa application is refused or rejected:

1. Understand the Reason for Refusal

The first step is to carefully read the refusal notice to understand why your visa was denied. Common reasons include incomplete documentation, providing false information, not meeting health or character requirements, or failing to provide sufficient evidence of your intentions (eg. lacking ties to home country). Understanding the specific reason will help you address the issue effectively.

2. Take Note of the Deadline to Appeal

If you believe the refusal was unjust, you may have the option to appeal the decision. The Administrative Appeals Tribunal (AAT) reviews visa refusals and can overturn the decision if they find it was incorrect. Be mindful of the deadlines for lodging an appeal, as they are typically strict. Missing the deadline can result in losing the opportunity to appeal. Sometimes Appeals are possible even if the refusal notice does not say that it is.

3. Seek Professional Advice

Consulting with a registered migration agent or immigration lawyer can provide you with expert guidance. They can help you understand your options, whether it’s appealing the decision, reapplying, or exploring alternative visa pathways. Professional advice can significantly increase your chances of a successful outcome.

4. Gather Additional Evidence

You may have the option to reapply. Ensure that you address the reasons for the initial refusal. Gather any additional documents or evidence that can strengthen your application. This might include more detailed financial statements, additional character references, or further proof of your ties to your home country.

5. Explore Alternative Visas

Sometimes, applying for a different type of visa might be a better option. A Migration Agent or immigration lawyer can assist in researching other visa categories that you might be eligible for, such as student visas, work visas, or family-sponsored visas. Each visa type has different requirements and might offer a more suitable pathway for your situation and it’s important to get it right to avoid future visa issues.

Conclusion

A visa refusal can be a setback, but with the right approach and resources, you can navigate through it. Understanding the reasons for refusal, seeking professional advice, considering an appeal, gathering additional evidence, and exploring alternative visas are all crucial steps in turning a refusal into an opportunity. Be mindful of any deadlines and ensure that you give yourself the necessary time to find the right solution. Stay positive and proactive, and you’ll be better equipped to achieve your migration goals.

If you have any specific questions or need further assistance you can always email us at info@condormigration.com or fill in our webform here.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

We know it can be hard to work out who you can and cannot trust when receiving migration advice. Protecting yourself from fraudulent migration practices is paramount to ensuring a smooth transition to your new life Down Under. To help you steer clear of potential pitfalls, here are some tips to consider in trying to avoid visa scams.

Tip 1: Verify the Credentials of Your Migration Advisor

Before entrusting your visa application to anyone, it’s crucial to ensure they are qualified and authorized to provide migration advice. In Australia, migration advice can only be given by solicitors or registered migration agents. You can easily verify the credentials of a registered migration agent by checking their registration status on the OMARA website https://portal.mara.gov.au/search-the-register-of-migration-agents/.  Solicitors should be registered with the Law Society of the state or territory where they practice. Taking advice from an unlicensed person can leave you vulnerable.

Tip 2: Be Aware of Non-Transferable Costs

When applying for certain visas, there are costs that the employer sponsor is legally obligated to bear, and these cannot be passed on to the visa applicant. These include sponsorship and nomination charges, as well as any migration agent fees associated with sponsorship and nomination applications. Be wary is someone attempts to shift these expenses onto you as the visa applicant. Always clarify the responsibilities and costs involved before proceeding with any visa application.

Tip 3: Trust Your Instincts

If an offer seems too good to be true, it probably is. Trust your instincts and exercise caution when dealing with people promising unrealistic outcomes or guarantees of success. The migration process is often complex and shortcuts or promises of expedited results should raise red flags. Don’t hesitate to seek a second opinion if you have doubts about the plan being proposed to you.

Tip 4: Know Your Workplace Rights

Regardless of your visa status, every individual working in Australia is entitled to certain workplace rights and protections under the Fair Work Act and other relevant legislation. It’s essential to familiarize yourself with these rights to ensure fair treatment and to safeguard against exploitation. An employer taking advantage of you it not only immoral but also could lead to issues in proving your work experience in visa applications

In conclusion, navigating the Australian visa system requires vigilance to avoid falling victim to scams. By following these tips and staying informed, you can safeguard yourself against fraudulent migration practices and embark on your journey to Australian PR with confidence and peace of mind.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Where you are living can affect your future visa options. For example, if you live in a regional area while you study certain courses, you might be able to gain 10 points towards a skilled visa application. You can follow these instructions to keep the Department informed about any changes in your residential address.

Updating your Address on your IMMI Account

Notifying the department of a change in Address while on your 500 Visa can be done through the ImmiAccount Portal.

