Visa Applicants’ Responsibility - Why Keeping The Immigration Department Updated is Important for Your Visa Status
Imagining not knowing what has happened to your visa status and discovering everything went wrong until it was too late. This is only because your recipient email address is not up to date.
As a visa applicant or holder, you must inform the Department of Home Affairs (DoHA) about any changes to your circumstances or any inaccuracies in the information you provided. Neglecting this responsibility may result in serious consequences, such as visa cancellation.
Understanding Your Obligation as a Visa Holder?
Under Section 104 of the Migration Act 1958, it is mandatory for visa applicants and visa holders to notify DoHA of any changes that affect any answers provided on their visa application forms. This could include changes in personal circumstances, such as:
Change of address or contact details (especially email address to receive DoHA visa updates)
Changes in employment or job status
Alterations in family dynamics, such as marriage, divorce, or the birth of a child
Furthermore, if you realise that you provided incorrect information in your visa application, on a passenger card, or in response to any invitation from DoHA, it is extremely important to rectify this situation promptly.
What Happens If I Do Not Inform the Department with the Changes of Circumstances or Incorrect Information?
Non-compliance with the obligation to inform the Department of changes or incorrect information may result in your visa being cancelled, and it will also impact your future visa applications. You may receive a Natural Justice letter (s57) which the Department invites you to comment on or a Notification of Consideration of Cancellation (NOICC), which gives you an opportunity to respond before the case officer makes the final decision. If you find yourself receiving any of the two notices from the Department, we highly suggest that you speak with one of our Accredited Specialists in Immigration Law to guide you through the next steps.
Update the Department with Changes of Circumstances Scenario
If the visa applicant applied for a Graduate Temporary Visa (Subclass 485) and stated their relationship status is “single”. However, while holding the visa, the visa applicant got into a relationship and may be planning to apply for a Partner Visa (Subclass 820/801) in the future. Then, the visa applicant is encouraged to update the Department on the change of circumstances to avoid future visa refusals.
Update the Department with Incorrect Information Scenario
The visa applicant currently holds a Graduate Temporary Visa (Subclass 485) and stated that they were “never married” in the SC 485 visa application. In contrast, the applicant was in fact in a de facto relationship. If the visa applicant wishes to apply for a Partner Visa (Subclass 820/801), he or she might potentially be providing inconsistent information, which may trigger PIC 4020 criteria, that could lead to a visa refusal. In this scenario, it is best that the primary applicant update the Department as soon as possible regarding incorrect information in the SC 485 visa application.
How Do I Update the Department?
There are multiple ways to update the Department. You can use these specific forms designed for visa applicants and visa holders to update the Department or simply update the Department through your Immi Account online.
Form 1022: This form is to notify the Department of any changes in circumstances that may affect your visa application.
Form 1023: This form is used when you have to inform the Department about any incorrect information you have provided.
How Can Agape Henry Crux Help
If you have received a s57 letter, a NOICC, or a visa refusal or cancellation letter, before taking any action, seek professional advice and assistance to protect your visa status. Contact Agape Henry Crux and speak with one of our Accredited Specialist Immigration Lawyers (s). As our team of immigration lawyers and registered migration agents who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
Client Testimonials
….we call it Support Network
As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.
These are their stories…
