Think twice before posting: Your Social Media Can Affect Your Visa
In today’s world, social media is an integral part of life. We share photos, updates, thoughts, and life events with friends, family, and followers. More and more people are also increasingly pursuing social media as a career, and sharing intimate details of their day-to-day lives on public platforms that are easily accessible by everyone.
Social media can be a creative outlet for many and even help them find a community of other likeminded people (e.g. other migrants who are establishing a life for themselves in a new country), but what many people do not realise is that what you post online can impact your immigration situation, sometimes in ways you might never expect.
Yes, you read that right - those innocent photos, statuses, or comments can end up having serious consequences on your visa status, future visa applications, and even lead to visa cancellations.
In Australia, the Department of Home Affairs (DHA), and even the Administrative Review Tribunal (ART) (as well as its predecessor, the Administrative Appeals Tribunal) is known to review applicants' social media profiles and posts as part of the visa assessment process, and can make certain adverse findings about a person’s overall credibility and satisfaction of the requirements for the grant of a visa.
Here is How Your Social Media Can Affect Your Visa:
Misinterpretation by the Department
Social media content can often be misinterpreted and/or taken out of context. In my experience as an immigration lawyer, I have seen cases where social media posts, whether they be photos, videos or comments are taken out of context and put to a visa applicant or visa holder for comment, and otherwise become a reason for visa refusal or visa cancellation. Administrative decision makers at the Department of Home Affairs and the Administrative Review Tribunal are not always able to see the full context of a post, and it is therefore easy for something innocent to be misunderstood.
Having represented many clients in such situations and worked closely with them to advocate on their behalf and resolve these misunderstandings, I appreciate how very difficult and nerve-wracking it can be to have to essentially fend off these accusations and explain yourself to the Department. While there is often an innocuous and plausible explanation to resolve these misunderstandings, it is ultimately better to try and avoid this altogether by being careful about what you share on social media.
Relationship Verification and Misunderstanding
One of the most common areas where social media is scrutinised is when you apply for a Partner visa, or where you have applied for another visa as a secondary applicant and must demonstrate your de facto or spousal relationship with the primary visa applicant. A simple post or photograph shared of you spending time with your friends and even an acquaintance can therefore create confusion and may lead to not only processing delays, but even a visa refusal.
For instance, the Department of Home Affairs may look at your social media to verify if your relationship is genuine, and a photograph you share of yourself with another person may even be seen as proof of you being in an intimate relationship with someone else other than your sponsor or family head. This can raise doubts about your relationship claims in your visa application, and lead to the Department finding that you are not in a genuine exclusive relationship with your sponsor or the primary visa applicant.
Financial Scrutiny for Student Visa Holders
If you are a Student visa holder or applicant, you should be careful about what you post about your financial situation. I have seen many international students in Australia share their frustrations online, whether on Facebook, Instagram or TikTok, especially when it comes to the work limitations tied to their student visa or how their inability to obtain employment in Australia has affected their financial circumstances. Most student visa holders are only allowed to work up to 48 hours per fortnight, and I appreciate that this work restriction can be quite limiting and even incredibly stressful, especially in light of the current cost of living crisis in Australia which continues to impact not only the Australian community, but also international students.
While I empathise with the struggles of international students, I find it necessary to remind all Student visa holders that the Migration Regulations prescribe minimum funds which are required to meet financial capacity requirements for a Student visa, and posting about your financial difficulties on social media can raise concerns for the Department of Home Affairs. The Department may interpret these posts as a sign that you do not actually have the financial capacity to support yourself in Australia, or do not have financial support that you claimed to have in your original Student visa application.
For example, many students rely on their parent’s income or other third-party financial support to meet the financial requirements for the Student visa. If these posts suggest that you are struggling to meet your living expenses, the Department might question whether your financial situation has changed since your visa application was lodged, or whether you provided bogus or false information in your Student visa application.
If the Department interprets this as failure to meet the minimum financial requirements necessary to hold your student visa, they may initiate the cancellation of your Student visa by sending you a Notice of Intention to Consider Cancelling your Student visa if you are presently in Australia, and they can otherwise cancel your Student visa without notice when you are outside Australia. They may also have reason to refuse any Student visa application you have lodged, or which you may lodge in the future.
Additionally, if your social media posts suggest that you may be working beyond the work limitations of your Student visa conditions, the Department may take this as evidence that you have breached the conditions on your Student visa, again potentially leading to further scrutiny of your visa for visa cancellation.
Violating Visa Conditions and Activism
Different visa conditions may apply to different visas, and certain visa conditions are tied to what you can or cannot do while in Australia. For instance, Condition 8303 prohibits participation in disruptive or harmful activities, and if your social media posts suggest that you are involved in activism or political activities that may potentially be seen as being in breach of your visa condition, this could put you at risk of having your visa cancelled.
