Argh! 3 year ban applied.

[et_pb_section fullwidth=”on” specialty=”off” admin_label=”Section”][et_pb_fullwidth_post_title admin_label=”Fullwidth Post Title” title=”on” meta=”off” author=”on” date=”on” categories=”on” comments=”on” featured_image=”on” featured_placement=”background” parallax_effect=”on” parallax_method=”on” text_orientation=”center” text_color=”dark” text_background=”off” text_bg_color=”rgba(255,255,255,0.9)” module_bg_color=”rgba(255,255,255,0)” title_all_caps=”off” use_border_color=”off” border_color=”#ffffff” border_style=”solid” title_font_size=”36px” /][/et_pb_section][et_pb_section admin_label=”section” transparent_background=”off” background_color=”#ffffff” allow_player_pause=”off” inner_shadow=”off” parallax=”off” parallax_method=”off” padding_mobile=”off” make_fullwidth=”off” use_custom_width=”off” width_unit=”on” make_equal=”off” use_custom_gutter=”off”][et_pb_row admin_label=”row” make_fullwidth=”off” use_custom_width=”on” width_unit=”on” custom_width_px=”700″ use_custom_gutter=”off” padding_mobile=”off” allow_player_pause=”off” parallax=”off” parallax_method=”off” make_equal=”off” parallax_1=”off” parallax_method_1=”off” column_padding_mobile=”on”][et_pb_column type=”4_4″][et_pb_text admin_label=”TextDoes a 3 year re-entry ban . . .” background_layout=”light” text_orientation=”left” text_font_size=”24″ use_border_color=”off” border_color=”#ffffff” border_style=”solid”]

Does a 3 year re-entry ban mean I’ve no Australian visa options left go back to Australian?

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Many feel like the route back to Australia has been cut off to them forever but in fact they still have options to apply for a visa for Australia.

Unfortunately there’s no getting rid of them once they are applied by the Australian government, so simple first step, please, please don’t overstay your temporary visa in Australia.

If you can help it and most times you can by being aware of when your visa is going to expire and taking steps to submit an application for a new visa if you want to stay before the expiry date.

Also don’t leave it until the last-minute to do something. At the last-minute, the universe can plot against you. Your internet connection will break down, your credit card will be declined and so on. Prepare and submit a new application early if its possible.

If not, make plans to get out of Australia. If you get out of Australia after your visa expires, the re-entry ban will be applied automatically.

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Now here’s the good news . . .

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You still have Australian visa options if you are interested in pursuing a permanent residency visa and of course you are eligible. Skilled migration visas are the category to look at.

Check out my new video where I talk about what you can and can’t do when you have re-entry ban in place.

Hope you find the video helpful, if so, please like it and share it with your friends. I would really appreciate.

I would love to hear from you. Have you been on the receiving end of a re-entry ban? Did it spoil your experience of Australia, would you go back?

Please share your thoughts, stories and ideas in the comment section.

Thanks for watching the video!

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533 Replies to “Argh! 3 year ban applied.”

  1. Hi Mege,

    You are doing a tremendous job by giving helpful feedback regarding Australian immigration. I had a student visa in Diploma of Business in 2009 and applied for Diploma in Accounting in 2010. I then applied for refugee visa which got rejected and I did not extend my student visa during this period. I overstayed for 3 years and was told to leave in 2014. I willing left Australia and had a re-entry banned for 3 years.

    I would like to know I have realized my mistake and I have completed the three years ban. Can I apply back to Australia through genuine intention for visit visa or temporary visa.

    Thank you.

  2. Hi I’m Aman

    I was on work visa from Nov’2017 till Nov’2019, however yesterday at the airport, the ABF(Australian Border Force) officers banned me from coming to Australia for 3 years and at the moment I’m in Detention Centre here in Australia.

    I got banned because of Illegal pornography on my phone as per them which I didn’t agree as I know what stuff I have in my phone. First, I told them yes I do have but they all are from the whatsapp group on which I don’t have any control and all the pictures and videos gets automatically saved in your gallery unless you change the settings not to save data from whatsapp. On saying this, the officer who checked my phone said that it wasnt from whatsapp group and it was downloaded. On that moment, I was very nervous about the situation and nothing was coming in my head, however later when I was in Detention Centre, I realized that I have some of my friend’s Son nude pictures in my phone who is just 5 years old and it was taken in a good mood and with the permission of everyone out there but now I believe that the officer took it the other way and made it as child abuse which it wasn’t.
    Morover, when I asked him to show me the phone and make him explain the things more clearly, he refused to show me the phone and straight away seized my phone.
    Is it correct?
    Can I still apply for permanent residency for Australia during my 3 years ban?
    Also, want to ask to make my way back to the country from where I came or my home country, do I have to pay for the ticket or the ABF or the Airlines from which I flew earlier?

  3. Hi I am Sarab. My son went to Australia in 2015 for higher studied. After 2 years, he applied to extent his study visa by one year. But got refused. Then he applied for MRT. Now, I want to visit him. How can I get the visitor visa?

  4. Hi,I am from nepal I had a three year band which was from 2013 July 17 now it’s completed, so I am planning to apply for 457 visa I already work as chef in Italian restaurant in Sydney and had completed my certificate iv in commercial cookery and I have a ready sponser who will hire me as a chef is there any chance of rejection.coz I was rejected for this visa during my band period once..can u please give me some idea about it .reason for my band was not completing my studies on time .when I was refused for student visa I went to MRT and I was rejected there as well but I had few weeks course left so my lawyer gives me idea to write letter to ministerial for asking more time to finish the course I did the same and finish my course and get back to my country but in the immigration departure the told me I was band for three years for being unlawful by writing to ministerial….so I am confused now will get visa or not….

  5. Hi,
    My ban is up in 1 year and I’m wondering :

    1- if I can re-enter on a tourist visa to sort out the belongings I left there

    2- ive recently started dating an Australian guy and wondering if we’re still together in a year would I be able to go visit, or get a visa of some sort to move there with him?

    Any help would be greatly appreciated x

  6. Hi, MY sister has got 5 years ban to enter into Canada because she has applied a family case and there were some fake documents so these all applicants got the ban for 5 years, is there are chances to get a study visa of Australia

  7. Hi Mege,

    I was in Aussie from 2006-2014 as an international student from Brazil. I then open a Pty Ltd to sponsor myself on a 457 however my visa and nomination were denied and to make matters worse my then migration agent instructed me to depart Australia so then she could apply for another 457 while I was away.
    Unfortunately for me my lawyer let me overstayed my BV for 2 weeks and I only discovered that recently.
    I have TRA cert in painting and decorating and band 6.5 Ielts, 39 years old.
    My question how can I know if I have a ban at all?
    Also can I apply for sponsor ship as I’ve found a business in Brisbane willing to do so but I’m overseas?

    Thank you in advance.

    Looking forward hearing from you

    Antonio

  8. Hello ,I’m French and in 2016 I left of Australia 2 months after my visa be canceled.
    At the airport the immigration asked me why, ( I was in depression) and I explained it then he (a man) told me “no worries” and understood me..
    He didn’t tell me that I was ban for 3 years.

    Now I’ll need to back there in few months if God wants but can I do it ?
    Sorry for my poor English and thank you for your answer

    Sincerly.

