Immigration Guides

Defacto Partner Visa Scenarios

Your defacto relationship

This de facto partner visa guide is particularly useful if you personal circumstances comes within one of these categories:

• you are an Australian citizen and your de facto partner is neither an Australian citizen nor an Australian permanent resident.
• you are an Australian permanent resident and your de facto partner is neither an Australian citizen nor an Australian permanent resident.
• you are are neither an Australian citizen nor an Australian permanent resident and your de facto partner is an Australian citizen.
• you are are neither an Australian citizen nor an Australian permanent resident and your de facto partner is an Australian permanent resident.

If neither you nor your partner are Australian citizens or Australian permanent residents, this guide might not the right one for you.

Instead you will need to understand how de facto partners are added to or combined with another Australian visa application. This is typically where an international student or overseas worker in Australia on a temporary visa, wishes to get a visa for their de facto partner, in circumstances where that de facto partner does not hold any Australian citizenship or Australian permanent residence visa.

Alternatively you may need to explore how the subclass 461 visa operates. The 461 New Zealand Citizen Family Relationship visa is a visa which assists couples where one partner is a citizen of New Zealand and the other de facto partner is neither an Australian citizen nor an Australian permanent resident, but wishes to have permission to be in Australia with their de facto New Zealand citizen partner.

De facto visa tips

I’m an Australian immigration lawyer who advises daily on visa applications for de facto partners. In this post I’ll share with you key things you should know about visas for unmarried couples, including the top reasons why your defacto visa application for Australia will get refused. Arghhhh!

Terms You Must Know

Partner visa

A “de facto visa” or “spouse visa” might also be called a “partner visa”.

Similarly, a “marriage visa” is a “spouse visa” and might also be called a “partner visa”.

Spouse visa

Australia offers spouses of Australians the opportunity to get a permanent partner visa. Spouses can be in a “married relationship” on the one hand or a “de facto relationship” on the other hand.

820 visa

A de facto visa lodged in Australia is a subclass 820.

309 visa

A partner visa lodged when the applicant is outside of Australia is a subclass 309.

Permanent de facto partner visa

Both 820 and 309 visas will lead to permanent residence in Australia. In the case of the 820, permanent residency is called the subclass 801 visa. In the case of the 309, permanent residency is called the subclass 100 visa.

What is a de facto partner visa Australia?

A permission given by Immigration to permit the defacto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to be lawfully present in Australia either provisionally or permanently.

Requirements For Approval

Basic de facto visa requirements

1. You and your partner must have been in a de facto relationship for at least 12 months immediately before making the application or have registered your de facto relationship before making the application or shortly thereafter.
   
2. If you are living apart, you must be living apart only temporarily.
   
3. One partner must be an Australian citizen or permanent resident, or an eligible New Zealand citizen. Usually this person will be over the age of 18.
   
4. Both must be able to demonstrate a commitment to a shared life as partners in a genuine relationship.
   

Defacto visa checklist

De facto Visa lawyers will each have their own checklists for what documents are necessary to support a de facto visa application.

You will need to provide documents about who you are, what the relationship is all about, previous relationships, immigration history, health and character. Check out this generic partner visa checklist published by the department.

Not enough documents

Most people think that not having enough of a pile of documents showing joint names and “couple” photos with friends and family for a 12 month period is why they’ll get refused, right?

Wrong! It’s not the quantity of material Dummy! Rather, it’s the compelling and corroborative value of all of the material you provide.

The de facto couples I’ve helped in the last 20 years have NOT rushed out on the very first day of their new relationship to set up a new bank account.

They have NOT rushed to execute a will (deed) naming each other as a beneficiary.

Realistically, you’d only rush to do these sort of things if your primary purpose was getting a visa. Chances are that in such a case, your de facto visa application isn’t built on solid foundations, hey?

Is your de facto visa application primarily facilitating an immigration outcome? If your documents suggest this, then you are on the wrong track!

Get on a different track fast!

De facto visa refusal

If your relationship is genuine, the good news is that you’ll likely succeed in obtaining a visa. The immigration gods are in your favour!

You’ll still need to be careful. A silly mistake may result is a visa refusal and an unnecessary appeal. More time, money and stress for you.

For example, an immigration law technicality rather …like not holding the right visa at the time of application or being in the wrong location when you apply could be a fact that ends up getting you refused. You see, most defacto partner visa applicants don’t get their de facto partner visa refused for not having enough supporting material.

