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Immigration Daily News Strange partner visa grant from the DIBP: Application wasn't even lodgedAustralian Immigration Daily News
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Strange partner visa grant from the DIBP: Application wasn't even lodged
A frightening email message from a Registered Migration Agent and member of Migration Alliance today:
"I apologise for sending this email to your email address; I was hoping to reach Liana but I cannot find her email address in my inbox.
I have had a strange visa grant come in last night. Here are the details:
I lodged an offshore partner visa application on behalf of a couple who were planning to marry within visa processing. I haven’t yet lodged a sponsorship application.
I have uploaded the following documents to the online application: applicant’s birth certificate; applicant’s passport; 4 x form 888; and a letter containing our new office contact details.
The applicant has completed the medical and has had her biometrics taken.
I am getting so frustrated with the Department’s incompetence. Another example, I had another case officer from Perth partner office last week tell me another client had to meet the 12-month relationship rule even though they have registered their relationship in NSW before I lodged the visa application.
It’s crazy that migration agents are more qualified than the people at the Department assessing visa applications.
What’s more concerning, is that given what is going on in the world with ISIS, shouldn’t case officers be taking more care with applications to protect our borders. This error could be happening at overseas posts everywhere for all we know.
I haven’t provided any of the following to the DIBP:
- The sponsor’s sponsorship application of form 40SP.
- Evidence that the sponsor is an Australian citizen (he was born in Zimbabwe).
- Evidence that the couple have met in person.
- Evidence that the couple have actually married.
- Evidence of the relationship.
- Relationship statements from the applicant and sponsor.
- Evidence of how the couple maintain contact whilst living apart.
- Police certificates from three countries.
- Form 80.
- Form 956."
Comments
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Friday, 20 March 2015
Until they revoke it a few months later and ruin the client's life.
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Friday, 20 March 2015They can not take it back, as a lawful decision has been made, even if the decision indeed, was generated by a computer system, as the DIBP's system has been given a delegate power to make decisions.
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Friday, 20 March 2015
There's a top immigration lawyer dealing with a revoked grant right now. I will ask the agent who referred the client to come on here and tell their story.
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Friday, 20 March 2015
I had an RSMS visa granted last week and the nomination is still 'in process'.
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Friday, 20 March 2015
Further information on the above case: She had a visitor visa SC 600 application that had been approved XXX July 2014. She is a citizen of [AFRICAN COUNTRY] and she lives in the USA. The processing office was Washington, USA. I lodged the offshore partner visa application on XXXX November 2014. The processing office was Pretoria, South Africa.
· Migration Alliance likes this comment. -
Friday, 20 March 2015
I received a similar request from a case officer requesting that I provide further information on meeting the 12-month relationship requirement.
I drew their attention to Regulation 2.03 A and attached the relationship registration certificate (which was already lodged at the time of application) and they responded saying 'I was expecting a response from you regarding this, please disregard my previous request'.
I also have a partner visa case lodged 12 months ago and have now been advised that no police clearances were ever received despite me having record of them being posted and receipted 5 days after the application was lodged.
As an agent it's so frustrating dealing with incompetent case officers who don't seem to have any idea what they are asking for! I also agree it's becoming a bit scary if these are the people responsible for approving applications and monitoring the Australian borders. -
Friday, 20 March 2015
I had an enquiries of a person who was in the process of application for 485 and holder of bridging visa. He was later advised by the Department that he has been granted a permanent subclass 886 and subsequetly he requested for his subclass 485 visa to be refused. Over 1 month later, the Department found that error being occured and due to merging of the person's records to another person's records (perhaps they shared same name) and his subclass 886 permanent visa was since warranted.
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Friday, 20 March 2015
Are you sure that the sponsor [or another person] did not lodge a separate application for sponsorship? Are you aware that you are obliged to lodge a complete application under MARA code of conduct unless you are specifically instructed to do so by client?
The fact that you did not provide evidence of the sponsor's status is germane- DIBP can ascertain this and indeed will never trust the information provided.
I believe there is no specific legislation that states a sponsor must lodge a 40SP, just as some visa applications can be made without forms. Welcome to be proved wrong if someone will quote any part of Migration Regulations that shows otherwise. Maybe this case officer is not as incompetent as you assume. -
Friday, 20 March 2015
Robert - we asked the same question and the response from the agent is above: "Further information on the above case.....'
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Friday, 20 March 2015
It is a worry if application was lodged in November and no documents had been provided by the agent 4 months later?!
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Friday, 20 March 2015
Further to my previous comment- all required information re sponsorship is contained on visa application except nature of household which is irrelevant. We all just copy and paste the lot
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Friday, 20 March 2015
So more 'busy work' for the DIBP automatons then Robert? The lot of them are only interested in featherbedding and their superannuation.
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Friday, 20 March 2015
Further details from the RMA:
I have read the comments on the blog and I don’t actually think this was a computer error because I received this email from the Pretoria office on XX March. My client completed the medicals in March and provided her biometrics only last week or this week. And then strangely, visa grant on XX March. I think Mr AAAAAAA BBBBBB has made the error. -
Friday, 20 March 2015
There are two ways to lodge a sponsorship application, either elodge or upload the form 40 as attachment to the application.
It is unusual a sponsorship is still not yet been lodged some 4 months after or so. -
Saturday, 21 March 2015
WOW. Consider yourself lucky. Give the GREAT news to your client/s and buy yourself a lottery ticket. Keep up with your great work.
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Monday, 23 March 2015
The case officer meant to refuse the application as the TOA criterion can not be met, but somehow clicked on wrong box I reckon.
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Monday, 23 March 2015
Wei
There is no requirement in the legislation that a 40SP [or 40SP Internet] be lodged. Policy dictates that it should be to ascertain that the sponsor is aware of obligations, etc but a phone call to the sponsor can also do this. Please see below.
Please note the use of words "should" and "usually".
Sponsorship form 40SP, which the department requests be completed by the applicant's sponsor (usually their Australian partner), is not a Schedule 1 requirement for making a valid UF-309 application. A visa application can be validly made without an accompanying sponsorship form 40SP.
However, under policy, the form 40SP, completed and signed by the visa applicant's sponsor, should be submitted by the visa applicant with their visa application (and accompanying documentation).
This is because the sponsor’s completion of the form 40SP usually addresses those Schedule 2 visa criteria that require the s65 delegate to be satisfied at time of visa application, namely that:
• the Australian partner (who is usually the sponsor) genuinely intends to sponsor the applicant for the visa and
• the sponsor (who is usually the Australian partner) understands sponsorship obligations and undertakings and satisfies all relevant criteria (for example, that the sponsor is not a sponsor of concern). -
Monday, 23 March 2015
The form 40sp is an approved form for sponsoring a partner and the visa may be refused if the application was lodged without a form 40sp(internet or paper), it will not be returned as invalid hence the refusal.
It is very important to have the singed 40sp included at the time of application, what will happened if the sponsoring partner has since dead or family has occured? The applicant may have no change of success without to be validly sponsored at the time of application.
Of cause, grant or refuse a visa is all about the delegate's satisfaction, but not the actual factors. -
Monday, 23 March 2015
Family violence has occurred I should have said.
Immigration blog
This pretty much a computer system thing.
I wont complain it because it make my life much easier.