With the Department of Immigration tightening the rules for various Australian visa applications and the growing number of applications, it has become imperative that prospective applicants get timely and correct advice from qualified professionals.

In Mr and Mrs Patel case, they have learnt it the hard way that heeding advice from un-regulated sources can lead to complications and heart ache.

Immigration laws are continuously evolving with constant updated regulations, rigorous training is the only way to keep up with the dynamic nature of trying to manage migration applications. 

Mr Kumar Patel arrived to Sydney from India in 2007 to pursue his higher education, went on to finish his qualification and applied for his post study work (485) visa. His wife, Asha joined him after his studies as a dependent on his 485 visa. She had a Bachelors degree qualification from a leading university in India and in the last year and a half began to appreciate the value of an Australian post-graduate degree. 

Kumar says "She's intelligent and wanted to further her skills and career and we've got the funds to fulfill her dream of going to an Australian University." Kumar had used an education agent to assist in applying his initial student visa and went back to them for advice on University options for his wife. While getting her Confirmation of Enrollment (COE), Kumar got talking with the staff and asked them if it was possible that his wife could apply for an onshore student visa while she was a dependent on his 485. 

Kumar says "I had been told, I was eligible to apply for an onshore student visa, my wife and I would have to go offshore if we intended to apply for a student visa with her as the primary applicant and me being her dependent. We were intending to go overseas for three month while her visa application was under process. There was a wedding in the family and we were even assured that shifts at work would be available on our return. All in all we were looking forward to a well-earned vacation"

Kumar was advised by the staff at the education agency that they could in fact apply for an onshore student visa where his wife was the primary applicant and he was the dependent. He says "I thought they deal with cases like this day in and day out and I thought they knew what they were talking about" Heeding this incorrect advice, they applied for a student visa onshore with his wife as the main applicant.

A few weeks later their application was refused and now they have no idea what to do, Kumar says "My wife's classes start soon, orientation is already done, we have no idea if we should apply for review or if we should go back home and apply for the next intake. We've already paid thousands of dollars for this semester's fee"

There is a reason that the Migration Agent's profession is so closely regulated and qualified professionals have to undertake regular rigorous training and constantly keep themselves updated. With the changing nature of the industry one needs to be vigilant regarding the smallest of changes and how it affects actual visa applications.

Sometimes well-meaning friends or even people working in related field may try to help one out with advice and suggestions, however it is highly unlikely that the advice might be timely, correct and complete. There are clear definitions of Migration assistance and what constitutes as assistance in the legal framework of Australia. And un-qualified or under-qualified persons giving migration assistance or advice is against the law.  

According to the extract from the explanations of Australian migration law;