It’s very possible to get a de facto partner visa granted without excessive material if your relationship is genuine and you explain why you are light-on with supporting material. Most of my clients have scant documentation, yet all of them are in genuine de facto relationships.

I’ve had de facto partner visa applications with only scant supporting material, approved, time and time again.

The real issue in de facto partner visa cases, is credibility.

Has your case officer been provided with credible information that your relationship did in fact exist, to the required level, at the time prescribed by the Regulations, and that your relationship continues to exist at the time of their decision?

These are the two most important questions.

I’ve found that immigration case officers want nothing more than to approve an application, whether de facto partner visa application or anything else for that matter. Why?

It’s easier to get an approval

Firstly, it’s a lot easier for a case officer to approve a de facto visa application, then to refuse one. Writing out “reasons for decision” in a decision record, if a de facto visa is refused can be very time consuming, especially when compared to how simple it is to grant a de facto visa. Department officers also recognise that an appeal to the AAT (Tribunal) might be lodged by any refused partner visa applicant and their sponsor.

Immigration officers will try to approve legitimate cases quickly.

If you provide plausible evidence supporting your legitimate case, this will save you (and your partner) the anguish of appealing against any adverse decision not to grant your visa.

I’ve also found that Immigration case officers are reasonable in their expectations of applicants when it comes to providing documentation. And if you make the right approach from the start, they will work with you to get your de facto partner visa application approved with the least amount of stress.

I can help you decide what is relevant and what is not relevant to provide with your partner visa application, and how to deal with obvious shortcomings in your support material.

Explain any lack of supporting material

Case officers expect you to furnish the details of the following four aspects of your relationship:

• Financial
• Nature of the household
• Social
• Mutual commitment

But it is ok if you don’t have everything. Who does! Ok. Some people do. But most don’t.

Solution: to address missing parts of the puzzle, the visa applicant and sponsor should each make clear, separate personal statements not only about their relationship but explain what’s missing and why. Give reasons.

Statutory declaration evidence

The right format for doing this is via a Commonwealth statutory declaration (there is a prescribed statutory declaration form 888 for this). The statutory declaration form rather than the form 888 is useful when you need to cover one specific issue and make things crystal clear for a decision maker about that specific issue.

If material is obviously missing, explain why and be truthful and frank with case officers. If you are nervous about this for any reason, make an appointment with me to help you draft the appropriate statement.

They are smarter than you 🙂

Immigration officers tend to be smart, experienced and methodical. They’ll smell a rat a mile away, and you can count on them checking things thoroughly if things don’t quite stack up for them.

Don’t try to fudge things or skim over gaps! You’ll waste a lot of time and money.

De facto visa application fees now cost around $8000 in filing fees alone.

Immigration lawyer fees are similar. You will suffer stress, delay and immigration consequences if your visa is refused. So address any gaps in your application head on.

Adverse information

There are legitimate reasons why certain material could be scant or missing altogether. My advice is to explain carefully why stuff is missing. Even the stuff that may be adverse should be considered for careful upfront frank and candid explanation.

If there’s any adverse information, be the first to raise it.

The credibility you will have as a result of bringing something to an Immigration case officer’s attention (rather than the other way around) may well be the credibility that ultimately saves your bacon, if you have a border-line application.

Common Questions People Ask Me

Is the visa guaranteed?

Is visa grant a sure thing? Absolutely not! But your chances of approval are greatly improved by following the approach above.

The credibility theme is one aspect of a partner visa preparation and submission system that I’ve successfully used for over 20 years.

I’ve lodged well over a thousand successful de facto partner visa applications with the Australian Department of Immigration. Do you need help lodging yours?

What does a defacto visa cost?

Fee payable to the Department when filing a defacto visa application are approximately $7715. Fees payable to your immigration lawyer are additional.

What are my chances?

If the visa forms, personal documents and supporting explanation you and your immigration lawyer provide is credible, your application for a de facto partner visa will most likely be granted, even though there might be relatively little by way of evidence, compared to what might be provided by others.

Processing Times

There is a waiting period of approximately 2 years from the date of application of this visa before a decision is made to grant the provisional visa.

The permanent partner visa (subclass 801) application is made at the same time as the subclass 820 visa application but the subclass 801 is only assessed 2 years after the date of application lodgment.

