eSignature Legality for Job Applicant Rejection Letter in Australia

How to eSign a document: e-signature legality for Job Applicant Rejection Letter in Australia

hi everybody my name is Tracy Chen and welcome back to my Channel today we're going to talk about the top three reasons why Australian visas can be rejected or refused for those of you who don't know me I'm the principal lawyer at Mason Chen Law Group [Music] so first of all there are many reasons that your Visa can be rejected and this applies to a variety of different visas I'll explain the top three and then I'll also explain what visas is more likely to occur for now if your Visa does actually get refused depending on where you are if you're in Australia you probably can appeal the Visa meaning that you do have appeal rights if you are offshore depending on the Visa subclass however most of them wouldn't be available to be appealed so essentially you would have to relodge the Visa and people ask me you know if I've got a Visa refusal can I do another one well yeah of course of course they're going to also assess against a previous refusal but most definitely they'll take into consideration the new circumstances and information provided to them so reason number one incomplete or incorrect information on the application form so when you fill in any Visa in Australia you have to fill in quite a bit of information depending on the type of Visa it is it actually gets quite complicated and they ask for all sorts of information spanning back the 10 years you know they ask for addresses places you've traveled I can't even remember like my I dressed from two years ago a little more than 10 years ago however it's very important that you do fill it in because once you've filled in the application and you take yes to all the questions at the end you're actually agreeing that you have actually provided all the incorrect information to the department you've basically attested to it when you're you know ticking everything and acknowledging it and sometimes these things can come undone so for example if you have written on there all your past addresses and your partner has also filled an application form and at some point these addresses or something doesn't add up that to the department could be an incorrect or incomplete application and you could get refused for that so it's really important that you fill in all the correct information to the best of your knowledge now I do think that they do understand you can't provide all the information because you can't remember if that's the case don't be afraid to you know upload a statement just saying that you can't remember you know your address from you know nine years ago or something like just at least declaring something is better than not declaring because it could come across to them that you're doing it for the wrong reasons like you didn't want to tell them about it the other thing is that this could come across as incorrect false misleading information so I had a client who filled in application form a couple years ago now it was actually for a business Visa so it was a little bit different and when they filled in the forms there was something about you know have you actually committed any offenses and the client actually ticked no and at the time she didn't know then what happened is they went to do their police checks which is a part of many Australian visas you need to provide to please check and in that police check her criminal record actually showed offense from a very long time ago something like 1997 and this may have occurred you know 2015 or 2016. so something that was like you know almost 20 years ago and she provided that information to the department and the department came back and asked her to explain the situation there weren't too satisfied with her explanation so they actually came back and gave her a refusal now in this circumstance I do think it's actually a little bit unfair because I think in this case she genuinely forgot honestly it was 20 years ago I can't even remember what I did two days ago something you know when you're busy life goes on you know she had four children during that time I don't think it was completely Fair however her and her entire family got a Visa refusal because in terms of character if one fails all fails kind of thing and I'll do another separate video on that one day again I don't agree with that decision I believe that if she explained herself well it should have been accepted but it was refused now she came to me a couple years later and we actually relaunched the whole application again and that in the application we provided everything and we wrote from the beginning we ticked yes we've been convicted and all of their stuff and explained it provided statements it was a long time ago it was a very minor offense as well and later on the application was actually approved so it just goes to show how important it is to actually declare everything correctly because for example what it looks like to the department is that you tried to hide that information if you try to provide misleading information or false information so that's just an example of how incorrect or incomplete application can go completely wrong now this also applies to the documents that you actually upload so for example if you forget to upload a document most of the time they will you know give you time to remind you and all of that but there was a period where they just weren't putting up with that and if they didn't have the documents uploaded at the time they would refuse it there is some things that they do allow so for example you know please checks and stuff like that they understand that does take time but again it depends on the type of Visa if for example you're applying for a temporary graduate 485 Visa but for example if you had to provide a police certificate and the department asked you once to reminded you sent you the request and you didn't upload it the second time around you could just get a refusal if you don't respond or provide something within the 28 days or usually the time that they so I can't stress enough how important it is to have everything that is at least required at the time of application we as lawyers and agents we do understand what the department will allow and not allow generally speaking as I said if the police clearance and things like that it's not actually something that's statutorily required at the time then you should be okay but generally speaking we do like to have everything at the time of application because these applications are supposed to be decision ready we would only Lodge it with one or two pieces of missing information it was completely outside of our control and you know the clients Visa was expiring again within the means and you know what is actually possible if it's something that is actually required at the time we wouldn't be lodging up without the employee the second most common reason would be the failure to demonstrate that you're actually a genuine temporary entrant now this is actually a requirement across a lot of Visas so I thought I would definitely put it in as a top three because when I look at tourist visa refusals when I look at student visa refusals it's definitely one of the major reasons why why I refused so first of all what does a genuine temporary a genuine temporary means that you are actually genuinely coming to Australia temporarily on the Visa that you're applying for and when that Visa expires or when it's about to expire you will head back home now that is a requirement costs a lot of Visas so just to name a few tourist visa student visa temporary work visa the subclass 482 under the short term stream and to be honest they're actually quite strict on this because you know they've had a lot of issues in the past so what you actually need to do is provide the evidence in support that you are a genuine temporary entrant so sometimes people get refused because they just don't provide enough information let's say for example tourist visa one of the requirements is to demonstrate that you have a reason to return home because a lot of people will travel to Australia