Common Immigration Mistakes
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Immigration applications are often refused or delayed because of avoidable mistakes. Understanding these common pitfalls can save you thousands of dollars in fees, months of processing time, and significant stress.
Application Errors:
- Overclaiming points: The most common reason for skilled visa refusal. Applicants claim points for experience or qualifications they cannot substantiate. The Department verifies every claim — if your actual points score falls below 65, your application is refused and the fee (up to $4,640) is non-refundable.
- Wrong skills assessment body: Each occupation has a designated assessing authority. Getting assessed by the wrong body means your assessment is invalid and your application will fail.
- Insufficient relationship evidence for partner visas: Providing only photos and a marriage certificate is not enough. You need evidence across all four criteria: financial, household, social, and commitment aspects.
Visa Condition Breaches:
- Working beyond visa limits: Student visa holders working more than 48 hours per fortnight during term time face visa cancellation. Visitor visa holders who work at all breach their visa conditions.
- Employer non-compliance: On employer-sponsored visas, if your employer fails to pay the TSMIT or meet sponsorship obligations, both the sponsorship and your visa are at risk.
Timing Mistakes:
- Letting visas expire (overstaying): Once your visa expires, you become an unlawful non-citizen. Even a single day of overstaying creates a 3-year exclusion period for most visa applications.
- Missing Bridging Visa protections: If you apply for a new visa while your current visa is still valid, you generally receive a Bridging Visa A. If you wait until after your visa expires, you may not be eligible for a bridging visa.
- Missing review deadlines: Merits review at the Administrative Review Tribunal must be lodged within strict deadlines — 28 days for most decisions, 7 days for detention decisions. These deadlines cannot be extended.
When does it apply?
- You are preparing a visa application and want to avoid common errors that lead to refusal.
- You are on a temporary visa and need to understand your visa conditions to avoid breaches.
- Your visa is approaching expiry and you need to plan your next step before it lapses.
- You have received a visa refusal and want to understand what went wrong before reapplying or seeking review.
What should you do?
- Read your visa conditions carefully using VEVO (Visa Entitlement Verification Online) on the Department of Home Affairs website — VEVO shows your exact visa conditions and expiry date.
- Apply for your next visa before your current one expires — this triggers a Bridging Visa A that lets you stay lawfully while the new application is processed.
- Only claim points you can fully substantiate — have your evidence ready before submitting the EOI, not after receiving an invitation.
- Use a registered migration agent — check the OMARA register to confirm they are licensed. Agents can identify issues you might miss.
- Set calendar reminders for visa expiry dates, review deadlines, and condition requirements (like the 48-hour work limit reset dates).
What should you NOT do?
- Don't ignore a Notice of Intention to Consider Cancellation — failing to respond means the Department will decide without your input, which almost always results in cancellation.
- Don't use unregistered migration agents or visa consultants — they may give incorrect advice, and you have no recourse if something goes wrong.
- Don't submit the same refused application without making changes — if the reason for refusal has not been addressed, the same outcome is likely.
- Don't assume a tourist visa lets you work — even unpaid work or volunteering can breach visitor visa conditions in some circumstances.
- Don't travel on a Bridging Visa A without first obtaining a Bridging Visa B — a BVA does not include re-entry rights, and you will not be able to return to Australia.
Common Questions
When does common immigration mistakes apply?
You are preparing a visa application and want to avoid common errors that lead to refusal.You are on a temporary visa and need to understand your visa conditions to avoid breaches.Your visa is approaching expiry and you need to plan your next step before it lapses.You have received a visa refusal and want to understand what went wrong before reapplying or seeking review.
What should I do about common immigration mistakes?
Read your visa conditions carefully using VEVO (Visa Entitlement Verification Online) on the Department of Home Affairs website — VEVO shows your exact visa conditions and expiry date.Apply for your next visa before your current one expires — this triggers a Bridging Visa A that lets you stay lawfully while the new application is processed.Only claim points you can fully substantiate — have your evidence ready before submitting the EOI, not after receiving an invitation.Use a registered migration agent — check the OMARA register to confirm they are licensed. Agents can identify issues you migh...
What mistakes should I avoid with common immigration mistakes?
Don't ignore a Notice of Intention to Consider Cancellation — failing to respond means the Department will decide without your input, which almost always results in cancellation.Don't use unregistered migration agents or visa consultants — they may give incorrect advice, and you have no recourse if something goes wrong.Don't submit the same refused application without making changes — if the reason for refusal has not been addressed, the same outcome is likely.Don't assume a tourist visa lets you work — even unpaid work or volunteering can breach visitor visa conditions in some circumstances.D...
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