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What are my chances of getting a 188 visa approval if I have been denied such a visa once?

I submitted my first 188 visa application in 2018. Unfortunately, it was denied. After weighing my options, I still think Australia is the ideal destination for me and the 188 visa type fits my needs best. What are my chances of getting approved this time?


Answers
  • Regis Gateways Pty Ltd
    July 09, 2020

    It really depends on the reason for decision of refusal for your first 188 visa application. If it was based on failing the test of health, character or PIC 4020-submission of bogus/inaccurate information, then the second visa will be unlikely to get approved. If it was based on insufficient evidence, or ineligibility of business background, shortfall of assets, then you need to assess your current eligibility status to see if it matches 188 visa requirements before sending in your next application. You are advised to provide sufficient information before seeking professional advice so that your advisor can tell you if your application is ready/suitable for lodgement.

  • Quentin Kuo Law + Immigration
    May 07, 2020

    As a matter of law and policy, the refusal to grant a 188 visa should not be weighed in if it has been declared. Immigration policy states in various sections that the details of a refusal may be precluded from decision-making materials if it is passed 12 months. Your application is in 2018, which has passed the 12-month consideration period. In fact, many clients engage registered migration agents or immigration Lawyers so that they can do it right the 2nd time or application. In any case, your options remain the same that you can lodge the application in the same manner as last time or you can engage an immigration lawyer or registered migration agent to assist you with a new application in different subclasses of visa if you 188 visa is no proves to be less ideal.

  • May 02, 2020

    You need to check your visa refusal letter whether you will be eligible to apply for any visa.  Apart from specifying reasons for refusal, the letter would also specify any period of ban (exclusion period) that apply to you to apply for a new visa.  If no period of ban (exclusion period) is mentioned or you have completed the exclusion period, you may apply for the visa if you meet all current relevant visa eligibility criteria.

  • Australian Visa Options
    May 02, 2020

    Each visa application is determined on it's merit. If you meet the legislative requirements for the grant of the visa the previous decision would not have any effect unless the previous application was refused for health and character issues or providing false documents. Without knowing the reason for the previous refusal it is difficult to give an opinion on whether this subclass of visa is the best option for you.