If you don’t already have an ImmiAccount (for example, if you used an agent to lodge your application) you can create one easily by going to https://online.immi.gov.au/lusc/login and selecting

Once you have an ImmiAccount you will need to gain access to your Visa Application by ‘Importing’ your application into your account. To import your application select ‘Import Application’ from the ImmiAccount home screen:

NOTE: You will need to know your Transaction Reference Number (TRN) for your application which looks like this: EGOXXXXXXX and also your passport details (Full Name and Date of Birth) for the other fields. Your TRN should be visible on your visa grant and on the acknowledgement letter you received when you lodged the application.

Once imported you should be able to view your application from the home screen. Select ‘View Details’ to open your application information.

Once you are viewing your application you can then go to ‘Update Details’ in the left-hand menu:

In the ‘Update Details’ menu you can select ‘Change of Address Details’:

For each applicant (Primary and Secondary Applicants) you will need to enter the new address details in the fields provided. Once entered, select ‘Submit Form’.

NOTE: If your partner is attached to your application you will need to submit a second form for them following the same instructions but select their name from the ‘Name’ drop down menu.

The changes made will then be able to be viewed from the ‘List of updates provided’ menu:

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

As seguintes certidões policiais devem ser fornecidas dependo do seu status como residente no Brasil (é possível que seja necessária mais que uma declaração):

– Para cidadãos brasileiros, inclusive com dupla nacionalidade^{1 e 2}
Justiça Federal¹ e Departamento de Justiça Estadual²

– Para não cidadãos – Em algum momento residentes permanentes do Brasil^{1 e 2}
Justiça Federal¹ e Departamento de Justiça Estadual²

– Para não cidadãos – Em algum momento residentes temporários do Brasil^{1 e 2}
Justiça Federal¹ e Departamento de Justiça Estadual²

– Para não cidadãos – Que moram ou já moraram no Brasil sob visto de turista³
Polícia Federal Brasileira³

Atenção: Em todos os casos, as certidões deverão ser traduzidas profissionalmente por tradutor juramentado. Os tradutores estão listados neste site https://www.naati.com.au/news-events/news-events-container/updates/finding-a-translator-or-interpreter/

1 – Justiça Federal:
Certificado policial emitido pela Justiça Federal – “Certidão Negativa” ou “Certidão de Distribuição”.

Essa certidão cobre as cortes civis e criminais e está disponível online para a maioria dos estados em http://www.cjf.jus.br/cjf/certidao-negativa (deve ser usado o navegador Mozilla Firefox para acessar o site**). Esse certificado também identifica crimes registrados no sistema da Polícia Federal. Esse certificado deve ser obtido para cada estado no qual você residiu por um período acumulado de 12 ou mais meses nos últimos 10 desde que completou 16 anos de idade.

• 1^st Region: https://sistemas.trf1.jus.br/certidao/#/ (Covers DF, GO, TO, MT, BA, PI, MA, PA, AM, AC, RR, RO, and AP)
• 2^nd Region: Court Certificates | Federal Justice – 2nd Region (Covers RJ and ES)
• 3^rd Region: Federal Regional Court of the 3rd Region: Issuance of Certificates (Covers SP and MS)
• 4^th Region: CERTIFICATES (Covers RS, PR, and SC)
• 5^th Region: Tribunal Regional Federal da 5ª Região (Covers AL, CE, PB, PE, RN and SE)
• 6^th Region: Certidões Negativas da Justiça Federal da 6ª Região (Covers MG)

Atenção: Esse link pode não estar disponível quando acessado a partir da Austrália. Se tiver dificuldades em aplicar online pela Austrália, você pode fazê-lo através de alguém no Brasil (procurador, familiar ou amigo) acessado o site e aplicando em seu nome. Se tiver conhecimento técnico, o acesso também é possível através de VPN.

Você pode dar entrada online para uma declaração da Justiça Federal fornecendo seu nome completo e CPF. Esse serviço é gratuito, o processo online é rápido e a certidão sai na hora.

Se não for possível obter a declaração online, você pode ter que fazer a requisição em pessoa ou através de um procurador no escritório mais próximo da Justiça Federal em seu estado. O tempo de processamento nesse caso varia de estado para estado.

2 – Departamento de Justiça Estadual:
Justiça Estadual, Secretaria de Segurança Pública, Tribunal de Justiça ou Departamento de Policia Civil, dependendo do estado – Atestado ou Declaração de Antecedentes Criminais.

Você pode obter esse atestado online na maioria dos estados fornecendo seu RG ou Registro Nacional de Estrangeiro (RNE). Uma taxa pode ser cobrada em alguns estados.  Esse certificado deve ser obtido para cada estado no qual você residiu por um período acumulado de 12 ou mais meses nos últimos 10 desde que completou 16 anos de idade.