You’ll need to show a case officer that since the time of lodgment up to the time of decision you were in a genuine and continuing relationship with your partner.

Work rights while waiting

The bridging visa granted in association with an on-shore partner visa lodgment, typically includes unlimited work rights and the ability to study in Australia.

You might not get work rights attached to your bridging visa in the first instance. If this happens, then there may be a opportunity to get work rights if you can demonstrate a compelling need to work.

The 12 month rule?

De facto – period of the relationship must be at least 12 months prior to the date of visa application…

But..

Reg 2.03A(5) have these exceptions:

1) compelling and compassionate circumstances

2) humanitarian visa holder

3) relationship is registered.

Unlike regulation 2.03((A)(3) which explicitly requires the 12 month relationship to be met at the time of visa application, regulation 2.03A(5) is silent on when the relationship must be registered.

As such, an applicant who registers their de facto relationship after the application is made but before it is decided, is taken to have met reg 2.03A(5). Woohoo! ♥️

Is Divorce Necessary?

No.

You can most certainly be in a de facto relationship but still be married to somebody. In order to get married again, you must first get divorced.

If you are married and separated, you could be in a defacto relationship with a new partner and this could mean you may qualify for lodging a partner visa, without your divorce being finalised.

One issue is that you aren’t able to get a defacto relationship certificate until you are married. But see my comments above.

How Many Times Can I Do It?

As a general rule you can only sponsor a partner for a permanent partner visa on two occasions in your lifetime and these must be five years apart.

If you have been sponsored on a partner visa, you can’t usually sponsor and get a visa grant for a new partner within 5 years.

There are however limited opportunities to sponsor more than two partners and to do so within a five (5) year period.

Health waiver for defacto partner visas

Great news. If the applicant has a medical condition, there may be an opportunity of seeking a health waiver for your defacto partner visa. Not all visas allow for the waiver.

Appeals if defacto visa is refused

An application for a review of a negative decision by a case officer is usually available to be made at the AAT (was called MRT). Strict time period apply for making any appeal application.

Costs payable to the AAT when filing a defacto visa refusal appeal are around $1800. Professional fees payable to your immigration lawyer are additional. They are in the range of $3500-$9500 depending on the complexity of the appeal and the skills and experience level of your immigration lawyer.

Bridging Visa Held Or No Visa Held At All

Bridging Visa Holders

The provisional partner visa (subclass 820) provides for a bridging visa which allows the visa holder to stay in Australia until a decision is made on their application.

The bridging visa granted in association with an onshore partner visa lodgment, typically includes unlimited work rights and the ability to study in Australia.

If the applicant holds a bridging visa for more that 28 days and wishes to apply for the de facto partner visa, then there is additional criteria that needs to be addressed. Check out my guide to schedule 3 to understand how schedule 3 affects bridging visa holders in Australia seeking to lodge de facto partner visas in Australia.

Applicants in Australia with no visa

If there is no visa held, then this is problematic but not necessarily fatal to a de facto application.

Applicants in Australia with prior visa refusal

Defacto partner visa applicants can often lodge onshore even if they are onshore and have been refused a visa of another type and are awaiting the outcome of an appeal.

Past Police Problems

Applicants with a criminal record

If you have a criminal record, this may exclude you from a de facto visa grant. Your character is an important criteria for the grant of any visa.

Past police problems will always be problematic to some extent. However, in most cases it is not necessarily fatal to the outcome, unless very serious crimes have been committed.

Talk to me about the particular circumstances in your case.

Sponsors with a criminal record

Watch this space. This process is changing soon. Sponsorship applications are likely to get much more difficult (and delayed) where the sponsor is of poor character, previously involved in family violence or both.

Registering Your Relationship

If you can do this in your state or territory, do it now! Not all states and territories allow registration.

A de facto visa application can be made on the basis of a registered relationship.
In most states and territories, you’ll get certificate issued to you in about a month.

You could also get a de facto visa on the basis of having been a 12 month de facto relationship (without a certificate). However, if you are applying on the basis of the relationship certificate, you won’t need to meet the 12 month rule. Really useful!!

The Good States

If you are in a de facto relationship and wish to avoid the 12-month requirement, a relationship certificate is usually a great solution.

Unfortunately for migration purposes, not every state and territory has a relationships register which is recognised.

Here is a list of the states and territories which are what I call the “good” states.

