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Must-Read! Your Options After Student Dependent Visa Refusal In Australia

Receiving news that your visa application has been refused can be a distressing experience. A visa refusal history may lessen your family and your chance in getting your next visa application to Australia or any countries approved. Especially if you are an international student who just wants to include your spouse, common-law partner, or children to come with you during your study journey in Australia, but still get their Student Visa (Subsequent Entrant) application refused. What can be done after such refusal?? Here we will discuss thoroughly what options you have after getting your Student Dependent Visa (Subclass 500) in Australia – Subsequent Entrant application refused.

In a hurry? Here are the highlights of this article:

  1. Bringing your spouse and children to Australia on a Student Dependent Visa (Subclass 500) – subsequent entrant
  2. Application Process for a Student Dependent Visa in Australia?
  3. Student Dependent Visa (Subclass 500) – Subsequent Entrant Application Refusal in Australia
  4. How to make a successful application for a Student Dependent Visa in Australia?
  5. Student Dependent Visa processing time , conditions, fees and document checklist
  6. What we can do to ensure the success of your family’s next Student Dependent Visa in Australia (Subclass 500) Application

Bringing your spouse and children to Australia on a Student Dependent Visa in Australia (Subclass 500) – subsequent entrant

Australian Student Dependent Visa Refused

One of the benefits that an Australian student visa holder has is being able to include dependent families to migrate to Australia to accompany you during your stay. Your family has the option to migrate together with you to Australia, or to subsequently enter Australia on a later date (subsequent entrant applicant). Usually, subsequent entrant applications can be made once the main applicant is already granted a Student Visa or has entered Australia on their Student Visa.

Also read: Temporary Australian Visa Options: How Does Coronavirus Affect Me with Australia’s Borders Closed?

For your family members to be eligible for this visa, you must declare their details when you lodge your visa application, regardless whether they apply at the same time as you (accompanying applicants) or at a later time (non-accompanying applicants). If you do not do this, your family members will not be able to apply for a Dependent Student Visa to join you in Australia.

For Student Visas, your family member is:

  • Your partner, or
  • Your or your partner’s dependent child who is unmarried and has not turned 18 years of age.

Application Process for a Student Dependent Visa

Application Process for a Student Dependent Visa in Australia?

Once you have gathered all the conditions and requirements, your family members can apply for their Student Dependent Visa online through their ImmiAccount.

You will first need to make an account, and start filling out the online form. Eventually, you will be directed to a page where you upload your documents. Make sure you provide all the required documents to ensure the smoothness of your application.

Student Dependent Visa in Australia (Subclass 500) – Subsequent Entrant Application Refusal

The success of this visa application fully depends on how strong the application is in terms of documentation, financial, and ties to the home country your family members can show. Failure to provide the necessary information will result in a visa refusal. In spite of this, it is important to be aware that such a decision may not necessarily be the end of the road. You are still being able to achieve your migration purposes in Australia as there may be alternative options available for you to pursue.

First thing first..

a. Check for the reasons for your visa refusal

Check for the reasons for your visa refusal

A lot of factors can be grounds for a visa refusal including failure to show your genuine intention that is in line with your migration goals and failure to show a sound financial standing.

b. Will I be able to bring my dependent family after visa refusal?

Depending on the reasons for such refusal, you may be able to:

1. Apply for an appeal

If your family members’ student visa (subsequent entrant) dependent application is refused or cancelled while you, as the main applicant, are in Australia, you might have the option to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT).

The AAT is an independent organization that reviews government decisions. Inside the AAT, specialist offices review specific sorts of government decisions.

Not all decisions are reviewable by the AAT. For instance, if the Minister for Immigration personally decides to reject or cancel your visa under section 501 of the Migration Act 1958 regarding character tests, you cannot apply to have a decision reviewed by the AAT.

What will happen after review?

The review tribunal will settle on one of the following decisions:

  • Affirm: This is when the AAT agrees with the department’s decision to refuse or cancel your visa and so the decision that the department has given will stand.
  • Set aside the Department’s decision: Meaning that the AAT has the view that the decision should be changed. The AAT may replace (substitute) the decision with a new decision.
  • Remit the Department’s decision: Meaning that the AAT has the view that the decision must be reconsidered. The department is required to reconsider the application having regard to the directions made by the AAT.
  • No jurisdiction: Meaning that the AAT had no power to review the department’s decision.

Make Sure You Apply for a Review On Time.

It is very important to comprehend and know that when you receive a refusal or cancellation letter it will state how many days you have to make an appeal for that decision. In the event that you don’t do it on time you could lose the opportunity of your application being reviewed.