1^st Região Estadual

• DF: https://www.tjdft.jus.br/informacoes/perguntas-mais-frequentes/certidao-nada-consta
• GO: https://institutodeidentificacao.policiacivil.go.gov.br/antecedentes-criminais
• TO: https://www.ssp.to.gov.br/policia-cientifica/institutos/instituto-de-identificacao/emissao-de-atestado-de-antecedentes-/
• MT: https://portal.sesp.mt.gov.br/portaldaseguranca/pages/criminal/emissaoAntecedentesCriminais.seam
• BA: http://www.ba.gov.br/antecedentes/solicitar_atestado.asp
• PI: http://www.tjpi.jus.br/e-tjpi/home/certidao
• MA: https://www.mpma.mp.br/index.php/certidao-negativa
• PA: https://consultas.tjpa.jus.br/certidao/pages/pesquisaGeralCentralCertidao.action
• AM: http://www.ssp.am.gov.br/emissao-de-certidao-de-antecedentes-criminais-cresce-42/
• AC: https://www.tjac.jus.br/adm/execucoes-penais/vepma/informacoes/certidoes/
• RR: Sistema de Emissão de Certidões – Certidão Negativa
• RO: CERTIDÃO DE ANTECEDENTES CRIMINAIS DA POLÍCIA CIVIL DE RONDÔNIA – PC – Polícia Civil – Portal do Cidadão de Rôndonia
• AP: Internet access: Civil and Criminal Certificates are issued through the TJAP website

2^nd Região Estadual

• RJ: http://atestadodic.detran.rj.gov.br/
• ES: https://www.es.gov.br/documentos/atestado-de-antecedentes-criminais

3^rd Região Estadual

• SP: http://www.poupatempo.sp.gov.br/
• MS: https://www5.tjms.jus.br/servicos/certidoes/

4^th Região Estadual

• RS: https://www.pc.rs.gov.br/emitir-certidao-de-antecedentes-policiais
• PR: https://www.policiacivil.pr.gov.br/Pagina/Solicitar-Atestados
• SC: Delegacia de Polícia Virtual de Santa Catarina

5^th Região Estadual

• AL: alagoasdigital.al.gov.br
• CE: https://www.pefoce.ce.gov.br/outros-servicos/
• PB: https://policiacivil.pb.gov.br/noticias/pc-emite-certidao-de-antecedentes-criminais-pela-internet-e-sem-custos
• PE: Certidões – TJPE
• RN: Certidão de antecedentes criminais – TJRN
• SE: www.ceac.se.gov.br via Government of Sergipe

6^th Região Estadual

• MG: https://wwws.pc.mg.gov.br/atestado/solicitarsel.do?evento=x&fwPlc=s

Atenção: Esse link pode não estar disponível quando acessado a partir da Austrália. Se tiver dificuldades em aplicar online pela Austrália, você pode fazê-lo através de alguém no Brasil (procurador, familiar ou amigo) acessado o site e aplicando em seu nome. Se tiver conhecimento técnico, o acesso também é possível através de VPN.

Se não for possível obter a declaração da Justiça Estadual online, você pode ter que fazer a requisição em pessoa ou através de um procurador. O processo para obtenção desse certificado varia de estado para estado e você deve entrar em contato com as autoridades do seu estado para maiores esclarecimentos caso sejam necessários.

3 – Polícia Federal Brasileira:
Certidão de Antecedentes Criminais.

Você só poderá obter essa certidão da Polícia Federal se:

você está atualmente residindo no Brasil sob visto de turista e já residiu no Brasil por um período acumulado de 12 meses ou mais nos últimos 10 anos desde que completou 16 anos; ou

você residiu no Brasil sob visto de turista por um período acumulado de 12 meses ou mais nos últimos 10 anos desde que completou 16 anos.

Você pode obter esse documento online através do site: https://www.gov.br/pf/pt-br/assuntos/antecedentes-criminais. O serviço é gratuito, rápido e o certificado sai na hora.

Atenção: Em todos os casos, as certidões deverão ser traduzidas profissionalmente por tradutor juramentado. Os tradutores estão listados neste site https://www.naati.com.au/news-events/news-events-container/updates/finding-a-translator-or-interpreter/

https://immi.homeaffairs.gov.au/help-support/contact-us/offices-and-locations/offices-outside-australia

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

For visa assessment purposes, all police certificates issued are considered valid for 12 months from the date of issue, it doesn’t matter if the issuing country specified a different time period. 