  9. I was in Australia on full government scholarship for four year Bachelor Course from 1997-2000. I was granted student visa but was given only for three years. During the process of visa extension assisted by the DIMA delegate on university campus, due a minor documentation problem regarding the financial capacity my visa was refused. I appealed to the Migration Review Tribunal but sadly the initial decision was affirmed as I was no longer a full time student at the time of decision. Honestly when the hearing was conducted, by then I have already completed my degree course and was about to return to my home country. The tribunal decision is online. Now after 17 years in government service am planning to study in Australia and just wonder would my past visa refusal 17 years ago affect the new student visa application? Please advice

  10. Hi Mege,

    My tourist visa had been cancelled and i got s48 and pic 4013.

    Does S48 block me for apply temporary visa in the future after 3 yrs ban finish?

    Please answer me

    Thank you

    Regards

    Jeany

  11. Hi mege .I was in australia in australia from 2008 -2016. Finish my diploma for 2 years and I apply for further visa for bachelor but was rejected bcos of insufficient fund s. Than I apply for mrt and decision was,negative and after that I apply protection visa but I withdraw before any out come . And m not over stayed inin australia .is any ban on me
    Thanks
    Jatin

  12. Hi Meg,

    I am Rizwan Origin in Pakistan I have moved in Australia on September 2007, but my visa it was expired on march 2011, but i have overstayed 5 years then i left Australia as a Volunteer, i got 3 years banned which is expired on November 2019. After 12 November 2019 i am able to apply Permanent visa? I thing i need to know is there any complication to apply permanent visa because in visa form it mention are you excluded any country accept Australia. Is there any problem to apply visa in Australia.

  13. Hi
    I have been convicted and had 1 year good behaviour bond.
    I have followed what was given in my court order.
    But my lots of character certificates disapproved.
    My visa was refused and haven’t given 28 days time, or even immigration didn’t informed my agent nor they update on vevo check about my refusal
    Border protection unit stormed in my home and took me straight away to detention centre,
    Now I don’t know what to do.
    I just want go back my home country. If i choose for review, they will keep me in detention centre up to out come of my appeal. I am not hardcore criminal, I don’t want to stay in detention centre. My parents are worring too much.
    Please advice me
    Many thanks

  14. Hi mege I am jatin I was in Australia before now I am in india . I applied protection visa in 2015 and the hearing date was on 12/12/ 2016 . But I withraw my file on 8/12/2016 . And flying back to india on 10/12/2016. Is therw any ban on me to re-enter. Thanks

  15. Hi I’m ash
    I overstayed in Australia ang got 3years re entry ban
    But now my ban is finish so just wondering can I apply for a tourist visa my wife is on 457 work visa in Australia
    Pls advise
    Thanks

  16. Hi i have very different story i don’t know it had been happend someone else or jist with me. I came australia 2014 on my wife student depened visa. She came here in 2013 . She left actual study and jumped to another diploma in 2015 . She has been diploma of 1 year and after that she didn’t go collage and she got visa cancelled and got 3 ban . But my visa fortunately was not cancelled. I had 5 day to apply new visa then i apllied student visa luckily i got student visa . But my wife had ban so she was on AAT that time after lost she went to home country. So i am still in australia on student visa till 2019 but i want bring back my wife here . So she can apply student depended visa on 3 year ban . Its been 8 month she left country. She didn’t overstay. So please help how i get to her here.

  17. Hello Mege, I had stayed in australia two years under working holiday visa, then went back my country to change a new name and new passport then re-applied the working holiday visa. i got my visa cancelled letter from immigration when they caught me giving incorrect document for applying for the same visa again in 2016 and I kept staying until my visa expired in 2016. Can I ask
    1. How can I know if my case is 3 years re-entry ban or heavier?
    2. The new 4020 law, reported on 18/nov/2017 will influence me stricter?
    3. How can I go back australia again?
    4. How can I know how many years i might be banned for re-entry australia?
    Thanks
    Mike

  18. I got my visa cancelled on feb 2016.
    I held a holiday visa with mo work condition. But i breach that condition.
    So i applied an offshore partner visa on feb 2017 and now im still waiting..
    Hope i can get my partner visa soon..
    Been with my boyfriend for 10years together..

  19. My student visa got cancelled for not attending my classes for 1 years. as soon as I got my intention to cancel my visa I left Australia. I got my visa cancel notice after 20 days arriving my home town.Now can I apply for dependent visa.

  20. Hi Mege,
    This is not a duplicate as I have Just added a tick to notify me with email about the reply.
    I got banned for 3 years because of false information that I was forced to submit by my lawyer under some kind of pressure of getting my money and not to complete my case. whatever, I am am a software developer from Egypt. The ban period will finish after 1 year.
    1-I wonder if I can apply for student visa now or after one year?
    2-Also, whenever I apply would the ban affect my Student visa grant?
    3-Additionally, I intend to apply for 489 visa after study, will the ban affect there decision at that time?
    Note that I choose student visa to get more marks as because of the ban I will apply at age 41 which decreased the points for age but this can be substituted by study points.
    Best Wishes,
    Max

  21. Hi Mege,
    I got banned for 3 years because of false information that I was forced to submit by my lawyer under some kind of pressure of getting my money and not to complete my case. whatever, I am am a software developer from Egypt. The ban period will finish after 1 year.
    1-I wonder if I can apply for student visa now or after one year?
    2-Also, whenever I apply would the ban affect my Student visa grant?
    3-Additionally, I intend to apply for 489 visa after study, will the ban affect there decision at that time?
    Note that I choose student visa to get more marks as because of the ban I will apply at age 41 which decreased the points for age but this can be substituted by study points.
    Best Wishes,
    Max

  22. Hi,
    I went Australia in January 2017 on student visa and came back to Pakistan after 2 months. my visa is cancelled now and i want to come back for study. will I face any difficulty in getting visa again ??

  23. Dear Mega

    I was deported from NZ on 25th of August 2017 and banned for 2 years, because I was failed in the tribunal. I had been told by my advice I was legal in NZ because my case was in the tribunal, but soon, the police and immigration office came to our house to get me after my failure of tribunal and becoming an overstayer automatically. My partner is a New Zealand farmer, we have been together for more than 2 years and was hard to persuade to the immigration we were partners as we were also employee and employer, and being treated as fraud(they have no actual evidence and I were not a criminal). Anyway, my situation became more and more complicated and we spent a fortune for the legal fee.

    I am working back to my previous company as a sales engineer now, which I quitted 5 years ago and travelled to NZ. I am working, living and studying hard to get good characters for the future application, and keep making video call with my partner every day. We also have joint visa card, we still spend money on the same account. We still have joint phone account, and both of our families and friends are well known our relationship now.

    I should be confident as the judge, the immigration case officer and lawyer said I can apply back and I may make a special direction to lift my ban etc. However, giving those frustrating matters happened on me, I am always down and in depression, what’s more,I just watched a news from “NZTV – 7 sharp” about a mum got deported from NZ and couldn’t get back to her daughter in NZ in 7 years, INZ always said she was an overstayer and sounds like they want to prohibit her forever. I was wondering will I face the same problem as her and never get chance to go back to my partner, will they still say I am not allowed any visa because I was an overstayer?