2. Reapply for a visa

Besides applying for a merits review, you will have the option to reapply for your Student Dependent Visa.

Sometimes, reapplying for a visa is preferable because it is more affordable than the AAT fees. When reapplying for a visa, make sure you have provided all the relevant documentation and information that can strengthen your Student Dependent Visa application so it won’t end up on another refusal.

3. Rebut the decision for your visa refusal

If you found out that the department has missed any document or information that you have, in fact, included in your visa application, you could send a rebuttal letter to the department.

It is important to include all your claims along with supporting information and documents. You can then send it to the Immigration and wait for their final decision.

How is the chance on getting the next visa application granted

Preparing and ensuring your next student dependent visa in Australia application is successful can be distressing. Not to mention your previous refusal that would be weighted towards your next student visa decision.

You would have to provide additional documentation and information to the required documents for normal applications. If you could supply the right documents, your chance to get your next visa application granted is high. However, the challenge is, how to be sure which documents and information to supply?

Think nothing of it, you should contact a Registered Migration and Education Agent who will make sure your next student visa application is completed and irrefutable. Get advice on what relevant information and documents to supply to the department based on your circumstance.

Be cautious! In the heat of these restrictions, You would literally be throwing your money away if you chose a Migration agency that doesn’t understand this or doesn’t put your case first.

Our sister company, ONE derland Consulting is different. We know that every client deserves to be heard. Our services are tailored to fit your individual circumstances and our top priority is getting YOU on the plane to Australia.

How to make a successful application for Student Dependent Visa in Australia

successful application for Student Dependent Visa in Australia

To avoid a Student Dependent Visa (subclass 500) – Subsequent Entrant refusal, you must make sure that you have had all the required and recommended documents ready before starting your application.

Speak to one of our study specialists for FREE here, and have your documents sorted out in no time.

You can refer to the Immigration website to find out the general requirements. But unfortunately, after a refusal, it would not be enough.

For your next visa application after refusal, usually you need to go beyond it. You should analyze your situation, qualification, and migration purposes to Australia personally.

Everyone is different, which makes each application different. For example, if your spouse or partner owns and manages a business in their home country, they may have to supply more documents than if they are employed and receive a monthly salary.

Make sure you provide supporting evidence and information for each claim and statement you make.

You have to pay attention to your family members eligibility to apply for the Student Dependent Visa in Australia, which include:

  1. Please note that your family members are not eligible to apply for a Student Dependent Visa in Australia (subclass 500) – Subsequent Entrant if you have less than one year to complete your studies in Australia, which is proven by the dates shown on your Certificate of Enrolment.COE Australia
  2. You cannot include your children as dependents to your Student Visa in Australia if they are older than 18 years old. In that case, your children will need to apply for their own Student Visa.
  3. Please note that the Immigration cannot grant a Student Visa to your child if they have turned 18 years at the time your visa is finalised. They need to apply for their own visa.
  4. Where the subsequent entrants are siblings (two or more children with no parent), your children must each make a seperate subsequent entrant student visa application to join you.

Also read: Australian Government Launches Visa Changes for International Students

Student Dependent Visa processing time, fees, conditions, and document checklist

After you submit your Student Dependent Visa in Australia (Subclass 500) – Subsequent Temporary Entrant application, you will have to wait for the decision to come out. The time to process your application until there is a decision may vary.

Student Dependent Visa in Australia (Subclass 500)

The immigration processes:

  • Foreign Affairs or Defence Sector
    • 75% of applications in 3 months
    • 90% of applications in 5 months
  • Postgraduate Research Sector
    • 75% of applications in 5 months
    • 90% of applications in 7 months
  • Non-Award Sector
    • 75% of applications in 6 months
    • 90% of applications in 12 months
  • Schools Sector
    • 75% of applications in 6 months
    • 90% of applications in 8 months
  • Independent ELICOS Sector
    • 75% of applications in 82 days
    • 90% of applications in 8 months
  • Vocational Education and Training Sector
    • 75% of applications in 4 months
    • 90% of applications in 6 months
  • Higher Education Sector
    • 75% of applications in 3 months
    • 90% of applications in 5 months

The above information is estimation only and your application may take longer or even shorter to get a decision from the Immigration.

Also, your application can take longer to process if:

a. You do not fill it in correctly

All the sections on the Immigration website require to be filled with correct information. Should you neglect it, your application may get refused or need longer time to process.