For police clearances issued from countries other than Australia. If the clearance is more than 12 months old, and you have been back to that country for two months or more (cumulatively) since the certificate expired. You will need a new police clearance.

It might be tricky to prove your travel movements to the Department. Sometimes it is easier / leads to a quicker visa grant to provide a new clearance instead of waiting for the Department to accept the older police clarance.

Technically, where a police clearance is more than 12 months old and you haven’t been to the country that issued the clearance since the expiry of the police clearance you shouldn’t need a new clearance.

Googling police clearances doesn’t always take you to the right type of police clearance, you should always trust the details that the Department post on their website about which overseas authority is allowed to issue police clearances.

To know more, checkout this link: https://immi.homeaffairs.gov.au/help-support/contact-us/offices-and-locations/offices-outside-australia

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Skilled Regional Visas (Consequential Amendments) Bill 2019

The Skilled Regional Visas Bill aims to amend seven Acts in order to provide the holders of 491 and 494 visas access to welfare payments and government services. These new visas are set to come into effect on 16 November 2019 and are a part of the Australian Government’s aims to manage the immigration provide whilst also providing support to regional areas in Australia.

The legislation proposed to be amended is as follows:

• A New Tax System (Family Assistance) Act 1999
• Disability Services Act 1986
• Fair Entitlements Guarantee Act 2012
• Higher Education Support Act 2003
• National Disability Insurance Scheme Act 2013
• Paid Parental Leave Act 2010
• Social Security Act 1991

The proposed changes will ensure that 491 and 494 provisional skilled regional visa holders will have the same access to welfare and government services that current Permanent Resident visa holders have. The legislation to be amended will generally be addressing sections which currently apply to Australian residents and inserting new subparagraphs which extend the definition of an Australian resident to include those who hold provisional skilled regional visas.  The amendments are subject to the same eligibility requirements and waiting periods as current permanent skilled visa holders. These waiting periods usually are 2 or 4 years – this is to ensure that migrants will be able to support themselves upon first settling in Australia, and to sustain the welfare system. The full range of current exemptions for waiting periods will be available to 491 and 494 visa holders. See this link for some information about social security benefits in Australia. https://guides.dss.gov.au/guide-social-security-law/3/1/2/70.  Note that we are not able to provide any advice about your eligibility for social security payments. 

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

From November 2019 single applicants get 10 points towards their skilled visas such as 190 and 189 whilst applicants with a partner will need skills assessment / English score for their partner to get these 10 points. Given that it is quite easy to register and deregister a relationship / civil partnership many prospective migrants might think this is an easy way to get these 10 points and can look to a partner visa in the future.

Condor Migration believes that the Department will absolutely catch those who deregister their relationships and are nonetheless in a de facto relationship meaning people doing this can be accused of providing false and misleading information to the Department, a very serious accusation which can lead to cancelled visas and being banned from entering Australia for some years.

The Department are already used to seeing this sort of behaviour in people applying for contributory parents.

In the recent AAT decision for Zhou, the mother divorced her husband right before applying for the 143 contributory parent visa application. The visa was refused and the Department alleged that the divorce was entered into for purposes of the visa rather than because the relationship actually broke down. The applicants sought an Appeal from the AAT and the same conclusion was found and the visa was refused.

In this case because they were legally divorced there was no false information when the applicants submitted their relationship status as divorced however simply because you do not have a registered relationship does not mean you aren’t in a defacto relationship.

The moral of the story is always to be honest with the Department and if the strategy to get more points seems too good to be true it probably is. If you declare something to the Department you may need evidence to support your statement. And the best evidence? The truth!

Wondering if you might be eligible for a skilled visa? Contact us for a free assessment at info@condormigration.com or by completing our online webform.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Both the Academic and General Training exam have four parts – listening, speaking, reading and writing.

Listening

• The total time for the Listening module is 30 minutes for both the IELTS Academic and IELTS General Training exams.
• There are four recorded listening excerpts on both exams.

 Speaking

• For both exams, there is a face-to-face interview with a certified IELTS Speaking Examiner.
• The Speaking module is 11-14 minutes for both the IELTS Academic and General Training exam.
• The Speaking module includes short questions and longer questions where the candidate speaks about a familiar topic. There is also a structured discussion.

 Reading

• The Reading portion is 60 minutes long for both the IELTS Academic and General Training exams.
• For both exams, there are three readings with questions about each reading.
• For the IELTS Academic exam, there are a variety of texts to read, such as descriptive, factual, and analytical. The reading module also includes diagrams, graphs or illustrations.