    What about if we sell our farm in NZ and move to Australia, will be easier for me to join him in Australia?

    Thank you and wait for your reply.

    Yours faithfully,
    Louise

    1. Hi Louise,
      You have a high level of complexity to your case which can be seen in the questions you are asking. Please get in touch directly for a personal consultation to discuss your case in depth.
      Best!
      Mege

  24. I arrived Australia on student visa, I completed my bachelor and master studies in Curtin and applied 485, sadly due to human error on uploading file I got rejected, applied AAt and went back to my country on Bridging Visa B (Poland, I have Iranian passport but I have Poland Schengen residency) requested new student visa to study Secondary Education, Student visa was rejected twice in row saying that i was not GTE becuz my 485 intention was to stay in Australia and not to return to Iran/Poland.
    I returned to Australia on Bridging B early last year, applied 866 and withdraw my 485 appeal when i was called to AAt for interview of 485 appeal (after roughly 13 month of waiting) , My 866 got rejected after 9 month of processing time, I applied appeal for it n left the country to Poland n withdrawn my AAT.
    within that period of time I got admitted to UWA and graduated with secondary education degree which is listed in SOL for 189. (i completed my study on bridging visa A but I have work n study right as similar to my student visa cuz it was my substantive visa)
    My question is what are my chances for getting 189, I am meeting all the criteria and I have 65 points (for secondary education), an onshore agent told me 60 is even enough for teachers to be invited and there it not much to worry regarding my previous immigration history since i will be applying offshore.

    I want to apply Pr n come back, do u fink its possible ?
    I have 3 letter of recommendation(1 from uni and two from volunteer jons I have done for health organizations in Perth), I have IELTS 8 as well.

    Im so scared they reject me cuz of my previous attempts to stay in Australia.

    1. Hi Arman,
      It sounds like you never overstayed your visa in Australia which is good. You have had several visa application rejections but managed to complete your Australia qualification. If you are outside Australia and want to apply for the skilled visa subclass 189 for permanent residency this may be the best option. It’s clear you want to permanently reside in Australia for the long term. Immigration wants to see applicants apply for visas which suit their genuine intention.
      Best!
      Mege

  25. Hello , my case is quite complicated . I applied for partner and got refused . so i asked for 35 days to leave Australia on 5th of April . i booked my airline ticket on 8th of March that i will fly on 5th of April and gave it to immigration through my lawyer . immigration after that called me to check why i asked for one week extra , i answered the call and they accepted .they granted my visa but the cease day is 5th of April and the lawyer didn’t aware about that day . on 5th of April , at the airport , before i boarding , the custom said that i got re-entry ban for overstayed . which solution can be applied in my case . can i applied for partner visa , my gf is student in australia now . thxx for all your help

    1. hello ,in additional , immigrated granted my visa on 23rd of March after called me and got my airline ticket .

  26. hi mege,
    i overstay and get reentry ban 3years..now already pass 3year ..i apply for tourist visa..if i get the visa will i able go pass Department Immigration Border without get kick back?

  27. I know a guy who changed his family name and details such as address. Then he got his passport reissued( damage and lost) 2 times. He applied again with that new passport and new details. He did not mention that he has been in Australia. His visa was granted without any questions and delays. He is in Australia now. This happened just few months ago.

  28. Hello. I overstayed my first year working holiday visa by 8 months. I was caught, detained for 3 weeks and then deported back to the UK. I have no criminal convictions in Australia or the UK. Am I able to apply for any visas or do I have to wait the 3 years?

    1. Hi Craig,
      It’s likely you have 3 year reenty ban so that means you can’t apply for any temporary visas for Australia during this period until it expires.
      Best!
      Mege

  29. Hi Mege,

    I just want to know, how would you know if you are banned in Australia? Do they stamp your passport with re-entry ban or do they just put it in your record online that you are ban?

    Thank you.

    1. Hi Diane,
      If you are banned it will be electronically connected to your passport so there is no stamp in your passport. If you try to re-enter Australia, the airline and Immigration will check your status and you will be refused from getting on the flight to Australia.
      The ban is for 3 years in total.
      Best!
      Mege

  30. Dear Mege

    My partner(new Zealand citizen) and daughter( born in Australia) are leaving in Australia atm. I was banned to re apply for any visa until 25th July 2017. Well in this time my relation with my partner has gone bad and I don’t seek any help from her to apply any visa but what other visas I can apply so I can go and stay with my daughter.kindly help and would really appreciate for your time.

  31. Good morning, everyone. My case is very complicated, I got 3 year ban last year when I tried to re-entry Australia, customs caught me had working information in cell phone. I still feel ashame and sorry about what I did. And my bf plans to apply me 300 PMV visa back to Australia now. I asked some agents told me it’s not a big problem apply a PMV visa, main problem is he is on Centrallink payment. He didn’t work about two year as his mom is disable, so he needs to take care her. However, he has a house, so we don’t need to worry about rent. And actually, I don’t worry about I can’t get a job as I had two year working and holiday in QLD. Can you please tell me what can we do, and is it I probably got rejected of my application? I still feel sorry what I did and I hadn’t think about this punishment would effects our relationship that bad
    He is coming to HK visit me soon, we wanna know what’s the opportunity visa would approved?

  32. Hi, My friend went into Australia in 2004, overstayed and returned to our country in 2012 after owning up to Immigration,which she was given 21days to return and was not deported. In 2013, she married her Australian (PR Resident)partner of 9years in our country.He was supporting her all throughout the years financially and also trying their best to reunite in Australia. 4tears of marriage now and she is still trying to get into Australia. Is she allowed to apply for a Tourist Visa. Hoping to get a urgent responce from you. Thanks.

    1. Hi Nia
      Your friend should be eligible for a tourist visa. I would recommend she talks to an Immigration lawyer or migration agent about also applying for a Partner visa as she is married to an Australian permanent resident. If she is in Australia on her tourist visa it is possible to lodge a partner visa application while in Australia. One important factor is that she must not have a “no further stay” condition attached to her tourist visa. If she does, she will not be able to lodge the partner visa application in Australia but return to her own country and lodge the application there. The Partner visa is the pathway to residency and for her and her spouse to be properly reunited in Australia. It’s important she speaks with an Immigration lawyer or migration agent about her plans for a tourist visa and partner visa as one application can affect the other.
      Best!
      Mege

  33. Hello Mam

    I started a masters program in Feb 2014 and after two years my visa expired on march 15, 2016. I did not finish the master’s program. Instead of applying for student visa extension/bridging visa to stay after March 15-2016, and complete the Uni course, I left the country on March 14, 2016.(Before visa expiry day). This is because I was not able to stay in Australia for prolonged period of time (More than two years).

    Now, I am planning to apply for “second student visa” offshore for Oct 2017 intake. Do I have to explain to case officer of why I left Australia with out extending the student visa and now applying to complete the course.

    Note: My course title have changed but it is as recommended by my program manager. I am going to the same university as in my first student visa for course completion. I have left over credits to graduate.