The best places for de facto couples to live are Victoria, Tasmania, New South Wales, Queensland and the Australian Capital Territory. It will be frustrating if you are resident in Western Australia, South Australia or the Northern Territory. Damn!

Addresses For De Facto Partnership Registration

Defacto registration in NSW

You can apply online or download an Application to register a relationship form (PDF, 909.82 KB).

• Print and complete the form
• Post your completed certificate application (see form for address) and proof of identity to the Registry of Births Deaths & Marriages

Post to:

GPO Box 30

SYDNEY NSW 2001

•  Or visit your nearest Service NSW centre.

Registration fee: ​$223

Processing time: (includes 28 day cooling off period) up to 8 weeks.

For more information please visit the official website by clicking here.

Defacto registration in Queensland

Complete, download and print the register a civil partnership application form.

Visit a Justice of the Peace or another authorised person with your partner (if you are posting your application). Take your proof of ID and supporting documents to have them certified and to complete the statutory declaration section of the application form.

Attach your certified proof of ID, eligibility documents and evidence of home address.

Submit your application form and supporting documents by post.

            Post to:

Registry of Births, Deaths and Marriages

PO Box 15188

CITY EAST   QLD  4002

• Register a civil partnership Free
• Commemorative civil partnership certificate package (1 standard civil partnership certificate and standard postage included)-  $65.60
• Standard civil partnership certificate (standard postage included)- $50.40

For more information please visit the official website by clicking here.

Defacto registration in the ACT

Persons wanting to register a civil partnership may apply by completing an Application to register a civil partnership (DOC 182KB) or (PDF 185KB) and paying the prescribed fee for a certificate.

Standard certificate only – $65.00

Email: bdm@act.gov.au 

Post: Access Canberra Births, Deaths and Marriages GPO Box 158 Canberra, ACT 2601

In Person: Please visit www.act.gov.au/accessCBR 

Or call 132281 to find an Access Canberra Shopfront.

Each person must provide identification and at least one partner must provide evidence of residency within the ACT. Original forms of identification must be presented if applying at shopfront. 

Applications made by mail must be accompanied by copies of identification certified as true and correct copies by a person authorised under the Statutory Declarations Act 1959 (C’wlth) such as a Justice of the Peace, solicitor or Police Officer.

If you applied by mail your certificate will be sent to you by registered person-to-person post at which time you will need to present identification at the post office.

For more information please visit the official website by clicking here.

Defacto registration in Victoria

Both parties need to take part in registering the relationship:

Step 1: Partner 1 completes their part of the application

Step 2: Department will email Partner 2

Step 3: Partner 2 completes their part.

Both parties must prove their identity- prove your identity with your driver licence (if it confirms your residential address) and your passport. Do not send original copies by mail. when sending copies of the documents they must be certified copies, otherwise they would not be accepted

Partner 1 must show proof of living in Victoria when filling in the application.

If either of you has previously been married or in a registered relationship, you must provide evidence of its termination.For example

• Divorce certificate
• Certificate of revocation of a registered relationship
• Death certificate of your former partner.

Refer to Uploading hard copy documents online for how to attach evidence to your application.

Registration fee: $228.10 Certificate fee: $33.80

For more information please visit the official website by clicking here.

Defacto registration in Tasmania

To register your relationship, both parties need to:

• Complete a registration form (one form per couple)
• Provide evidence of identity and evidence that you both live in Tasmania
• Pay the registration fee. This fee does not include a certificate.

It takes at least 28 days from the date we receive a complete and valid application to register the relationship.

Standard Certificate- $55.62

Priority Service Standard Certificate- approved and completed application will be processed and issued within 24 hours- $55.62 +  $35.64

Once registered, you can apply for a relationship certificate. You can also choose to order a decorative certificate.

For more information please visit the official website by clicking here.

Defacto registration in South Australia

If you are a resident of SA you can register your de facto relationship, however it is not recognised for migration purposes.

Defacto registration in Western Australia

If you are a resident of WA you can register your de facto relationship, however it is not recognised for migration purposes.

Defacto registration in the Northern Territory

Civil relationship registration not available. If you would like to get married, you can apply online for marriage certificate. Alternatively, you can contact Births, Deaths and Marriages by emailing agd.registrargeneral@nt.gov.au.

Ask Me Questions Defacto Visa Questions!