 There are three sections on reading part of the General Training exam. In the first section, there are two or three short texts. In the second section, there are two short, work-related texts. In the final section, there is one long text about a general interest topic. For both the Academic and General Training exam, the texts are authentic; texts come from books, newspapers, journals, etc. (for the Academic exam), and books, newspapers, company handbooks, etc. (for the General Training exam).

 Writing

• The Writing section is 60 minutes for both the IELTS Academic and General Training exams.
• Each includes two tasks: Task 1 is a minimum 150 words and Task 2 is a minimum 250 words.
• For the IELTS Academic exam, Task 1 is writing about a table, graph, chart or diagram. Task 2 is an essay.
• For the General Training exam, Task 1 is writing a letter, and Task 2 is an essay.

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Invitations issued for 189 visas have dropped from 1500 to 300 in the last 12 months. 60 points seems no longer to be cutting it with even a lengthy waiting period for those on 70 points, points are now more important than ever before.

If you are looking to boost your points don’t overlook the Credentialed Community Language options. The National Accreditation Authority for Translators and Interpreters (NAATI) tests candidates in their ability to translate and interpret between English and a their chosen language other than English (LOTE).

The Test is offered in 47 different African, Asian, and European languages (for a full list, see the NAATI website here). During the test, the candidate is played short recordings of speech in either English, or their chosen LOTE. The candidate then has to give an oral translation of the speech, and they are marked on their ability to accurately transfer meaning between the two languages.

The NAATI is running the tests in May, June, August, October, and December this year, in every capital city except Darwin. Normally, applications to sit the test can be submitted online, however applications have been temporarily closed until early May.

For visa applicants who are comfortable switching between English and another language, this test is a relatively simple way to gain valuable points towards their visa.

Don’t like tests? Another option to gain 5 points is to complete one of these courses https://www.naati.com.au/other-information/endorsed-qualification-institutions/current-naati-endorsed-quals/

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Your visa has finally been granted. Or better yet, you have finally gained Australian citizenship. This, however, does not mean that the days of liaising with the Department of Home Affairs (DOHA) are finally over. This is especially true if your original visa application was fraudulent or misleading.

When proceeding with a visa application, acting with total honesty and integrity is important. If you are applying for an Australian visa you will need to satisfy Public Interest Criterion 4020. You and your visa application will be affected by PIC 4020 if:

• You have provided (or previously provided) a bogus document or information that is false or misleading
• Or if the DOHA is not satisfied over your identity in your visa application

These accusations can be regarding e.g. birth certificate, your criminal or health history, your skill assessment, your employer’s information, your work experience and/or your education qualifications to name a few.

If the DOHA picks up on the falsity during processing…

You will be given a chance to respond to the allegations, if your response is not deemed acceptable your visa application will be refused, and you will be subject to a 3-year ban (or a 10-year ban if you lie about your identity) on future visa applications.

If you have a visa refused due to 4020….

For an onshore application you will also be subject to s48 where only in limited circumstances can further applications be made onshore. You may be able to appeal the decision at the AAT or High Court…

You may be able to have this waved for future applications, however, in order to do so, you must provide reasons of compelling circumstances affecting Australia. Some common examples of considerable reasons include (and are not limited to): minor children being adversely affected by the decision, whether there are significant health or welfare issues or continued separation of immediate family members.

If the DOHA fails to pick up on the falsity at first instance…

This should be no reason to breathe a sigh of relief. Dishonesty on one occasion to the DOHA will not be overlooked. When seeking future actions in immigration and visa matters, the Department is required to take into account your past incredibility.

Dishonesty on multiple occasions will be viewed more harshly. In the worst case scenario, any immigration benefits that you have obtained can be formally revoked. This includes the Australian Citizenship. In regards to any Australian visas that you currently hold, these can also be revoked if your conduct fails to satisfy the ‘character test’ pursuant to the Migration Act 1958.

In a recent AAT decision Eidson and Minister for Immigration and Border Protection (Citizenship) (2017) AATA 1354 (23 August 2017), an applicant by the name of Sharon had been granted various visitor visas over the years, finally being granted citizenship in 1999. However, this citizenship application was then cancelled 12 years later after her long history of fraudulent declarations about her identity came to light. The Tribunal concluded in their judgment that the misrepresentation of her identity was enough grounds to affirm the revocation of her citizenship, especially considering that the lying was not an isolated incident. She could have come forward at any point to ‘set the record straight’.

In practice, these falsities eventually surface as a result of a simple telephone call to references or finding a mere difference in information between submitted documents (e.g. resumes and reference letters). The DOHA is less concerned about the contents of the lie, but rather the act of lying itself. Therefore, it is advised that all relevant information and convictions are disclosed at the very beginning of relations with the Department if you would like to avoid serious consequences.