    1. Hi Prabu,
      I can’t see that you have done any thing wrong or negative from an immigration or visa perspective. You didn’t complete your course, sometimes that happens in life. You left Australia before your student visa expired which is the correct thing to do. It’s great you didn’t overstay your visa as many other people do and then they are given a re-entry ban. I don’t see any major issues with you applying for a student visa a second time. If you are a genuine student and are returning to complete your course even it called a different name. Speak to an Immigration lawyer or migration agent if you need help with your student visa application. It’s sometimes helpful to include in an application your reasons for wanting to do the course and why you want to return. It shows you don’t have anything to hide and are genuine about your goal of studying in Australia. You could also ask your program manager to write a letter of support for you that they support you coming back to university to complete your course and graduate. They can include a sentence of you have left over credits to graduate. Wishing you well.
      Best!
      Mege

  34. Hi mege, saw your video is good info. Just need your opinion here.
    My visa protection has been refuse which i received email frm AAT. If my bridging visa is going to expire. What should i do? If i voluntary depart from australia before my bridging visa expire do i get ban from entering australia again?

    1. Hi Adelina,
      If you leave the country before your bridging visa expires you should not be given a re-enty ban. Re-entry ban is if someone has breached their visa conditions like overstaying a visa and becoming unlawful in the country.
      Best!
      Mege

  35. Hello,
    My partner over stayed his visa and was given a 1 yr ban on permanent visas and a 3 yr ban on temporary visas. I moved back to ireland with him and my 4 yr old. I am also pregnant with our first child. Are we able to apply for a partnership visa before the 1 year ban is up and ask for the ban to be waived due to having our child? If we apply for the partnership visa do we have to wait the 15-19 months for an outcome on thattp be able to go back or can we be in the country while we wait for the outcome?

    1. Hi Aimee,
      The reentry ban doesn’t apply to partner visas (I’m assuming you are an Aussie). I recently heard of a couple with 2 kids who had their visa granted in the less than 6 months. You might wait until you give birth and have birth certificate details of your child together before lodging a visa application.
      Best!
      Mege

      1. Thank you! Yes i am Australian and so is my son who adores and loves my partner. Its the only father he has ever had. He did receieve a 1 yr ban, special criteria 5002 i believe! Does that mean we have to wait a year before applying?

        1. Hi Aimee
          Thanks for the clarification. The Special criteria 5002 you refer to is a 12 month exclusion period that applies to both permanent and temporary visa applications. Best course of action is to wait until the 12 month period is up before applying for a partner visa.
          Best!
          Mege

  36. Hi there
    I am currently in New Zealand on student visa and my husband got declined for his partnership based work visa as he overstayed in Australia and have 3 year re-entry ban. After his refusal he again applied for visitor visa which was also declined for the reason that he does not meet entry requirement of good character. I want your expert advise in the scenario as how we can proof that my husband was innocent he was not aware of his overstay as he applied for MRT at that time and his agent did not send him notification about his MRT decision, he did not get any email regarding MRT decision, when he went to immigration office for his passport renewable then he came to know about his visa expiry. After that immigration granted him 1 week bridging visa and returned within that visa. Now INZ immigration is not approving his visa. kindly give us your expert advise.

  37. I have overstayed my visa since 2011. I left Australia voluntarily by January 4 th 2017. I entered Australia with a student visa, however, due to my health I could not fnish and I overstayed. I was on Ketosis ( high blood sugar 20 plus) and had a high degree of confusion due to lack of medicare, insulin and etc.. At end I was seriously sick and approached immigration to go back to my home country. It has been 6 months now and my girl friend is still in Australia. I have no conviction or previous bans. Will be able to apply student visa to finish my course or will I be able to be a dependent of my girlfriend if I marry her now? We’re planning to get married next year but if this helps we want to get married now. Please give me an advice and I would really appreciate. If there is no option, I have to apply for offshore PR.

  38. Hi mege,
    I’m from Nepal. I didn’t comply with my previous student visa granted in 2006 and overstayed my visa till 2009. I got 3 years ban. My sister who is Australian citizen is having a wedding reception next month. She is willing to sponsor me to attend her reception. Can I get visa through her family sponsorship ?
    P.s My previous visitor visa application from Nepal was refused by Australian High commission New Delhi in 2016. I have sufficient proofs to prove that I won’t overstay over the period granted.
    And does this overstay and visa rejection of Australia will affect if I apply for tourist visa of New Zealand ?

  39. Hi
    its me sumit i was in Australia in 2009 after 2 semester my visa was cancelled because immigration officer asked me to join any universities or collage or in any language institution and due to lack of college enrollment i was issued offer from WAFIS college and enrollment was 35 days later and they said me i cannot be in Australia more than 29 days without college enrollment and i did not had any choice but also i stayed in Australia for 18 months and i applied E-50 visa for arrangement to depart Australia and i leaved Australia voluntarly and immigration officer ban me and clearly mention me i have ban for 3 years and i can apply after 3 years and its been five years my misses have completed plc and also have good academic background i want to apply in spouse visa along with her will my application have bad effects if i apply together or i need to apply after once she achieve her student visa.
    Thank you

  40. Hii
    I am Sarvesh from India …. I got 3 year ban for fake funds document for Australian student visa.now my ban reopen in 2017 can I apply as a spouse with my wife student visa for Australia.will my history effected my wife student visa… she can apply Australia student visa with me…. please help me… thanks

  41. Hi, I am Rana and i was in australia on MRT because my 485 visa was refused in 2012. After waiting for my MRT i left australia in SEP 2013 with bridging visa B which was granted in melbourne and valid for six months(I was asked to return to aus within six month). After 3 months of staying overseas i wanted to go back but i was informed at the airport that i have no visa and my MRT case was closed and they said we have sent you email which i never received. I now want to apply for GSM 489 visa, MY concern is 1. would that be any negative impact on my 489 visa application
    2. My brother and was overstayed their tourist visas and handed 3 years bans which is now over, would it be negative because my familly members were overstaed in australia
    Waiting for your expert advise
    Regards
    Rana

  42. I lived in Australia for 7 years on a student visa but I overstayed four years I applied for a protection visa and it was refused and I left voluntary. I had my three ban and it’s finished now .i want to apply for a student visa .Is there any chance of me getting approved for another student visa

  43. there
    I’m ashu
    I went to Australia in 2009
    And overstayed in 2015 deported from Australia
    Have no idea about my ban because didn’t get any emails also tried to contact to department for my status but didn’t get anything.
    After finishing 3year ban can I apply to Australia as a visitor visa as my wife in Australia….?
    Look forward to hearing from you soon ..?
    Thanks

  44. Heya :). I was given a three year ban when found working on my visit visa. Will I have problems getting visit/other visas for other countries? I think New Zealand doesn’t want to let people in who have prevously been ‘forcibly removed’ from a country for example. Thanks! Jane

  45. Hiiiii, I have overstayed 5 days with my transit visa since I thought I am still on my visitor visa. When I left AU, my transit visa has been cancelled without notifying me and no one told my I am banned from AU. How do I find out? Can I apply 457 with my partner? thanks

  46. Hi there,.. i went to australia year 2007 as a tourist visa but i over stayed there about 2 years and a halaf. I volunteer surrender and i returned to my country year 2009. My passport was lost in australia so i was given a travel document to go home in my country. Now i m planning to apply again a tourist visa in australia with my husband. Is there a chance that we can grant a visa. Thank u very much.