Certain visa conditions also require you to only work in a particular nominated occupation or for a particular sponsoring employer, and if your social media posts indicate that you may be working in another occupation and/or for another employer, this may also be seen as a breach of your visa conditions.
Violating conditions, even unintentionally, can lead to visa refusals or cancellations, and may even make it more difficult to apply for another visa down the track. For instance, your eligibility for certain visas like the New Zealand Family Relationship (Subclass 461) visa and the Skills in Demand (Subclass 482) visa may be contingent upon you having substantially complied with the conditions of your previous visas. The Department of Home Affairs can be very vigilant in reviewing an applicant’s visa history, including through your social media activity, and if your social media posts or other records suggest you have failed to meet your visa conditions in the past, it could not only create issues with your current visa but also hinder your ability to obtain other visas in the future.
This means that if you have breached the conditions of any of your previous visas, even something as seemingly small as participating in a protest or not adhering to work limitations or restrictions, it could jeopardise not only your current visa status but also complicate your future visa applications.
Character Matters and Remorse
All visa applicants must generally meet the character requirements for the grant of a visa, and you are required to disclose whether you have:
been charged with an offence that is currently awaiting legal action;
been convicted of an offence in any country (including any conviction which is now removed from official records);
been charged or convicted of family or domestic violence offences or similar offences; and/or
been the subject of a domestic or family violence order, or any other order, of a tribunal or court or other similar authority, for the personal protection of another person;
-amongst other matters relevant to the assessment of character.
Where you have a previous charge that is awaiting legal action, a previous conviction and/or been subject to an Intervention Order (IVO) or Apprehended Violence Order (AVO) designed to protect someone else, you will be required to provide details of your offending, including the date of the charge, the outcome and any penalty imposed, sentencing remarks, court transcripts and a copy of all declared orders (for example, any domestic or family violence orders, child protection orders, or orders that prohibit you from having contact with another person for their personal protection).
You must also explain yourself to show that you still meet the character requirement for the grant of a visa. In particular, the Department may consider your past and present criminal and/or general conduct to assess of whether you are of good character. This assessment extends to not only the circumstances of your offending, but also your acknowledgement and understanding of your offending.
Recently, I have come across social media posts in which persons discuss the background of their offending and the resulting visa complications they have experienced, often in a way that could be misinterpreted as indifference or impenitence about the effects their offending may have had on victims and/or on the community. I therefore find it important to emphasise that in circumstances where your social media posts indicate a lack of remorse, suggest that you do not take responsibility for your offending and/or contradict any statement you have made about any rehabilitation efforts you have made, this may lead the Department to find that you are not of good character and potentially result in the cancellation of your visa or refusal of your visa application.
Visa Cancellation: The Migration Act and Your Social Media
In some cases, your social media posts could give the Department a reason to cancel your visa under the Migration Act 1958 (Cth). For instance, if the Department suspects from your social media activity that you are no longer eligible for your visa or that you provided false information during your visa application, the Department may initiate proceedings to cancel your visa under section 116(1)(a) of the Migration Act 1958 (Cth), which allows for the cancellation of a visa where the visa grant was based on a fact or circumstance that no longer exists, or under section 116(1)(d) which allows for cancellation of a visa where a visa holder provided incorrect information or bogus documents to obtain the visa.
Additionally, failure to notify the Department of significant changes to your circumstances after lodging a visa application, such as changes in employment, relationships, or living arrangements, which may otherwise be gleaned from your social media activity, can also lead to visa cancellation under section 109 of the Migration Act 1958 (Cth), which allows for cancellation of a visa where a visa holder has not properly notified about a change in circumstances.
Conclusion: Think Twice Before You Share That Post
Social media is meant to be fun and creative, but it is important to think carefully before posting about personal matters that could have an impact on your immigration status. All information, including social media activity, can be used by the Department to assess your compliance with visa conditions. What you post today can have long-lasting effects on your immigration journey, both now and in the future. Your posts could unintentionally create problems with your visa status, application, or even lead to visa cancellation.
If you are uncertain about whether your social media activity could impact your immigration matters, or have been asked to comment on any social media posts by the Department, you should seek professional advice about your next steps and obtain legal assistance with your response.
Our experienced immigration lawyers have helped numerous clients navigate complex immigration matters, including where information from third party sources (e.g. social media content) was used against them, and we are here to advocate for you and support you through this process. Should you have any questions, please do not hesitate to email us at info@inclusivemigration.com.au, submit an enquiry through our contact form or send us a message on WhatsApp.
