Will it be difficult to re-apply student visa Australia after getting refused?
In our previous article, we have highlighted that a student visa refusal may result from various reasons. Moreover, many international students are not well-informed on the best step to take after getting a student visa refusal. In this article, we will focus on one of the available options, which is re-apply student visa. You may wonder if it will be difficult to reapply for an Australian student visa after getting refused. Thus, we will also discuss the possible challenges, and some important tips on how to make a successful application of your next student visa.
If you get a student visa refused while in Australia, some of the following reasons for refusal may be arguable, and in most cases, you may be eligible to approach the Administrative Appeal Tribunal (AAT):
- You failed to include a required document due to nescience.
- You failed to include necessary information due to nescience.
- You change your course while you are in Australia that mismatch your student visa stream.
The Administrative Appeal Tribunal (AAT) will review your case and study the reasons for refusal and the argument for your case very closely. You may be given the opportunity to supply further documents and/or provide reasoning or comments on certain decisions made to justify your wishes to obtain an Australian visa. The Administrative Appeal Tribunal (AAT) is authorized to affirm the primary decision, vary the primary decision, set aside the primary decision and substitute a new decision or return the case to the primary decision maker for reconsideration with specific directions. The primary decision maker is the Department of Home Affairs.
If you get a student visa refused while you are outside Australia, you will not have the option to appeal, but do not worry, you can re-apply student visa at any time!
When you have planned to study in Australia, you have chosen a program to study and plan for your arrival and new life in Australia, a student visa refusal is obviously not a good news.
Get yourself together, and first thing first, you need to identify the reasons for such refusal. Afterwards, you must make sure you have prepared all the necessary information and documents to be included in your next student visa application.
You can re-apply student visa at any time after visa refusal, once you get everything ready. However, please note that you are now having a visa refusal history so you must be more cautious when preparing for your next visa application. It is important to make sure you have provided all your claims to show that the Immigration’s decision to refuse your visa previously, is wrong. If necessary, you’d better consult with a Registered Migration Agent to get legal and professional advice for your next visa application.
Here are our tips when re-applying for student visa based on the reason of refusal:
1. You did not meet the living cost criteria
In case of a refusal due to lack of financial documents, make sure you can show that you have sufficient amounts to support your studies in Australia. The minimum amount to show may vary depending on your country of passport, chosen course in Australia, and if you have any dependent applicants who plan to migrate with you. Don’t forget to make a supporting statement on this, and provide your proof of income. For a certain country of passport, the immigration will review not only your financial documents but also your proof of income sources. Hence, you must at least be prepared with such documents once you plan to reapply.
2. Big gap of unemployment or education
In case of a refusal because you didn’t provide enough evidence to demonstrate why you could not get a job in your country of residence or for why you stopped studying and wish to continue now, make sure you have provided a statement with supporting documents on your activities during the gap. Make sure that such a statement and documentation shows that it is much more preferable for you to study in Australia now.
This will also be the reason as to why you would have incentive to return to your home country, namely to get improved employment.
3. Being unaware with your course program
In case of a refusal because the Immigration doubts your intention to merely study in Australia, you must make sure this time you supply a statement and supporting documents that show you have vast information on your proposed course. You could show how the course is preferable because it is either related to your background studies, employment, or experience, or to your future career plan in your home country.
4. Failure to show that you will stay temporarily to study in Australia
In case of a refusal based on questionable motives, in your future application, you must ensure the immigration that your motive is mainly to study, and your dependents mainly want to accompany you during your studies in Australia. And you intend to return to your home country on the completion of your studies in Australia.
Provide documentations to show that the Immigration’s suspicion is unreasonable.
5. Providing a fraudulent or bogus document.
If the Immigration’s integrity check showed that you have provided fraudulent or bogus information, they will end up denying your student visa. In some cases they may invite you to give comment on their discovery.
If this happens without you knowing, you must make sure you have provided genuine information or documentation in your next application accompanied with a strong statement as to why you ended up providing a fraudulent or bogus document previously.