  47. Hi Mege,

    How are you,

    Currently i am in Pakistan i have 3 year re-entry ban in Australia. but i am not sure if i have applied any permanent visa during this period it would be affected i was over stayed at least 5 years and then i leave by volunteer. I re-entry banned will be expired on 11/11/2019.

    Second if is there any problem to apply work visa in NZ, i’m just worried about it because NZ immigration can verify my status in Australian immigration department.

    looking forward hearing from you.

    Your Sincerely,
    Riz

  48. Hi there, I’m hoping you can help me.

    I was refused entry for leave to remain in the UK over 3 years ago. I had overstayed a visa and they found proof of this when I went back for a vacation. They put me on a flight back home after questioning me and finding reason to believe I might overstay again. I was cooperative and got a one year ban from reentering the country. On my documentation it states I was refused entry at port and there were removal directions to board the next flight back to my home country.

    I filled out my application for the 417 visa and it asks if I have ever been removed from a country. I called the Australian home office and they have confirmed that if I did not enter the country I couldn’t have been removed. I am still unsure. Is this considered a removal from a country? Or just a refusal? Is it an enforced removal or an exclusion? Thanks for your help!

  49. Hi there
    How you doing ..?
    I’m ash and I’m in Australia on 457 visa
    Also my partner has ban for 3year from Australia and currently he is living in his country
    I apply for rsms permanent visa as well as his visa with my visa
    Do you think that once I got the permanent visa will he get the visa too ..?
    Because my agent recommended me to apply his additional name with my file as it is rsms permanent visa
    Look forward to hearing from you soon
    Thanks

  50. Hi, I have been overstayed in Australia for 6 months. I came back on December 2013, is there any chance I can go back. Now I am married , I want go as dependent because my wife will be doing her further education.please tell me. I can go or not please.

  51. Hi Meg I have one simple question for u. i applied offshore partner visa.In have 18 month child between my realtionship after that I applied visitor family visa but immi put 3year ban on visitor visa just wanna know does this ban effect on my partner visa application thanks

  52. Hi Meg I have one simple question for i applied offshore partner visa.visa.In have 18 month child between my realtionship after that I applied visitor family visa but immi put 3year ban on visitor visa just wanna know does ban effect on my partner visa application thanks
    Harry

  53. Dear Mere,
    thank you for the valuable information and your help.

    My friend’s student visa was cancelled because of over 20 hour work. but he was granted a bridging E visa to complete his studies. when he left he was told he had a 3 year entry ban. now it has been over 12 years. and he wants to visit australia. what are his chances. your advice in this regard is highly appreciated. Thanking you in advance

  54. Hi Mege!

    Me and my boyfriend left Australia and he did got banned for 3 years for overstaying his visa.
    If I want to apply for skilled visa(sub 189), can I still add him as my partner and he gets the visa with me, because the ban does not apply for PR visas?
    And does he needs to do IELTS? I was reading from somewhere that yes, for 4.5 score, but I am not sure, is my source of that information competent.
    Also I would be more than grateful to get any information, I should know about 189 visa application.(how long does it take, how big is a chance, they say “no” to the application, is it hard to lodge the application and do all the paperwork by myself, without using agent, where I can do skills assessment(occupation:pastry chef) and what does it include etc.)
    I have done research from the government websites and it is quite confusing, hoping that if there is someone who is reading my post and who has done skilled independent visa, can find time to help me with those questions.
    Thank you, Mege, in advance, and thanks to everyone else, who should know how to help me with those questions!

  55. Hi there!
    I had a travel visa for a year and was traveling just for 5 months. On my way back after New Year my visa was cancelled and i was deported back to UK. I was doing cash on hand job and that was the reason for cancellation.
    I have a company which is willing to sponsor me but I am not sure if the cancelled tourist visa is going to affect the sponsorship. I will appreciate any help as I liked Australia very much and my intention was to stay there for good.
    Thank you in advance

  56. Dear Mage,

    My last visa was BVE and nowadays, I am in My home country. I am an accountant general and currently holding 60 points, so these days, I am aiming to get 20 points by appearing in PTE ACADEMIC test. I stayed in Australia for more than 4 years and my police record is absolutely clean. I have 3 years ban due to overstayed my visa, SO does this ban would impact on my 189 visa application?.

  57. Hi there!
    I have overstayed and worked in USA more than 10 years ago for long 3 years, no visa whatsoever (was on tourist visa). Later on returned to my own country and have been living here since. My question is whether applying for the 189 PR visa, may be refused for that reason. By the way, when in the US I went to high school, (I was under 18) and was living with my whole family there. when I turned 19 decided to go back, did it spontaneously without any trouble, in fact I even went back to US later on for a 4 day training course paid by my employer, and had no trouble there. Is it a big issue?

    Thank you.

  58. Hi Mege, how are you? my name is Raj from Malaysia. I want ask your opinion that, on 20th April 2016 i went to Melbourne. I get 3 month arrival visa, should finish on July 20th. But before expired the date, i did extended 3 more months 1 week before and it was successful. i received visa grant notice. i extend the tourist visa on VEVO online and pay by credit card. On October 12th 2016, i already back Malaysia. Then i was planning again want travel to Sydney. January 31st 2017, i travel to Sydney from Korea. But the Immigration stop and ask alot of question and suspect i came for working!! I told no but she the think i came for working and canceled my visa.??? And she say going to banned me to enter Australia for 3 years!!! wow. Why this happen to me?? And now i want your suggestion, if i want enter again Australia, what i should do? Where i can check that its really then ban me for 3 years?

  59. As you said i have to show immi how i am of good character. As we disssused before i overstay in aus and depart volunteer. I dont have any criminal conduct in aus. My all pcc are clean. So my question is what sort of points i can add in cover letter if they arise any character issue? It will be very greatful if you can help me with this. Please not my wife she is in aus i am second applicant and we applied 186 visa. Our nomination is already approved. And we are waiting for visa. Any suggestions or tips from you will be greatful. I realy appreciate if you can give me some tips regarding character issue if they arise. Tha ks in advanced.

  60. Hi, had a failed protection visa application. After living and working 6 years in Australia with my family, we left Australia on a BV E. Now we have a PIC 4014 bar on us with the 3 year exclusion period.

    Can we apply for PR here in South Africa? If we can, can we apply and return to Australia and wait for the outcome or do we have to remain in South Africa for the outcome. My wife and I both still have our jobs/employers in tact awaiting our return.

    Thanks in advance for your advice.