Please share your questions and comments with me below. This forum helps others access more answers to more real life visa questions.

I’d love to know more about your de facto partner visa experiences. What’s on your mind.

Get Bridging Visa Help Here.

How to apply for a bridging visa?

Most of the time you don’t need to make the formal application for a bridging visa. This is because it is granted to you by operation of law. 

Is the application necessary?

A formal bridging visa application is usually not needed if you apply for a further visa while you are in Australia and you already hold a substantive visa at the time of making your further visa application.

Automatic Grant

The reason why a formal visa application for a bridging visa might not be required is that by operation of law, the valid application for a further visa in Australia is typically (but not always) deemed to be an application for a bridging visa as well. That application is usually always granted, either manually or automatically.

Purpose

The purpose of a bridging visa is to bridge the gap, if any, between the time at which your current substantive visa expires and the point in time when your new substantive visa is granted.

The bridging visa is a mechanism for keeping you lawfully present in Australia.

Otherwise…

If a bridging visa was not to be granted, then it would mean that you would be an unlawful non-citizen, present in Australia for that period between when your substantive visa expires and your further visa is decided.

Types of bridging visas

The three most common types of bridging visas are a, b, and e.

Which do you have?

The most important thing to check is that you always have a visa whilst you are in Australia (if you’re not the holder of an Australian passport).

You can check the visa that you hold at any time by completing a VEVO check. It’s online and free.

Know this…

BVB limitation

Be careful with a bridging visa b (BVB). Its purpose is to allow you to leave and return to Australia whilst you are waiting on a further substantive visa to be granted to you; you may exit Australia for a very finite travel period and must re-enter Australia by a specified date.

BVB disaster

The biggest risk with a BVB is that you forget the period for which your BVB is granted, and you then fail to re-enter Australia before the date specified. Take very careful note to start returning to Australia several days before your BVB expires, so that you have ample time to re-enter Australia if you leave.

Bridging visa after re-entry

When you re-enter Australia your bridging visa b does not change back to a BVA but will show as a BVB allowing you to continue to stay in Australia but importantly does not then have any exit and return facility.

Second BVB

You will need to take care to lodge a further BVB if you wish to again exit Australia in the period in which you are waiting for the grant of your further substantive visa.

If you hold a BVA or a BVB you can apply for a BVB.

Only one chance!

Unfortunately, if you hold a BVC or a BVD or a BVE then you can’t apply for a BVB. It’s like losing your virginity.

Think of it this way – if you hold a BVC OR BVD OR BVE, you can never go back to get a BVB, at least until after your further substantive visa application has been granted.

As explained above, bridging visas “bridge” you from when an existing visa ceases to be “in effect” till the time decision is made on any new visa you may have applied for.

Bridging visa lifespan after a decision on substantive application

Usually, the bridging visa will run for a period of up to 28 days (and possibly 35 days depending on when you lodge your application and when your bridging visa was granted) after the decision of the Department to refused your visa application, allowing you or your migration agent or immigration lawyer enough time to file an appeal.

Bridging visa to travel overseas

The Department of Home Affairs can issue You with a bridging visa. If you intend to exit Australia. This is known as bridging visa on departure grounds. These visas are for a fixed period.

Extension of BVE

There may be some scope to have these extended if, for some reason, you can’t depart. This is subject to negotiation between you and the compliance officer at the Department of Home Affairs.

For example, you might be without a visa and need a week or so to get things in order before you can exit Australia.

Immigration will often grant you this type of visa for a fixed term which will allow you time to exit the country or lodge another application.

Depart on BVE – consequences

There are serious consequences that follow after you exit Australia on a BVE. This is known as “special return criteria” where you may suffer a period of exclusion from Australia or ban from having a further visa granted for Australia.

BVE ban duration

The duration of this ban will depend on the sort of visa you are applying for and your circumstances for something that I advise on regularly and you should get independent immigration legal advice if you wish to make an application for Australia after exiting on a BVE.

Bridging Visa “In Effect”

Although your bridging visa may be granted (and you may have received a letter from Immigration saying that you have been granted this visa) take care to note that this visa will usually only come “into effect” when your existing visa expires and will remain in place while your new visa application is being considered. For example, suppose you are a holder of a Subclass 600 Visitor Visa. And you apply for a Subclass 482 Temporary Skills Shortage Visa while onshore.

