7 triggers for further investigation into your visa application
- Posted by: Jag Khairra
- Categories: Australia, GSM, Investigation, State Nomination, Visa
When you apply for a visa, you obviously want things to go smooth with minimum delays. You hope that your application isn’t picked for some random investigation or further scrutiny checks.
The department has ways to identify certain visa applications that trigger further investigations. What are those triggers? Let’s find out!
According to the Policy Advice Manual (PAM) used by the department, the following seven scenarios illustrate where further investigation of an applicant’s claims may be warranted. The scenarios below are examples only, and are not intended to limit the extent of investigation that should be undertaken if the delegate suspects that the visa applicant has given the department false or misleading information and/or a bogus document/s in relation to the application under consideration:
- The applicant has previously withdrawn an application after being asked to provide comment on the suspected genuineness of a document given to the Department.
- The applicant continues to request extensions of time in response to requests for further information by the Department without providing an acceptable reason.
- The applicant has been assisted in their application by a person who is known to the Department as having previously been associated with known or suspected fraudulent activity.
- The applicant has an immigration history that suggests they have provided false or misleading information and/or bogus documents in relation to previous visa applications.
- Allegation/s have been received concerning the applicant’s identity or claims in relation to the criteria for a visa.
- The applicant’s movements in and out of Australia while holding a temporary work visa suggest that further investigation is warranted regarding their genuine intention to undertake the employment relevant to their visa.
- The applicant’s claims are inconsistent with claims made previously by themselves and/or their sponsor in relation to their immigration history.
A recent case (true story)
We came across a visa applicant, who applied for state nominated (subclass 190) after a successful nomination by Victoria. Apparently, he was assisted by a Registered Migration Agent on behalf of a very popular migration agency. Since the nominated occupation was an ICT occupation, Victoria required minimum 3 years of work experience. The applicant only had 2 years work experience related to the nominated occupation. According to the applicant, the agent assured applicant that the agent can get the nomination from Victoria granted as his agency had “special contacts” and had helped other clients previously. The applicant believed the Agent as he had also heard that many people had gotten their PRs through the agency.
What the applicant didn’t know was that the Agent had used a fake employment letter of a fake IT company in Australia to fill the gap, so that the 3 year work experience requirement can be met. Apparently, the state authority didn’t verify the work experience and the nomination was successful and an invitation to apply for the subclass 190 was received. The applicant was obviously very happy and referred more friends to the agency.
The applicant applied for subclass 190 through the same agent and hoped for the visa to be granted sooner. The agent obviously didn’t provide the fake work experience information in the visa application to avoid any such verification.
Unbeknown to the applicant and the agent, the department had started collected information from state authorities. A request for further information was sent to the agent where the department specifically asked for supporting documents to prove the 12 months work experience from the IT company in Australia. The IT company does not exist and the applicant or the agent has no supporting documents.
The hopes and dreams of an applicant shattered! All because of wrong advice and unethical practice of an agent.
Now the applicant was looking at a possible refusal and decided to withdraw the PR visa application. The applicant planned to apply for a student visa to maintain further stay in Australia.
Important thing to remember, however, is that the department may have evidence that the employment given to state government was bogus. And if someone is withdrawing a PR visa application after further information is requested by the department, then this could trigger further investigations in future visa applications lodged by the visa applicant.
How to stay alert and avoid falling prey to such agents? Click here to read about tips to ensure that you have a good agent on your side!
The above article constitutes only generic information on migration issues, and does not constitute specific migration advice to any entity or individual.