    1. Hi Johan,
      If you are eligible to apply for a skilled migration visa you can still do so even if there is a 3 year ban in place. It would be considered an offshore application so you have to wait in South Africa for it to be processed and then subject to it being approved you can then move back to Australia.
      Best,
      Mege

      1. hi mege,
        i am currently on student visa. i have married with an overstayer from the same country,Malaysia. he has overstayed his visitor visa for about 1.5 year now because of lack of knowledge and bad english.on the 8th month, we went to resolution center and he has been granted bve for 5 days to manage his return to our country. he didnt make it and after 3 months we got married according to our religion (islam) but not legally registered and afraid to do so because of his status. however we are now planning for me to get pr by applying 457 visa after my study finished. after i have got the pr, then i will apply for him as my partner. what is your advice about this matter? i do not have intention to go back to my country as my family and relatives almost make me crazy because of their abusive behaviour. this was before he brought me here to save me.

        fyi, he was a first class welder in oil n gas company in malaysia for 5years before he came here. so i want to know if he can apply for work visa regardless of his status ? does he will still get banned for 3 years or does it possible the ban can be waived if he able to get the job?

        we really hope we can find a way to recorrect his status. if he get banned and we are separate, i cant imagine how i can live without him.

        please let me know the options we can try to solve these.

        thanks you so much,
        Anna

  61. Hi
    M jaspreet I went to Australia in 2014 on student visa my visa was cancelled because I change my college I was overstayed 3 month and I was small theft case in court from casino it was not finished yet when I was removed in march 2016 I m very stressed I have three years re entreeban as well can I apply fr any visa in future in Australia or if can I apply fr Canada student visa or pr visa is that have any impact on my Canada file processing plz let me know thanks

  62. Hi

    I have just arrived home from Australia after 4 and half years, my 457 was canceled as I was made redundant and I didn’t seek a new employer within the timeframe. My visa was canceled and due to not having funds to leave I didn’t depart on time. I have just reviewed a 3 year ban . I am willing to do whatever it takes to regain my life back in Australia. Is there a contact number I can call you on to discuss my options.

  63. Hi Mege,
    I had a 3 year ban when I tried to enter Australia on a holiday visa and they were suspicious that i was going there to work illegally.
    I have now been away from Australia for more than 3 years. Can I go for a normal holiday visa entry?
    I am a British citizen. If I re-enter it will be from Indonesia.
    Another point is that they held me in a detention center for 3 days and then gave me a plane ticket costing 2000 AUD back to UK. They said I would have to pay for that ticket if I ever came back into Australia.
    Is this true? Because, obviously I don’t have a spare 2000 AUD lying around. And I don’t want to waste hundreds of dollars on a plane ticket to be refused or charged this 2000 AUD if trying to get back in?
    Thank very much for your time,
    Georgina

  64. Hi mege. I’m in an interesting situation so my partner and I met shortly before my work visa finished and I was delayed by the U.S. embassy getting a passport so left a few days to late and now have a ban on my passport. It’s been a year and a half we have applied for partner visa but it can take months and up to a year. We would like to go to australia sooner tho is it possible to have my ban put aside so I can visit family for a few months?

  65. Hi i am from Indonesia.. Last year i got Australia student visa granted started since 27 August 2015 and the expired date is 23 November 2016..

    But in the middle of February 2016 i went back home because i had family matters and i did not come back again to Australia until my visa expired and i left my study course unfinished then i stopped paying the rest of the tuition fees..

    But as far as i believe when i was there i did not do overtime job,overstay visa or any other violence against the law. And here is my questions:

    1. How could i know if i do not get student visa cancellation or not (3 years ban applied)?

    I never get any notifications either from Department Immigration Border Protection/Department Immigration and Citizenship Australia or the college itself at all.. The only thing that i know right know is my visa already expired when i checked at VEVO Australia website.

    2. I have plan married with my fiance next year and she wants to pursue diploma culinary school in George Brown College at Toronto.. And i have to go with her as husband.. And my question is, does my previous Australia’s visa case would related for applying Canada temporary visa in the future?

  66. hi my parent has been in jail 6months and his visa got cancels under s109, he is being released in a few days and immigration said he might be able to come home on a bridging visa E for a week or so if i supply a plane ticket back to nz for him other wise he goes into immigration detention and waits deportation.

    they said he has a 3 year ban but once he gets back to nz he can re apply to come back to Australia from nz get a weaver on his 3 year ban. but would know the out come until we tried.(his family is here in Au.

    My question is what are the chances that he could come back? and how long could it take to get a answer?, and does he have to pay to appeal it from nz?

    thanks

  67. Hii
    I am Sarvesh from India …. I got 3 year ban for fake funds document for Australian student visa.now my ban reopen in 2017 can I apply as a spouse with my wife student visa for Australia.will my history effected my wife student visa… she can apply Australia student visa with me…. please help me… thanks

  68. Thanks for reply mege. As you said i have to show immi how i am of good character. As we disssused before i overstay in aus and depart volunteer. I dont have any criminal conduct in aus. My all pcc are clean. So my question is what sort of points i can add in cover letter if they arise any character issue? It will be very greatful if you can help me with this. Please not my wife she is in aus i am second applicant and we applied 186 visa. Our nomination is already approved. And we are waiting for visa. Any suggestions or tips from you will be greatful. I realy appreciate if you can give me some tips regarding character issue if they arise. Tha ks in advanced.

  69. Hi Mege,
    I happened to overstay my Student VISA on November 2014. By the time I realised it was nearly 20 days and when I checked the immigration website i found out that I can still apply for another Student visa, it just has to be in 28 days after the visa expired. So I applied for another student VISA immediately which didn’t come out favourable for me as I wasn’t enrolled in any course at that time of decision. As a result I went to MRT and I didn’t get a favourable decision from there either. The only options I had left was to either appeal in the Federal court or put an application to the Minister or leave the country after you get the decision back from the DIAP. Four days after the MRT decision I ended up leaving the country due to the death of my immediate relative. Further consulting with an agent in my home country I was told that a re-entry ban will be applied on me automatically after I leave the country as I over stayed my visa in November. Do they take that in account even if I was holding a valid bridging visa when I left the country ?
    I was wondering if you could tell me if I’ll get a three year re-entry ban from applying for another student visa as I left the country while I was on a bridging visa?
    ( Before I left the country I called the immigration they told me that If I leave the country I’ll have to apply fro another VISA off-shore and didn’t mention anything about the ban. )

    Thanks
    Vimal

    1. I know someone, who has changed his passport, date of birth, place and so on, has got a visa to Australia after his overstay plus 3-year ban starting from 2016. He was lucky that his details were wrong when he got his first passport, by which he travelled to Australia and got a ban on it. He applied for his birth certificate and the date and name ( surname ) were different including his address. He renewed his passport already 2 times –first time was under ‘lost’ and the next one was a re-issue with updated info. He applied a student visa and now back in Australia. I think the immigration gives the overstayer a ban on his name, date of birth and passport number.He was lucky and now got married to an Australian citizen.

  70. hi , mege
    i m pawan from india, i watched your video and well thnx for the information . i just wanted to know a person who has cleared with three year ban , would it possible to apply spouse visa . as i m willing to apply spouse visa my wife would be main applicant and me as a dependent .

  71. hi mege,
    im sepul..First I would like to thank you for this helpful video,last year(2015) im visit australia with
    tourist visa and after a 2-month stay in Australia I apply bridging visa and I get my TFN numbers,after 3 month in the process of applying for a visa and could not answer from immigration australia ,and im back to my country,if i want to come back again how to check my status wather ban or not?thanks

  72. Hi Mege!
    I have read your blogs about visa questions and its so great that you are helping many people. I also have a concern and I hope that you can help me.
    So here’s my story, I have overstayed my student visa in Australia for 6 months due to financial problems and have left the country voluntarily. I never committed any crime while in austraia, except for the overstaying. Now I wanted to have a new start and wanted to apply in another country,which is new zealand.I want to apply another student visa for NZ.My question is,will my overstay in Australia affect my New zealand visa application? Will I get deny because of my overstay? I just wanted to make sure before I do anything so I wont be wasting any money. My ban is not yet finished. But I really wanted to apply in NZ and hopefully land a better job.
    Thank you so much for your help!
    God bless us all!