Check your precise visa status regularly on the Department’s site.

When your bridging visa kicks in

You will not automatically become the holder of a bridging visa as soon as you make that 482 visa application. You will still be on your Subclass 600 until it expires. Your bridging visa will usually kick in, if at all, immediately upon the expiry of your Subclass 600 Visitor Visa.

Bridging visa might never activate

The Department may grant your 482 Visa Application while your Subclass 600 Visa is still in effect. This means the bridging visa granted to you in association with your Subclass 482 visa application will be extinguished and never come into effect.

Bridging visa not automatically granted

Don’t stress . Be vigilant in follow-up as to why is it could be that your application might not have been a valid one.

Consider making a seperate application for a bridging visa if your recent assistance visa application was valid but has not yet yielded a bridging visa grant – this usually wakes up case officers!

Practice Tip!

Stay onshore (inside Australia) if your bridging visa is not yet in effect.

Exiting Australia will usually extinguish this visa and you may well find yourself stuck offshore. This can be tricky and I would recommend you get some advice about any planned exit from Australia.

Your Experience?

Please share your comments with me.

I’d love to know more about your experience with applying for this visa subclass!

Why Public Interest Criteria 4020 (PIC 4020) Hurts

This relatively recent criteria was added to punish those who attempted to deceive immigration authorities. It’s the “gotcha!” criteria.

PIC 4020 is a mechanism to inflict hurt on devious individuals and to deter those deviants who may wish to “try things on” with departmental cases officers.

Every visa is granted if requisite criteria are satisfied.

PIC 4020 issue just another criteria to be satisfied. It is a criteria applicable to 99% of visas for Australia.

“4020” is a public interest criteria and sits in the same category as other public interest criteria like health criteria.

PIC 4020 can be said to relate to ones character but the character criteria is a separate requirement applicable to the grant of most visas.

So pic 4020 is not the same as the character requirement.

The rationale for PIC 4020 is that it’s in the public interest to promote honest dealings with the department and to punish those who seek to deceive the Dpartment.

If you provide false or misleading information or you provide a bogus documents in respect of an application you’ll be called out on it. That’s the “gotcha!” moment.

Section 57 Letter Response Strategies

You might argue that the material provided is not in fact false or misleading anyway.

You might also argue any document provided is in fact a genuine document, despite the department’s concerns.

You might argue that the alleged infringement referred to in the department’s letter, lacks sufficient materiality. Your response here would be along three lines of “so what?”

You might argue that the document was not provided by you but rather by an agent without your authority. This would mean that you would have to establish that fraud on the part of the agent was committed upon you.

Of course, if you are caught with your pants down then you’ll need to come clean and explain yourself very quickly.

The strategy here would be to argue that even though you are guilty of attempting to deceive the Department. Your infringement ought to be overlooked because you come to your circumstances fall within exemptions or waiver provisions within PIC 4020.

Sometimes the Minister maybe provides an opportunity to overcome the PIC 4020 problem within the visa criteria itself, for example in the case of partner visas.

Section 57 Letters

When you are called out on trying to decide Immigration, this usually occurs through what is known as a “section 57” invitation to comment letter.

You’ll have an opportunity of coming clean. This is the essence of the s57 letter. You are given time to comment on adverse information.

Bogus Document Definition

A bogus document is a false document. A bogus document is one that looks as though it has been issued by the right person or authority when in fact it hasn’t been issued by that person at all or is counterfeit or has been altered in an unauthorised way or has been obtained under false pretences.

What’s Bogus? What’s Fake? What’s not?

“Bogus” is defined in Australian migration legislation. The definition of bogus and bogus document is broader than you and I may have expected. Do not be surprised that what the Department may think is bogus does not equate to what you might consider bogus.

A bogus document problem arises when an Immigration Officer suspects that you have deliberately tried to mislead them by providing them with a document that is not genuine. For example by using fake documents or fake paperwork.

Immigration is acutely aware that false documents or false paperwork are often provided to Immigration in order that applicants can then meet criteria to enable the grant of a favourable immigration outcome.

Many visa applicants will act fraudulently to secure a more favourable immigration outcome. There are many reasons why normal people will do abnormal things in order to circumvent immigration laws.

Sometimes it will be deliberate. Sometimes it will be inadvertent. Sometimes it will be a mixture of deliberate and inadvertent. Whatever the circumstances and whatever the rationale, a bogus document is a bogus document.

