You must comply with and understand all visa conditions, and be truthful on all representations made to the DIAC.
Your entire life history is considered by the DIAC in all visa applications.
No one is exempt. Even inadvertent breaches can jeopardise future visa applications (as Kim Kardashian recently found out).
The reality TV star advised the DIAC that her Australian visits in 2007, 2010 and 2011 were for holiday purposes however the DIAC concluded her paid appearances at various in-store events (where she is said to have earned in excess of $1m) were business related and therefore represented breaches of her tourist visa conditions.
She is now on a DIAC watch list which could jeopardise any future trips to Australia.
Whilst The Migration Place believes she would qualify for a distinguished talent visa, she would now need to explain her repeated breaches to the DIAC before any future visa application would succeed.
A visa applicant’s visa history is taken into account by the DIAC when considering whether the applicant satisfies the character test, so it is imperative that you both understand your visa conditions and obey them strictly.
The DIAC are also known to interview people entering Australia, where they have held more than 2-3 temporary visas (temporary visas include working holiday visas, tourism visas, student visas and 457 work visas), and to interview them by reference to google-aided searches and other databases.
Typical breaches of visas include working whilst on a tourism visa, or entering Australia on a tourism visa with the intent of lodging a further visa application.
If you have any doubts about whether you have breached your conditions or not, then you should ensure that you engage an experienced migration lawyer ASAP, so that they can:
- Advise you on your risk profile, and how to minimise that risk.
- Check and run your visa application, given the increased likelihood that the DIAC will ask extra questions, and the increased likelihood of requiring the migration review tribunal’s assistance.
- Prepare submissions to deal with any queries on your character – whether these queries be related to your visa history, your police record, or any prior bankruptcy issues.
The Migration Place has years of experience in migration law, criminal law and insolvency law to be able to prepare these submissions for you.