    1. Hi Cass,
      Thanks for the positive feedback.
      I can’t really say if your NZ application will be affected by your Australian immigration record. We don’t know if governments share information like this. All you can do is apply and find out.
      Best,
      Mege

  73. well actually I talk to one MA he says that we need to address one cover letter if they arise any character issue. but being honest with you I don’t have any valid reason to explain why I overstay.so its good if I can get second opinion.my wife she is in Australia I met her in 2010.we start living together in 2012 and officially got married in 2014.and I don’t want to leave her alone in Aus. But while I was in aus I did not work much just 4hrs on weekend to survive. my both pcc are clean.no criminal record, driving history clean. I am writing a letter so my question is what reason I can write in letter? and how can I explain I have good character in Australia? total time I spent in Australia is 8 years. any help will be much appreciated. waiting for your reply, thanks

  74. Thanks for reply magie. Its makes me smile on my face. One another quick question. If i prepare a letter what can I write in my letter to explain my good bahaviour. Thanks for quick answer. I realy appreciate if you can answer me with this.

  75. Hi mege. This is very helpful site. need advice Hope i will get my answer too. my name is rob.i was in Australia on a student visa which was canceled under sec 116. After that i applied for MRT which was also refused. And i was issued BVE. And after that I overstayed in Australia for 4 years. Then i left Australia as a volunteer . So section 48 and 3 years ban apply on me.
    But my wife she is in Australia and she applied 186 visa and i am second applicant. So my question is is the overstaying a visa is a criminal offence? Because they says that you have to meet the character criteria.so do you think it is consider as a bad character ?Do you think they can refuse our visa because I previously unlawful non citizen? I dont breach any other law in Australia while i was in Australia. Or dont have any criminal conduct. Any help will be much appreciated.

    1. Hi Rob,
      Your reentry ban does not stop you from being an applicant in a permanent residency visa application. You will need to explain how you are of good character if they process the visa application and ask you to explain your overstaying illegally for 4 years. It helps you don’t have any criminal offenses record in Australia.
      Best,
      Mege

  76. Hello Mege,

    I had this situation 3 months ago. i was in a students visa and unfortunately my visa expired. I went to the immi department in the same day and they gave me a temporary visa for 2 weeks. i went out of Australia one week before the date I should to leave. I was studying English language to do bachelor degree and I done that. now I have my new CoE and student health cover for the whole term. I’ll apply for a new students visa soon. I need your advice please and do you reckon if I write an appeal gonna works and if’s yes what I should write? please help me!

    best regards,

  77. Hi There, Just want to ask cos I had a convictions in Singapore for total of 6 months sentenced last 2007 and had been excluded permanently. My charges were none of the mentioned in Human Rights Issue under Section 501. Will this affect my Fiancé/Marriage Visa Application to Australia. BTW, my BF is An Australian citizen .Thanks if you could answer me…

  78. Hi my husband is a British citezen and has been going to Australia on a short term business visa eta regularly for past few years, then he was stopped whilst entering Sydney airport about a year ago saying this is his last chance and next time he comes he will need a different visa 457, but he is no longer doing business but needs to go back to sort some things out, what should he do?

    1. Hi there,
      If he goes back on a non-business/work visa he risks being rejected at the airport and sent back on the next flight. Immigration already gave a warning so they may not be too happy to see him back without a business/work visa even if he’s just back to “sort some things out”.
      Best,
      Mege

  79. hi there,
    I was in australia on student visa between 2009 and 2011.unfortunately I encountered tuberculosis in 2010 and after medication of 6 months,I got medical clearance from hospital of aus but I couldn’t complete my studies,rather returned back to my home country when I still had 4 months left before my visa would expire.In 2013 I reapplied on student visa,since I had maintained gap of 2 years,in order to fill it I made a fake working papers as per the recommendation of my agent.sadly immigration called me and asked me if the document regarding the work was fake.I confessed infront of immigration that I made it fake for which they put 3 years ban.now that the ban is off.and my friend who Is an Australian has got his wedding,do I have any chances of getting tourist visa?

  80. Hi,
    I am from New Caledonia and was studying environmental science in Melbourne for 3 years through Australia awards. I am now back in my home country and have a 2 years exclusion period to kind of pay back my dutie. It has been already 1 year that I am out of Australia and I would like to get back there to work and in the future apply for permanent residency after my two years exclusion period. As visa takes a bit of time to get granted or refused do you know if I can start the process now or should I wait the end of the 2 years exclusion.Will I be out of the law if I apply now or do expression of interest before the end of the 2 years exclusion period?the risk for me is to have to pay back the whole amount of my scholarship to the Commonwealth if I do not respect the AUSAID contract….thing that I really do not want!
    Thanks for reading me and for your advices. Regards

    1. Hi,
      You should just wait for your 2 year period to finish and then start the process. There is not point doing an EOI at this stage, you can’t submit it anyway.
      Best,
      Mege

  81. Hi mege you are doing realy good job. And your website is realy helpful. Hope i will get my answer too. my name is rob.i was in Australia on a student visa which was canceled under sec 116. After that i applied for MRT which was also refused. And i was issued BVE. And after that I overstayed in Australia for 4 years. Then i left Australia as a volunteer . So section 48 and 3 years ban apply on me.
    But my wife she is in Australia and she applied 186 visa and i am second applicant. So my question is is the overstaying a visa is a criminal offence? Because they says that you have to meet the character criteria.so do you think it is consider as a bad character ?Do you think they can refuse our visa because I previously unlawful non citizen? I dont breach any other law in Australia while i was in Australia. Or dont have any criminal conduct. Any help will be much appreciated.

  82. I have 3 year re entry banned and i want to know after three years can i re apply temporary visa like sub class 457 please give me some hope for this because i desperately want to re apply again and my banned is going to over on next year january

  83. Hi.

    I was caught working without the correct visa and received a 3 year ban. However the company I now work for is considering opening an office in Australia. Do I have a chance to reenter to work if I still have 1.5 years on my ban?

    Thank you

  84. I got a five (5) year ban for misrepresentation from Canada Immigration recently.
    Reason was – I got a job offer (LMIA) from a local agent and Canadian authorities have found out that those are fake/fabricated documents.
    My question is – My wife got a scholarship from Australian University (MBA), if we accept this offer and apply for student visa, will above ban will obstruct our decision for Australian student visa? Or can i freely apply?
    Thank you and looking forward to hear from you.