For example, consider if your parents used an intermediary to “prepare” a primary school leaving certificate with information that was untrue or they arranged for a document to be created or issued by someone other than your school. If then your school leaving certificate was used to study at university and also to obtain a passport.

Is there University Certificate bogus?

Is the passport bogus?

Yes. And Yes. Both the document that you would receive as evidence of completion of university studies as well as the passport issued by your country of origin are both considered as bogus or fake documents.

PIC 4020 Approaches To Fixing The Problem

Did you, in fact, mislead Immigration? If the DIBP alleges that you provided false documents or statements, you can pursue two approaches.

The first approach is to challenge the allegation made by the DIBP and clarify that you in fact provided NO false documents or statements, within the meaning of PIC 4020. There are strict deadlines so must act quickly to take this approach.

The second approach is to argue that even if that was the case (i.e. you, in fact, had provided false documents or materials), the nature and extent of the circumstances are such that PIC 4020 is nevertheless met. The argument is that the fact that false documents or materials were provided should be of little or no consequence in the grander scheme of things. The interests of Australian citizens and permanent residents may also be relevant in some cases.

PIC 4020 Consequences – So What?

Those refused a visa because they are suspected of providing bogus documents or false or misleading information in the three (3) years before they lodge a visa will need to provide reasons as to why the visa they have applied for should be granted.

Especially, if they must satisfy the PIC 4020 criterion as part of the visa application. Most visas now have this criterion.

PIC 4020 – Public Interest Criteria Fixing The 4020 Problem?

I’m an immigration lawyer that looks at lots and lots of PIC 4020 “invitation to comment” letters and “4020 visa refusals” each week.

Public Interest Criteria 4020: You Are Not Alone

There are many many visa applicants that are affected by PIC 4020. It’s because it’s an easy shot for the Minister or Minister’s Delegate (aka case officer) to take. It’s potentially fatal for you. The PIC 4020 card can be dealt with you even if you are innocent or negligent (or simply stupid) in providing information about your visa application.

But as they say, “it is not all over until it’s over”. If you’ve let yourself down, or you’ve been let down by someone who’s lodged the wrong documents on your behalf, then talk with me.

I can’t help everyone that is affected by PIC 4020. I’ll explain whether it’s possible to turn any actual or likely PIC 4020 decision around. We’ll discuss how to make the best of a bad situation.

Many immigration lawyers or so-called experts will offer to tackle this problem for you. But be careful! It’s not a problem for the faint-hearted. (You know this already because of the bad feeling in your stomach since being contacted by Immigration recently about your case).

…And it may need more than simple legal skills to properly resolve. You’ll need a good problem solver on your side, who understands the depth and breadth of the PIC 4020 clause. That person must be someone who can explain what has happened in your case, in a clear and logical way.

Most of all – your immigration lawyer’s explanation needs to be credible.

You may find it very useful to inquire about your next immigration lawyer whether they have actually been successful with a PIC 4020 case.

This is where I can help. I handle many cases, and I get to consider many many “invitation to comment letters” and PIC refusals. I’ll help you avoid a further negative decision if it’s possible.

Public Interest Criteria 4020: Expert Help

Has your case already been flagged by your case officer as being affected by 4020?

Have you already received a notice disguised as an “invitation to comment”? This is a wolf in sheep’s clothing. Tread carefully!

Call me to discuss how we can help.

More about Bogus Documents.

PIC 4020: Essential To Know Before Consultation

“Before” visas

Please answer all of these questions above again in respect of every member of your family unit and let me know whether any of your answers are different?

What visas (“the before visas”) did you hold in the 12 months immediately before making an application for the pending visa?

Did you provide any bogus document in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

Did you provide any false information in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

Did you provide any misleading information in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

Did you provide any incorrect answer in relation to the application for any of the “before visas” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

“Pending” visa application

Please answer all of these questions above again in respect of every member of your family unit and let me know whether any of your answers are different?

Did you provide any bogus document in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

Did you provide any false information in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

Did you provide any misleading information in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

Did you provide any incorrect answer in relation to the application for the “pending visa” including any application you may have made to a skills assessing authority or to a medical assessor or to an English language assessor?

How many members are there in your family unit? How many are adults and how many are under 18 years of age?

What Does GTE Stand For?