Please be advised that giving fraudulent documents or information is a serious offense, and will lower your chance in getting a student visa. Therefore, make sure you have provided original and genuine documents and information in the first place.
6. Undertaking an unrelated program to your existing qualification.
A student visa can be denied because the Immigration is not satisfied with the credibility of your chosen course in Australia caused by major career change or downgrading, for example, you have a bachelor’s degree in English Language and have worked for many years in this field, and all of a sudden you want to pursue another Bachelor of Accounting in Australia.
In this case, you must make sure you have added more information and documents as to why this change of field or study level downgrading is most preferable for you in terms of your current circumstance and/or future plan in your home country.
7. Failed to respond to the embassy or immigration case officer’s requests.
After you submitted your visa, the immigration may ask you to provide additional documents, or to undergo a health examination.
Failure to do so during the given timeframe will end up in your student visa getting refused. If this happens to you, make sure this time you explain why you missed the requests. Where possible, you could provide the documents that were requested in your next visa application.
8. You have no concrete future plans in regards to the study course program in Australia.
Do you decide to study in Australia to support your future employment, study plan, or professional and/or personal development?
If you get a student visa refused due to the lack of such information, make sure you supply sufficient information and documentation this time.
9. You failed to provide evidence of your English language ability.
As you are required to have an acceptable English language score and the English test must have been taken within the last 2 years, failure to provide it will result in your student visa getting refused.
If this happens, assure that you have provided a recent English test certificate that has met the requirement in your next visa application.
10. Failed to meet health requirements.
If you do not do a health examination as requested by the immigration, or do not meet the requirements for the exam, this could be the reason your visa was refused.
If this happens to you, make sure you provide enough explanation on your next student visa application, and maintain your health so that you can pass your next health assessment without any disruption.
11. Failed to meet character requirements.
If your student visa has been refused because you as the applicant do not pass the character requirements for the visa, you must make sure you have provided all the information about your past conducts, and why the Immigration should consider granting you a student visa, in your next visa application.
What are some challenges to face when re-apply student visa?
1. Getting a new Certificate of Enrollment (COE)
Your COE shall be automatically cancelled once your student visa is refused. Now with a visa refusal history, you may find it challenging to secure a place in an Australian college or university. Do not get down yet, better to find a professional education agency who truly concerns your circumstances and knows what to do next for you. They can help assist you to enroll with your preferred course program.
2. Supplying the necessary documents
One of the biggest challenges when re-apply student visa is to know which documents and / or information to supply for your next visa application. They should be personalized based on your circumstances and the reasons for your previous student visa refusal. Save all the troubles, and get assistance from a professional Registered Migration Agent.
When is the right time to re-applying for Australian student visa?
If you are in Australia, you must submit a new visa application in no later than 28 days from your previous student visa refusal. This way you will not be overstaying.
If you are outside Australia, you can submit a new visa application anytime after refusal. However, it may depend on your personal circumstances and your country of passport, consult with a Registered Migration Agent to know the best time to re-apply student visa.
Can I apply for another type of Australian visa after student visa refusal?
It will depend on whether or not you have met the requirements for your next visa. If yes, please note that the immigration will consider your previous student visa refusal when deciding for your next visa application. Consult with an Australian Registered Migration Agent directly before applying for your next visa.
We hope the information can bring you out of the darkness. Reapplying for a student visa can be really tricky if we don’t know what documentation or information to supply based on our circumstance.
Education ONE, as part of the ONE derland Consulting group, has extensive experience dealing with different types of visas and complex cases including student visa refusals and cancellations.
ONE derland Consulting is directed by Mrs. Indah Melindasari, a registered migration agent (MARN 0961448) with years of experience in handling complex visa applications such as refusal, cancellation and withdrawal, as well as AAT appeals with 99 % success rate.
In case your student visa is denied by the Australian Immigration, don’t panic.Say hi to our consultant here and get your student visa refusal case getting assessed by our team.