TIPS for Visa Sponsorship Application for Family in Australia may Refuse

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

2.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b) the charge has been withdrawn, dismissed or otherwise disposed of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.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than 5 years [have passed] before the date of application for approval of sponsorship,  and or if the charged has been withdrawn, dismissed, disposed or without the recording of convictions and there is a compelling circumstances affecting the sponsor or the  applicant –  The Department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:

1.child offenders,  sex offenders , child sex offenders, the Crimes (Child Sex Offenders

2.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.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:   (ref:regulations 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

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@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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