Template Tourist Visa Refusals — Can They Be Overturned? Rejected After a DIY Application for Your Parents — Can You Reapply? Family Sponsorship / Business Streams — Worth Considering?

Yesterday we shared a round of success stories of Subclass 600 visitor visas overturned after refusal

Can you reapply

Let’s walk through the basics

Afterwards, many people came to ask whether they could reapply.

Today we’ll give a broad overview of the thinking and the logic. We say “broad” only because visitor visas have been assessed strictly over the past year (although there has been some easing recently), and a template-style document checklist is long past being enough to deal with them.

Every application requires a careful understanding of the background, the reason for the previous refusal, and whether the recent situation has changed, before we provide tailored help with preparing the documents.

After reading this broad overview, you’re welcome to get in touch on a case-by-case basis so we can assess whether reapplying is advisable.

From a template refusal,

find the telltale clues

Right now there are many template-style refusals of Subclass 600 visitor visas, and the reasons are mostly insufficient funds / proof of employment, leading to doubts that the applicant’s “ties” to their home country are strong enough, and doubts about the genuine purpose of coming to Australia (GTE).

They may all be templates, but every refusal letter still has its differences.
For example 1: the case officer pointed out the issue of insufficient financial capacity

For example 2: the case officer pointed out that the support from the inviter and the spouse was not enough to prove that the applicant themselves had sufficient financial capacity, or the issue of ties to their home country

For example 3, a pure, plain template…

So, the next application can target these areas by adding more: build on what was already provided last time, and dig deeper.For instance, if last time only a letter of employment was provided for work, this time you can provide a longer period of payslips and bank records, medical insurance and other records.

In addition, if the genuineness of specific documents is doubted, you need to handle it even more carefully and specifically
For example, the case officer pointed out the issue of a lack of continuity in payslip records

DIY applications by PRs for their parents

are often too hasty

Visitor visas for the parents of PRs/citizens are relatively easy to obtain, whether the up-to-12-month stay or the usual 3-month stay.
Yet requests for help after a PR/citizen’s DIY application for their parents has been refused make up more than half of cases, mainly for the following reasons:
1. The documents were prepared too hastily — where the Department says something may or may not be provided, they simply didn’t provide it
2. A previous application was granted, the Department has the documents “on file”, the situation is much the same now, so this time there’s no need to provide everything in full
3. The visitor visa for the parents was granted even before becoming a PR, so now that you’re already a PR/citizen, surely it can’t be refused?

Unfortunately, this kind of carelessness causes the cost of trial and error to rise sharply on the next attempt, and we strongly advise against simply adding a few documents and reapplying within a short period of time.

No big change in circumstances, nothing more to add

Really?

We generally advise that if the circumstances haven’t changed much since the last application, or there are no further documents to add, don’t rush into reapplying within a short period — it will very likely just earn another refusal.

Many people start by saying: This is just my situation, there’s nothing else I can add.Really?

But after our professional consultants gain an in-depth understanding of the background and carefully dig through the documents, we almost always find there is in fact more that can be added, and more that can be done better.

(Document lists from several overturned-case clients)


Besides helping prepare as many documents as possible, we often also help prepare a Travel plan and a submission (cover letter).If you ask how to write these well — there’s no template for that either; they’re entirely tailored to the circumstances of the application.

Don’t assume it’s just a “little” visitor visa — patient communication and professional judgement are both essential.


With relatives in Australia

you canconsider

Family sponsored stream

First of all, when a PR/citizen applies for their parents, the stream they choose is not the Family sponsored stream unless necessary; if you want the longest possible stay of up to 12 months, you choose the ordinary visitor stream and select up to 12 months.

And if it is necessary?
A PR/citizen who has settled in Australia for at least 2 years can sponsor:
– not limited to parents
siblings, grandparents and the like are all eligible
– cousins, friends, fiancés/fiancées and so on are not eligible

The Family sponsored stream always comes with condition 8503:
This means that once this visa expires, you cannot apply for another visa onshore in Australia — whether parent migration, the Subclass 870 or anything else — and condition 8503 is now extremely difficult to have waived.

You may also be required to pay a bond

So, the Family sponsored stream can be understood as trading a stronger commitment for a somewhat greater chance of being granted (note: this does not mean it will definitely be granted).

Success story:

Recently we had a client with a complex application involving their country of origin and a family-sponsored visa background, who, after a comprehensive assessment of the various possibilities, ultimately chose to apply through the Family sponsored stream and was successfully granted.


A friend opens a company in Australia

and an invitation is all it takes

Business visitor stream, right?

This is also one of the minefields of this period — it isn’t the case that just any Australian company issuing an invitation and a letter of support meets the requirements for the Business visitor stream

First, the Australian company issuing an invitation and a letter of support is just the most basic of basics; it needs to be able to provide sufficient supporting evidence — not just a single invitation letter

Second, you need to demonstrate the necessity of this business trip — coming for training? for a meeting? to provide technical support? You need to provide evidence of the business dealings between the domestic and the Australian company, the applicant’s own work-related dealings with the Australian company, and why this person needs to come to Australia.
All right — everything that can be summarised about visitor visas and overturning visitor-visa refusals has been said. The principles above apply to first-time applications too, and of course we’d rather not receive your request for help only after you’ve been refused.
As for the rest, it’s best discussed once we understand your specific case, so feel free to contact our consultants below to learn about visitor-visa applications in all kinds of situations.


Past articles worth a look

Overseas applicants aged 35-44: the shortcut of securing a 491 while pushing for 190 state nomination!

Canberra’s first round of invitations pours in — accounting/marketing/PR/ICT and many other occupations!

A WHV migration pathway → low tuition fees + low entry requirements + a skills assessment with no work experience + good employability!

Migration News Sharing Group


2023 


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