For my profile, will there be any chance for 489 visa to be denied

Hi,

I am Sasidhar, from India, but currently working & living in US on H1B visa. My first cousin is an Australian citizen. I am planning to apply for 489 visa through my cousin brother's sponsorship. Can you please let me know if there is any chance for a 489 visa to be denied and if its there, what is the probability.

I saw that in case the points requirement is met, and the documents supporting them are strong enough, then there usually wouldn't be chance for the 489 visa to be denied. Is it true.

Hi Sasidhar -

Thanks for the note. By "cousin brother" I assume you mean a first cousin who is a male, and shares a pair of grandparents with you. If so, that would appear to be an allowable family relationship to sponsor as first cousins are allowed to sponsor for the subclass 489 visa.

There is always a chance for any visa to be refused - there simply is no such thing as a 100% guaranteed visa that I know of. With points tested visas, the details of the supporting documentation, especially for work experience claimed for points, is absolutely critical. You can have the strongest evidence, but if DIBP decides to verify it and whoever answers the phone at your current or ex-employer says the wrong thing, you can have problems. If you want an assessment of the vulnerable areas of your application, that's something an immigration lawyer or migration agent can help you with, but even with a highly experienced professional, there's no way to predict with any specific accuracy the chances of success - we can certainly provide a rough estimate, but there are always variables that are out anyone's control. Add to that vague words like "genuine", "compelling" etc used in the law that can be anything to anyone and it creates a fluid situation where things simply aren't predictable with any great amount of accuracy. The best you can do is to take all steps ahead of time to maximise the chances of success and reduce the risk as much as possible.

Hope this helps -

Best,

Mark Northam

Hi Mark, thanks a lot for providing detail information. I am mainly concerned about Skill assessment by ACS for the occupation - Software Engineer. I got Masters degree (2 year full-time course) in Computer Science from State University of New York Polytechnic Institute (SUNY Poly) located at Utica, NY, USA, and 6 months of relevant, unpaid internship experience.

Can you please let me know if that would suffice to get positive skill assessment by ACS.