Incomplete 457 applications risk refusal!



The Department of Home Affairs have adopted a new approach commencing from 15 January 2018 to deal with incomplete applications for subclass 457 visa. This attempt is made to reduce the ongoing processing times and backlog of applications.


As per the new arrangements, an application may be refused if it does not meet a specific criterion at the time of initial assessment due to lack of supporting evidence, without providing an opportunity to comment or provide outstanding documents. This will apply under circumstances where no natural justice obligations exist and a grace period of two calendar days have passed since the incomplete application was lodged. This will impose a huge risk to potential applicants not only to their current application but may also impact their future visa applications.


However, the above approach will not be applicable in certain matters including where:


  • Evidence to meet the health and character requirements is outstanding.

  • A “reasonable and satisfactory explanation” is submitted to address the reasons for lodging an incomplete application.

  • A related application is pending which must be decided before the current application.


It is highly recommended to lodge a complete visa application to reduce the overall assessment and processing times and avoid requests for further information from the department. A visa refusal may also impact your eligibility for future visa applications. For instance, for certain applications to be lodged onshore, you must hold a substantive visa to proceed.


Our team at SCA Connect works closely with clients to ensure that their applications lodged are complete, decision-ready and well presented with all the supporting documents in accordance with the latest regulations.


Reference:


https://www.homeaffairs.gov.au/trav/work/newsletters/january-2018


Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case specific information or advice, please contact SCA Connect.


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