GTE mean Genuine Temporary Entrant. 

According to the Australian Visa Regulations, you are required to meet the GTE requirement for many temporary residence visas.

What Is the GTE Requirement?

To meet the criteria for temporary residency (a temporary visa for Australia), you will need to persuade the Department deciding maker that you are indeed a GTE. 

This means that you must demonstrate that you have good reason to return to your home country after your temporary start stay and show that you were not using the temporary residence visa to stay long term or permanently in Australia. 

This is really quite nonsensical. Most skilled migrants in student visas for example would like to apply for permanent stay after studies and Australian work experience is completed. 

If you already have a parallel application being made for a Permanent Residence visa, this GTE requirement in respect of any temporary visa you need in the interim, can prove problematic.

GTE and Student Visas

The Genuine Temporary Entrant criterion for student visa applications requires the Minister to be satisfied that you intend genuinely to stay in Australia temporarily, having regard to:

• your circumstances; and
• your immigration history; and
• if you are a minor — the intentions of a parent, legal guardian, or spouse of you; and
• any other relevant matter.

If you have concerns that immigration may identify you as being a visa holder that is perhaps not a genuine temporary entrant, then please book in a consultation with me to best discuss how to put your case forward.

GTE With Visitor Visa

There are different streams of a visitor visa. You need to consider carefully not to spread that you are hoping to stay beyond the term of the visa being applied for. 

Yes, GTE requirements suck! 

Satisfy the GTE requirement

To satisfy the GTE requirement, you will usually provide a personal statement to explain why you meet the requirement.

GTE statements should cover your circumstances in your home country relative to your potential circumstances in Australia, your Immigration history, and for student visas, you will want to include the value of the course to your future. 

Do you need help to prepare a submission for your GTE requirements? Book in a chat with me today.

Your Experience?

Please share your comments with me.

I’d love to know more about your experience with applying for this visa subclass!

Get Help Here With Labour Market Testing Tips For Work Visas 

The language to be used for any advertising (paid or unpaid) of a position for a subclass 482 visa, and any similar positions, commissioned or authorised by the approved sponsor must be in English.

Where and How

For a 482 visa (Labour Market Testing) advertisement, the nominated position must be advertised:

For a 482 visa (Labour Market Testing) advertisement, the nominated position must be advertised:

(a)  on the Employment Department’s Jobactive website (https://www.jobactive.gov.au); and

(b)  in at least 2 advertisements on or in one or more of the following:

(i)  a recruitment website with national reach in Australia (other than the website mentioned in paragraph (a)) (for example, SEEK, Jora, or Indeed);

(ii)  print media with national reach in Australia;

(iii)  radio with national reach in Australia;

(iv)  if the approved sponsor is an accredited sponsor—the approved sponsor’s website.

Each advertisement of the nominated position must be commissioned or authorised by the approved sponsor.

Each advertisement of the nominated position must include the following details of the position:

(a)  the title or a description of the position;

(b)  the skills or experience required for the position;

(c)  the name of the approved sponsor or, if the approved sponsor has engaged a recruitment agency for the purposes of the labour market testing, the name of the recruitment agency;

(d)  the salary for the position, if the intended annual earnings for the nominated position are lower than $96,400.00 AUD.

Each advertisement of the nominated position must be commissioned or authorised by the approved sponsor.

Each advertisement of the nominated position must include the following details of the position:

(a)  the title or a description of the position;

(b)  the skills or experience required for the position;

(c)  the name of the approved sponsor or, if the approved sponsor has engaged a recruitment agency for the purposes of the labour market testing, the name of the recruitment agency;

(d)  the salary for the position, if the intended annual earnings for the nominated position are lower than $96,400.00 AUD.

How Long Should I Keep The Ad Running?

Applications or expressions of interest for an advertised position must be accepted for at least 4 weeks from when an advertisement for the position is first published on or in any of the following:

(a)  print media;

(b)  radio;

(c)  website.

Employment Contract Tips

Employment contracts for the foreign worker should be conditional upon holding a valid visa and subject to an appropriate probation period which is usually 6 months.

The date of the contract should be after the expiration of the advertising period although in cases where the contract is signed before the advertising period, there may well be a good reason for this, including for example, where the contract is able to be terminated easily if a better candidate is found during the advertising period.

Your Experience?

Please share your comments with me.

I’d love to know more about your experience with advertising work visas!