Wednesday, May 31, 2023

Amendment of Visa Applications by Australian Immigration


Australian Immigration has come up with a series of important changes during November:

  • There is Postponing of the introduction of the sponsored parent visas
  • A few Changes to the criterion of 4020 fraud public interest
  • New requirements meant for health insurance and not having a health care debt
  • New conditions stating temporary residents for using a single identity while dealing with Government departments and not engaging in criminal conduct.

These changes will influence visa applicants.

Temporary Sponsored Parent Visa Update

The Government had made an announcement previously about introducing the sponsored parent visas in November 2017. The legislation named as the Migration Amendment -Family Violence and Other Measures – Bill has not passed by the Senate. At present, it is with the Senate Committee for Consideration. Further information about this subject has awaited.

Changes to 4020 Fraud Public Interest Criteria

Changes have initiated to the 4020 Public Interest Criteria. This will result in refusing visa applications when misleading or false information is provided. Until now Immigration would observe information provided in the current application to be processed; or in a visa which was on hold by the applicant within the past one year; or an application which has refused in the last 3 years, but now the changes mean that an application is liable to be refused if misleading or false information is provided for Visas held/ applied Within the last 10 years. False information in a visa application, affects future applications for ten years. This clause is valid will apply for any visa applications made within the last 10 years, whether the application is given, refuse or taken out.

A common issue in 4020 is the failure to state past criminal records while submitting a visa application. The visa application form needs to include a declaration about previous offenses. When it does not complete correctly, it can start 4020 issues. This affects both the present as well as future applications, for the next ten years. These changes work with the aim that no misleading or false information is provided in the visa application.

Public Health Care Debts

The Australian Government has a concern about health care costs which has incurred by temporary visa holders in Australia which has not paid back. Visa condition 8602 requires temporary visa applicants not to have a public health debt which is outstanding. This applies to all medical costs owing to Australian state/territory/federal governments. In the event of it happening it could lead to cancellation of current visas and also make it hard to get successive visas.

Health Insurance Requirements Clarified

Temporary visas require that an applicant must hold appropriate health insurance for granting it and that they must also continue to hold it in Australia on their visas. Now the “additional adequate arrangements for health insurance” set further to the Migration Regulations. This permits the Minister to specify the type of health insurance which answers the needs of the visas. New health conditions affect people who need medical treatment and lead to obtaining proper health insurance.

Single Identity Condition 8304

With an intention to reduce the risk of identity fraud, a new visa condition 8304 has introduced which mandates all temporary visa holders to Use a single identity while dealing with Federal Government of Australia, or its State/ Territory; and If the visa holder changes his/her name, the same must be notified to the relevant agencies they are dealing at an early date and make sure that the change is given effect.

Criminal Conduct Condition 8564 and Violent/Disruptive Activities Condition 8303

Condition 8564 prohibits the visa holder to do any criminal activities in Australia.

Condition 8303 has expanded to prohibit activities that are likely to put individuals in danger or threaten them. This will make the Immigration easier to cancel temporary visas to persons involved in criminal /dangerous activities in Australia.