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AHC India, student visas, and University offer letters not given to people married for less than 2 years

We received the following email from a fellow agent and have been given permission to publish.  We would appreciate it if any RMAs are aware of any case-law or precedents on this scenario.  All comments and feedback welcome.  If anyone would like to contact Gurpreet directly with feedback his email is This email address is being protected from spambots. You need JavaScript enabled to view it. :

"Dear Sir/Madam,

I am a migration agent. I am confronting a very critical issue in relation to offshore student visa cases where the marriage took place less than 2 years ago.
 
My concern is that the universities are unwilling to process offer letters for these cases as they are afraid that the Australian High Commission, India will reject the applicant's visa applications because of the fact that their marriage is less than 2 years old.
 
As far as I know, the Migration Act and related legislation does not stipulate such condition on the visa applicants. If the applicants are married and they can prove a valid marriage, they should not be rejected because their marriage is less 2 years.
 
Therefore, I am not able to provide a concrete advice to my clients as there is so much inconsistency prevalent in the department's decision making process.
 
Moreover, I am not able as it is impossible to talk to the department in that regard as I have to wait for an hour and so on to the telephone to get connected.
 
I will be grateful to you seeking the Department's stand on this issue so that our practice can confidently advise our clients.
 
I am waiting for your reply.
 
Your help and efforts are appreciated.
 
Gurpreet Singh (Director)
KPG Global Visas Services Pty. Ltd.
Australian & New Zealand Registered
Principal Migration Agent 
(MARN: 1569140)
NZ License No: 201500594"
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Comments

  • Guest
    Asad ZAMAN Tuesday, 22 September 2015

    Good Sardar G,
    We have to push them for all discriminations with Pak- Indo students as In Pakistan we are also facing the same problems. all GTE, SVP & Non SVP is same all its all depend on the Mood of Visa Officer. If student has enough luck that day then he will get that... other wise they will get GTE Refusal which is a good copy & Paste example for US.

  • Guest
    Virender Rana Thursday, 24 September 2015

    Agents in India are arranging bogus marriages so that the secondary applicant normally a wealthy male gets a free ride to Australia. The agents in India are promoting this and even do match making in their offices in India, particularly in the state of Punjab in India. The agents charge some times around $10,000.00- $ 20,000.00 for this arrangement. They call it paper marriage and this term is used widely in state of Punjab, India. Once onshore the secondary applicant either divorces the main applicant or wait till they become permanent resident of Australia and divorces. Some times they do this arrangement with their know accomplice, some time with their family relatives, to keep the dealing confidential.

    Good on the department to actually unearth this scam/ deliberate fraud to keep the integrity of the Australia student visa.

  • Guest
    Gurpreet Singh Friday, 25 September 2015

    Mr. Rana, I do agree that the unscrupulous and fake marriages must be sternly dealt with. But I am sorry to defer with you to say that when the clients can show genuine proofs of a continuing and genuine married relationship, which is the fundmental requirement of Australian Migration Law, then such cases be given a fair play and not to be judged taking into account irrelevant considerations and imposing unnecessary burden.

    For example, I have a student visa applicant who married 19 months ago and had a 1 year old baby and the university is still reluctant to offer the student place fearing the visa refusal at AHC as her husband wants to accompany her. Even,the visa applicants are from southern part of India.

    Then, I do not know how to tell my clients to prove the claims of genuiness of their marriage. Sorry to say, I can not pat the back of AHC for indirectly thwarting genuine efforts on the part of genuine applicants by creating unfounded fears in the minds of colleges and universities of potential visa refusals.

  • Guest
    Virender Rana Friday, 25 September 2015

    Mr. Singh.
    Thank you for you response. My comments were general in nature and were not directed to your client's circumstances. I think every body on this forum is aware of what Migration law of Australia is.
    Now that I have read your client's matter, I find it hilarious that a student with 1 year old baby will be able to juggle full time studies and motherly duties considering the commitment and the rigorous regime that is put on a student doing university studies. Normally mothers in Australia defer their studies or go on unpaid leave and take time off for few years to spend time with their child, to have bonding with the child and give the best start that a new born deserve. We should give a thought to the best interest of a child as the paramount consideration in making any decision.

  • Guest
    Mick Gibbs Wednesday, 30 September 2015

    Rana

    Please don't feel to embarrassed for being so ignorant of the courage and energy of single parents.
    I am sure that the folks you've insulted will understand your naivety.
    I expect a presiding review panel may have more insight.
    Or is time management and motivation elemental to the character test.

  • Guest
    Michael Tan Thursday, 01 October 2015

    Rana
    Please don't contaminate this site with your narrow-mindedness.
    Having your say is one thing. To ridicule and mock when you are so obviously ignorant is another.
    Go to your corner and think what you have done wasting readers' time.

  • Guest
    Virender Rana Thursday, 01 October 2015

    Mr. Tan,
    In your post instead having any views on the above issue you have personally attacked me.
    I believe we should be talking about the issue and have the wisdom to absorb the thoughts of the contributors. If you do not like my views, you can just agree to disagree.
    I based my views my experience and legal background and I stand by them.
    I want you to provide views on
    1. The genuine temporary entrant requirements for student visa? and
    2. On the thousands of student working in 7-11 and numerous other establishments breaching their visa conditions now known as half pay scandal. I can bet they must have sweared on their SOP of following all the visa condition and having sufficient funds to fund their education.
    If we do not have the depth to discuss the issue of genuineness of the students coming to Australia to study and worried of just the next dollar to be made, then there will be many more unpalatable scandals brewing like the half pay scandal.

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