Previously we briefly introduced the requirements for submitting a visa application.Report truthfullyhaveDVO (family or domestic violence order)orOther orders。
Regardless of whether it was finally convicted, whether it was voluntarily revoked or not, no matter how long ago, whether you are applying for temporary visa or permanent residence, you need to declare the Declare truthfully.Be prepared to respondpreparation.
In some cases, a declared visa application may be referred to VACCU.Let’s talk today:
What is VACCU?
Under what circumstances will I be referred?
How to avoid being referred?
Precautions for handling after being referred
What is VACCU?
The picture above is an migration office notifying a customer that the 491 visa application has been referred to VACCU
VACCU stands for visa applicant character consideration unit , is a professional within the Migration BureauReview character
Department of.
There is a character test mentioned in S501 of the Migration Law.If the visa officer believes that the applicant may not be able to pass the character test, he or she will be referred to VACCU.
Once the visa is processed by VACCU, the processing time will be longer. As mentioned in the picture belowThe normal cycle is more than 12 months。And clearly stateWill not replyUpdate on progress。
Under what circumstances will I be referred?
First let’s look at why character testingTrial will affect visa application
TR or PR typeVisa application will require meeting PIC4001。Item (a) requires applicants to pass a character test (pictured above)
S501(6) of the Migration Act lists the circumstances in which the character test cannot be passed.As long as the applicant has one of the above reasons, it can be considered as the reason for failure.Common ones are as follows:
Have a serious criminal history – the applicant has been sentenced to imprisonment for more than 12 months, or has multiple prison sentences that add up to more than 12 months
s501(6)(c) – The applicant is considered not to be a person of good character through past conduct (including criminal offenses and daily life conduct).
Although there is no criminal record or serious criminal history, the visa officer can still determine the character based on the information provided by the applicant.
Generally involves criminal offenses with lighter penalties and general violations of laws and regulations. as commonTraffic violations, driving without a license, speeding, running red lightsWait, this behaviorIf it is a repeat offender and he goes to court，If there is a record on AFP, may also be referred to VACCU for determination.
s501(6)(d)——provides the basis for the visa officer to exercise discretion.
What the visa officer needs to assess is whether the applicant is allowed to enter or stay in Australia after the visa is issued.Are there any specific risks?. includeIs it possible to engage in illegal behavior in Australia, or is it possible to have a negative impact on the community or affect others (domestic violence, etc.)。
Because the visa officer needsEvaluate only one possibility，Therefore, the threshold for failure will be lower.If it is based on the behavior that has occurred, whether it is a crime or domestic violence, regardless of whether he is prosecuted or sentenced, the visa officer has reasons to exercise discretion and determine that the applicant has failed the character test.
How to avoid being referred
If the applicant fails the character test defined in s501 (steps into the “minefield” mentioned above),Does this mean that the visa will definitely be rejected due to character issues?
The answer isNegative，The Migration Bureau will further evaluate based on Guideline No. 99 in s499 Directions, this isThe role of VACCU. Guideline No. 99 requires thatIt is necessary to comprehensively consider the factors related to the applicant before deciding whether to reject the applicant’s visa application.
It would be best if you can avoid being referred to VACCU. Normally we would recommend preparing in advance
If past experience may lead to failure to pass the character test, such as a history of DVO or continuous violations.When submitting a visa, you should prepare relevant materials as much as possible and try your best to prove to the visa officer that your current character can meet the character test.In this case, the visa officer may not refer the applicant to VACCU.
The most direct benefit of being able to prepare as early as possible is that it can greatly shorten the waiting period.As I mentioned in the previous article, the current processing speed of VACCU is very slow, and the waiting period is more than 1-2 years.
Finally got referred
Of course, even if you prepare enough materials, you may still be referred. Then, in addition to the materials previously provided to the Migration Bureau, you can also add new supplementary materials. You can see the VACCU replenishment letter in the picture above for reference.
Because our customer has a history of DVO, it is recommended to provide:
–Police information related to DVO
–Relevant court documents
–Letter of support demonstrating good character: It can come from friends or family members who may or may not be living in Australia, especially if they understand your past situation and your character.
– Materials proving the correction performed, similar community activities, etc.
– Proven material of good character, such as charitable donations, etc.
In addition to the above basic materials:
1. We usually also recommendCustomer makes self-statement, explain clearly the cause and effect of the matter, and the most important thing is to be rightRelated matters show remorse and change of mind. If it is an issue such as domestic violence, it is best to get the other party’s understanding.
2. Generally, customers will be advised toCiting some laws and regulations, drafting legal documents to prove good character. I have previously organized relevant materials for clients with DVO history.
Final reminder
This is where VACCU’s introduction is today, but I would like to solemnly remind you:Friends who have records must declare truthfully! Regardless of the size of the matter, it must be declared on Form 80 or when submitting the visa.After failure to declare is discovered, the seriousness of the matter and the complexity of handling it increase exponentially.
Impulse is the devil, please think twice before you act.
If something has happened and you need help, you can contact the service team below to arrange a detailed evaluation and answer for you.
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