Five unwritten rules of the Department: “The success of your case depends on the case officer you get.”
There are written rules and there are the unwritten ones which could only be figured out by monitoring the Department’s approach towards refusing or granting applications related to a specific visa subclass.
So here are our top five picks of the unsaid or unwritten rules of the Department and some tips to set you up for success :
The success of your visa depends on the case officer you get : Believe it or not, it is a fact .While all the case officers follow the same rules and regulations whilst assessing an application, their interpretation of the law could vary substantially . It also depends on the nature of the individual as some case officers would like to dig a bit further if they have any doubts and some may not . With this being true , one can only wish that their case officers are as understanding as Salman Khan’s ( famous Indian Actor ) judges have been in their recent verdicts . Regardless of the nature of your case officer, your aim should be to try be as articulate as you can be with the presentation of your case . Make sure all the issues raised are addressed in a timely manner with justifiable submissions and evidence attached with it.
Decision ready files have higher chances of approval and are processed faster : A very important point to note here is that contrary to the popular belief, the case officer is under no obligation to provide you with the 28 days timeframe to provide the documents . There have been numerous applications refused without giving the applicant the 28 days timeframe and the decision has been made based on the information attached with the application . It is therefore in your best interest to present a decision ready application with all the documents attached .
No news is good news : It’s okay if you haven’t heard from your case officer for weeks or even months after all the requested documents have been submitted . No sarcasm intended here and we are damn serious when we say this . As long you have a valid visa ( even bridging ) which allows you to legally stay in Australia , its all good . Seeking regular updates would do you more harm than good as it may lead to further delays . One needs to understand that the Department is highly understaffed and the case officer would rather spend time making decisions than providing updates . Also, there is no way you can expedite the process unless you have exceptional compelling reasons to do so .
If you qualify for a visa today doesn’t mean you will qualify for it tomorrow: Migration planning levels are assessed on a regular basis by the Department . Most of the visa subclasses are capped with a limit on the maximum intake per year . Changes to the Skilled Occupations lists and State Nominated Occupations list is also a very a common phenomenon exeperienced at least once every year . It is therefore always advisable to avoid any delays in lodging a visa if you qualify for it because there is no guarantee that you will meet the eligiblity criteria if the rules change .
Follow the trend and you win : The Department wants you to act smart and follow the trends . The best example is that the 457 visa recently has been in news for all the wrong reasons. The Department therefore has been forced to go on what we term as a ” Mayhem Mode ” with 457s. The trend at the moment is that the refusal rate with 457 is going to be high and you should be seeking any alternatives you are eligible for. Another trend to watch out for is which tap the Department would open after cutting off the water supply to 457 applicants. ( Hint: Start admiring the country life ).
Concluding our article , we would like to say that up to date knowledge of the changes in migration law and being proactive in your actions is the key to success here . That’s all from us today. Speak to you soon .