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b. You do not include all the documents or the Immigration need more information from you

If the Immigration requires new information from you, they usually will send you a separate request with a certain time frame for you to fulfill. This will prolong the processing time of your visa because the Immigration will not continue assessing your application until you have fulfilled each of their requests.

australia visa further request

You just received a Visa Request? Contact us here to get professional advice for securing your visa application!

c. It takes some time for Immigration to verify your information

Do not take this lightly. Student Visa is one of the visas affected by PIC 4020. It means that if you or your family members provide misleading or false information on your identity, current visa application, or a visa that you held in the 12 months before making your current application, the Immigration may refuse your visa.

Before refusing your visa, the Immigration will usually invite you to comment on their findings. They will notify you and ask you to provide comments within a specified time period if you do not satisfy them as to your identity, or if the Immigration believes bogus documents or false and misleading information has been provided, or you are affected by a non-grant period.

Notice of Intention to Consider Refusal

d. Non-grant period

If you or your family members get a visa application refused under the PIC 4020 because of a failure to satisfy the Immigration as to your identity, the Immigration might not grant you a visa (which has PIC 4020 as a criterion) for a period of ten years.

The Immigration might not grant you a visa (which has PIC 4020 as a criterion) for a period of three years if you or your family members have a visa application refused due to providing bogus documents or information that is false and misleading.

Such a period is also known as re-entry ban or exclusion period.

IMPORTANT NOTE: A re-entry ban or exclusion period cannot be removed, however Immigration may consider to set it aside if you can show very compelling reasons why they should put the ban aside for you after you got a previous refusal due to providing misleading / incorrect information. You could provide the supporting information and statement in writing along with your next visa application from outside Australia.

Read more: Getting A Student Visa Refused? You Have An Option To Reapply!

Besides due to misleading or missing information, Immigration can’t process your application if you do not pay the correct visa application charge.

e. Paying the Fees

You could use the Visa Pricing Estimator to get the estimated amount to pay based on the type of the visa you are applying for.

For example, for your partner and two children applying for a Student Dependent Visa (Subclass 500) – Subsequent Entrant from outside Australia, this will need to be filled out:

visa pricing estimation

The tool will then give you the visa pricing estimation:

visa pricing estimation 2

You can also include your dependents at the same time in one application of your Student Visa extension in Australia. If your study is affected or gets delayed whatsoever by COVID-19, you, as the primary applicant, may be eligible to get your Student Visa fees waived. Only pay for your family.

f. Adding Relevant Documents

Student Dependent Visa in Australia – Document Checklist

As a dependent to your visa, your family member will also need to show supporting and compelling documents, especially after a refusal of a Student Dependent visa in Australia.

The important documents you must prepare include, but not limited to:

  • Iden​tity​
  • Evidence of intended study
  • Welfare arrangem​ents for under 18 year old student​
  • Parental conse​nt
  • Health insu​rance​
  • Evidence of financial ​capacity
  • Evidence of English l​anguage ability​
  • Genuine Temporary En​trant requirement​
  • Change of nam​​​e
  • Relationship – spou​se, de facto partner​​​
  • Employment​ history
  • Migration agent – Form 956​ Advice by a migration agent/exempt person
  • Appointment or withdrawal of​​​ an authorised recipient – Form 956A
  • Evidence of school enrolment for dependants
  • Copy of your research (thesis/project) topic and your curriculum vitae or résumé.

We know the list can go on and on depending on your personal circumstances. Yet We Can Help You!

education one- onederland consulting - agent after visa refusal

What We Can Do To Ensure the Success of your family’s next Student Dependent Visa in Australia (Subclass 500) Application

Refusal of your Student Visa can be a devastating experience. However, contacting a Registered Migration Agent in Australia may be beneficial.

Aside from just giving you certain information and advice on your current status in Australia, a Registered Migration Agent can also help you with the best options possible in regards to your situation.

In addition, it is always nice to feel the security of hiring professionals to take care of your case, right?

If you are unsure of what the next step or options you have after student visa refusal or after receiving notice of intention to refuse, or if you want to discuss your visa matter, book a FREE Student Visa Consultation with one of our Career Development Consultants or contact us education ONE Australia through email at [email protected] or via phone on at 1300 083 663.

Free Student Visa Consultation with our Consultants

At ONE derland Consulting along with our highly experienced and professional Registered Migration Agents we have a dedicated team of consultants that will be on hand to offer you insight and assistance on your next Student Dependent visa in Australia.

We have years of experience in helping hundreds of international students to overcome their visa refusal no matter how complex the circumstances. We treat every individual differently based on their situation to determine the best options for their future visa. We look forward to assisting you with your visa and dreams of studying in Australia.

Also read: COVID-19 Concessions Allow Australian Alumni To Apply For 485 Visa From Outside Australia

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I hope you enjoy reading this blog post.
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I hope you enjoy reading this blog post.
if you wish to get help with your study and visa. Just book a call!