and then they never go back and you know because a lot of people want to live in Australia so you will need to attach evidence and documentation to support this so for example one of my aunties from China wanted to travel to Australia for a holiday now my auntie is actually quite as well established in China she has properties she has a job her children are in China her husband is in China she has everything there on top of filling out her application correctly I would provide the evidence for example I will provide her certificate a title for her assets for her property I get all that translated and attached that to the application I also get a copy of her bank statement showing her funds because if she has you know quite good money in China why would she want to stay here she'd want to go back to all her assets and money there in China sometimes you can even attach evidence of ownership of the car per marriage certificate birth certificate of a children to show that she would definitely go back to a family in China and for example her Employment contract the bank's then was showing her regular salary payments all of that is just super important if she has a stable job in China that does pay well they can see over the last six months that she's been consistently receiving salary in her bank that's also very good evidence so that's an example of how you can explain that you're a genuine temporary entrant if she has submitted an application and she didn't provide any of that documentation and maybe she just provided her marriage certificate and birth certificate of her children it's just not enough information so therefore she hasn't demonstrated that she's a genuine temporary entrant again the key thing they look for is just that you've got assets at home you've got a job you've got a reason to return the same goes for student Visas so the whole point of a student visa is that you come to Australia to study and then you go back home that is the whole point of an Australian student visa we all know that you know some people come to Australia they love it here they end up changing their minds and we look for you know permanent Visa Pathways but at the time you are you know making a visa application to come study in Australia the case officer wants to see that you are here to study temporarily that's it so it's really important to demonstrate your strong ties back home that comes in the form of a statement so it's really important what you do you know right in there I've seen some refusals come through where they said that the information that they wrote on the statement doesn't actually align with what's really happening in real life to them when they look at other supporting evidence so it's just really important with genuine temporary interesting is for student visas I would definitely be getting someone to help you with that it's definitely very clear what the case officers are actually looking for there and the last one is failure to meet the health requirement so in Australia for all Australian visas it's very important that you meet the health criteria so basically in short you do need to be healthy depending on the type of Visa that it is so temporary visas it's a little bit easier you know if you do have some health issues you know it should be okay however for the more permanent ones or you know some other temporary work visas the health criteria is super important because what they look at there is obviously the financial strain and burden of the Australian Health Care system in the future so I actually had a client who was applying for a business Visa and we did the Visa actually you know a couple years ago and at the time I think we applied it was all fine he didn't say anything to me and then I lodged a Visa and it kind of just went in the system and it was just years later a couple years later that's how long processing times are a couple years later they were at the end of processing the application and they asked him to go and do new health checks because health is something that you need to do every 12 months so if you did it like 14 months ago you need to redo it and then he calls me out he said something and I couldn't understand him at the time and I couldn't figure out what it was and he's just like oh I had a thyroid cancer you know like and I was like he didn't tell me this well we didn't talk on a daily basis and I'm sure he was going through a difficult time but he didn't you know call me to update me I'm the last person he wants to talk to he was having his hand at home and I thought oh okay um he's got thyroid cancer and he said I had declared to the health officers I'm like okay great and it depends on the type of Visa so there's things called Health waivers and all that anyway the type of Visa that he applied for they did the assessment and then I actually got contacted a few weeks later saying that they need a second opinion for oncologist and we got a second opinion from his oncologist and I actually looked all quite good and so we provided a statement from his oncologist to the medical officers we called the mock a medical officer of the Commonwealth they accepted the letter from his oncologist because they probably determined that it wouldn't be a huge financial burden on the Australian Health Care System but during the time I think he was really stressed out and he said to me he's just like why is this such a big issue and I'm like because of the Australian Healthcare System the burden and he goes I'm just taking a few pills you know I'll just bring it myself I don't need to you know use Medicare for this I have myself I have a lifetime supply and I was like it doesn't work like that because you know when you become a permanent resident or a citizen you know it's not like they can just deny your health care because you said so everybody is fair game so you know in The Unlucky it all worked out for him that's an example where you know they do look into that so it's really important now this comes into effect yeah you know generally people who are applying for Australian visas are pretty healthy so you know it's okay there are circumstances when people do have health issues and then obviously with people who are a little bit older you know parents and all of that they do look at that closely because you know as you grow older your health does deteriorate but in saying that it is the serious health problems anything that's minor that's also in line with the age you know they can accept but do get advice on that so if you know you have you know a serious health issue and you want to apply for an Australian Visa you know get the proper advice prior to that you know just tell you know your lawyer or your agent that you're Consulting the issue so that they can advise correctly because it may be something that would just be a flat out refusal so that's something to consider so that was your top three reasons why your Australian visa application can be refused so I think it's really important for you to consider that a lot of people most of the time applying for you know temporary visas anyway so what I explained in part two the genuine temporary intern is really important and then part one and three that applies to most visas you know you have to attach everything at the time of lodgement and all of that so it's something for you guys to keep in mind obviously before you Lodge any Australian Visa it's really important for you to get correct advice you know go see your agent go see your lawyer it's just super important now I hope you guys enjoyed that video please don't forget to like And subscribe now I do want to mention something Australian migration does change all the time and we keep people updated if you guys follow me on my socials I'm on Tick Tock I'm on Instagram I'll leave the handles Below in the description box however to stay up to date now I'll also leave the link to our Law Firm website below you can actually sign up and subscribe and you know keep up to date with everything so I hope you guys like that video please don't forget to share this with people who need it and I'll see you guys in the next video [Music] thank you