Your immigration questions answered

I am Bharat Bhushan Verma from Sydney. I am on a subclass 572 visa. My visa is about to expire - I have to extend it for a year. I am from India and at the time of making an initial application for a student visa I had gone to an agent in Punjab who did all the paperwork for me. At that time I was married with one child but did not want to bring my family to Australia as I wanted to come and settle here by myself. Now I am settled and approached my agent in India to ask him to organise my wife’s visa. After much dilly dallying, the agent did not do anything. I have managed to get hold of my initial student visa application with great difficulty from the agent. It came as a great shock to me that the agent has not mentioned my correct marital status in the application form for a student visa which shows me as a single person. I want to invite my wife and child here in Australia as dependants. Please guide me on what to do.

Bharat Bhushan Verma, Sydney

Dear Bharat

Please note that it is essential that

By Amit Baijal

all information that is provided to the Department of Immigration and Citizenship on any departmental form has to be accurate. If you forget to mention something on the application and realise it later on you must bring it to the attention of the Department using the appropriate form for Notification of Incorrect Answers.

You must also understand that it is a requirement for the applicant that they continue to update the Department about any change of circumstances that occur during the time period when they have lodged the application for a visa and till the time a decision is taken on the Visa application. For example if when you lodge the application for a student visa, your marital status is single but you get married during the time your application is in process, this would require you to notify the department about the changes in your circumstances. There is a form available from DIAC called “Change of Circumstances”.

In your case your agent has failed to diligently fill the form but in the end the entire responsibility resides with you as you are the main applicant for the visa. It is you who has signed the application form and declared that everything in that application form is true. As you have also mentioned that your current student visa is about to expire, I suggest that in the new student visa application that you make, you advise the Department of Immigration and Citizenship about your correct circumstances and also ensure that the new visa application contains all the correct details.

You may not be able to apply for your spouse and child to be added to the application that you are about to lodge for your extension of the current student visa as your family is currently offshore and you are making an application for a student visa in Australia. In order for your family to be included in your student visa application, your family must be onshore at the time of lodgement. In your case once you are granted an extension of your student visa you would have provided the Department the correct details about your family structure.

Subsequent to the grant of your student visa you may then apply for a separate application to get your family to join you in Australia as your dependents.

Please note that individual circumstances may differ and the above information is generic in nature. It is strongly recommended that you speak to a registered migration agent prior to taking any decision based on the above information. Please visit MARA website www.mara.com.au for a list of Registered Migration Agents.

If you would like your specific question to be answered please email us at amit@visainfo.com. au

You may contact Amit Baijal for further information on | 02 9233-3128 or 02 9231-2651

Level 9, Suite 3A, 428 George Street, Sydney NSW 2000

MARN: 0746261 MMIA: 3143

QEAC: D019