  85. hi mege
    i am aaryan Patel from india and i was in australian in 2006 to 2008 . i was on student visa but unforutnally my college has been wind up and in that case i tried to get my fees back from the college but they denied and i came back to india before my visa gets expired …i couldnt completed my study as college was wind up…but i dont have any over stay or any banned on me….it has been almost 7 years and now i would love to visit australia once again with my wife as visitor ….what would be ur advice for me …i want to know ur opinion for my visa chances for visitor visa
    waiting for ur valuble opinion thank u god bless u

    1. Hi,
      If you left Australia before your visa expired and never committed any visa breaches why should there be any issues apply for a visitor visa? Go ahead an apply.
      Best,
      Mege

    2. Hi,
      If you left Australia before your visa expired and never committed any visa breaches why should there be any issues applying for a visitor visa? Go ahead an apply.
      Best,
      Mege

      1. hey, your video are helpful. but i have a question to ask u. im malaysian citizen, i have overstayed in australia which is here, i work as illegally. i got banned 3year to enter australia. i just wondering if any possible way for me to re enter australia before my 3 year banned get clear? im planning to come back as a legal worker with permit. can i do something u might know?

  86. Hi Mege,

    I received 3 yr ban for working against my visa terms, in Aug just gone. All being well my sister will give birth to a baby in June; do you think they will grant me permission for a visit? Is this a ‘compelling reason’?

    Thank you for all help 🙂

    Jane

  87. I have breached many student visa conditions in NewZealand because of misguidance of agent in India. My spouse had work visa last year. I came NewZealand last year and I could not do study in nz because of misguidance of agent. I came to NewZealand without ielts and Now I have done ielts with overall 6.0 bands Less than 5.5 only in one module. I have refusal of Australia in 2014. Can I apply for Australia study visa again for further studies?. I have post graduate diploma in Computer Application in previous studies in India

  88. Hi,

    I applied for a skilled migration but there was a bit of tweaks related to my Job profile (as suggested by my Agent) and now I have got a 3 yr ban with the reason related to 4020. Now, can I apply again after 3 years? also Will the previous experience be considered again? or shall I just remove that experience? What are the possibilities of getting a positive reply now?

    Regards.

      1. Hi Mege,

        Thing is that the person who suggested something incorrect at the very first place I cant trust that person anymore. I am looking for a general thought about it only.

  89. Hi,

    I’ve tried to write down a comment a year ago without any answer so I am trying again today and hope to have more luck this time.

    I’ve got a 3 year ban because the immigration thought that I would fail the condition of my tourist visa. After a one year WHV I’ve travelled asia and went back to France for more than 3 months. I’ve applied for a tourist visa instead of a second WHV (which I was entitled to as I’ve done my regional work ) because I just wanted to visit my boyfriend and then go back to asia for few months before then applying for the second WHV. I know it sounds messy but that was basically my plan. I’ve been following this post and you’ve said that NZ and OZ are different and being ban from Oz doesn’t interfere with visa for NZ. I’ve tried to apply for WHV for NZ, I told the truth about me being ban from Oz and they denied my visa request but more than that denied any entry even tourist visa from the country ?? How can it be even possible as I didn’t commit any crimes? As french I don’t need any tourist visa to visit NZ, if I just fly there do you think the borders will deny me the entry? Last question, my english bf now back from Oz would like to apply for a migrant skills visa, do you think we can apply by ourselves or it’s better to go through a lawyer?

    Thank you, I hope I will get an answer.

  90. Hi,
    I got a 3 years ban because I was working under a tourist Visa.
    My boyfriend is Australian and we want to try the prospective marriage visa to allowed me to be there again. Just want to know if I can apply for this type of visa or a have to wait for 3 years ban to finish? Some people also told us we have to wait at least one year to apply for the prospective marriage… We are confused about that.
    Thanks!

  91. hello mam ,
    my 3 years ban is over now . I had completed my HM from Australia and looking forward for 457 now but issue is how to fill up 3 year gap which I spent in my home country . I’m working for a small restaurant as a cook and they r paying me cash in hand .

  92. Hello,

    Thank you for hosting this very informative website. I am a student in Sydney and I recently exited Australian airport to go back to my home country for the winter holidays and I was told that my student visa had expired and that I was overstaying in Australia for more than 28 days (120 days to be exact). I explained to the officer that I was really unaware of this and that I was only in Australia to study and not to work. However, the officer mentioned to me that I would get a re-entry ban for 3 years and that I should write to the Immigration department for a waiver based on compassionate grounds.

    However, I called the Immgration department just now and I was informed that I do not have any re-entry ban applied on me. The officer that I spoke to said that everything seemed normal on his system. Does this mean that I don’t have re-entry ban or does this just mean that it takes some time for the sysem to updated ? Would appreciate your feedback in this matter

    Regards

    1. I would just like to note that I was genuinely unware of the my visa expiry date and that I only found out about this when I was leaving the Airport to go back to my home country for holidays.

      Regards

      1. Hello,

        This is just an update. I have successfully been granted my student visa. Although I have overstayed for approximately 120 days, the government still granted me my student visa. I think it is most likely due to the grounds that I showed that I had not worked in Australia, it was an honest mistake to overlook the deadline and because my studies was still ongoing.

        They gave me extra consideration based on this statement written in the checklist given to me whilst considering my student visa re-application:

        “There may be compelling circumstances affecting the interests of Australia in the case of
        persons whose last substantive visa was a Student visa and who are applying for a new
        Student visa. If the applicant’s circumstances, including previous study history in Australia,
        clearly demonstrate that they have been a genuine student in Australia, and there is no
        evidence that they have actively or intentionally abused or sought to circumvent immigration
        laws, s65 delegates may accept that compelling and compassionate circumstances exist. If
        the student wishes to apply for another Student visa, significant weight may also be given
        where there is evidence of a clear continuing study intention.”

        So for those students who have sincerely overlooked and did not do any anything wrong in Australia, do not lose hope and try to re-apply a student visa again.

        Regards

        1. Wow good on you.Im so happy for you. I Also have a ban in oZ but will apply to NZ soon.i hope i can share a positive experience here too.

  93. Hi Mege,
    Very thanks for this helpful site.
    I arrived oz on student visa in 2008 but didn’t complete my studies and became unlawful in 2009.here i will cut the long story.so i met my partner in 2012. we moved in together 2012.we got married in 2013 in oz.i applied for the partner visa but that got refused because i met schedule 3.but i have been given bvc.in 2015 i lost in MRT to.so i planed to return my home country with my wife australian citizen.we applied in nov 2015 with all solid documents like joint banking,lease,utilities,superanuation,goods,for offshore partner visa and still waiting.its moreover 9 months now.so just the question is does 3 year ban impose to me on offshore partner visa.will much appreciate your help.Have a good day ahead.
    THANK YOU

    1. Hi,
      Even if you have a 3 year ban, you can apply for partner visas or any other type of permanent residency visa so long as you are eligible and meet the requirements.
      Best,
      Mege

      1. HI MEGE,
        First of all thanks & appreciate to get me back.doing good things here to helping out the stressed people.now my question is will how long it will take more to grant the visa.its already been 10 months now.still not any co allocated.will they gonna bring this up in their consideration that i overstayed or it doesn’t matter.we have provided all documents even pcc from both countries.
        THANKS AGAIN MEGE

  94. HI,
    I was traveled singapore in 2006 because of no hotel booking they deported me to srilanka,
    Now i am going to apply masters in australia .
    Will it effect getting student visa?

  95. hi my name is ali, i was on student visa 573 but i couldn’t maintain my visa conditions my COE was cancelled and at the port of entry in Sydney international airport, i was refused entry, I have been in 4 months of same sex relationship, And would like to know our options for working out this relationship,he is visiting me in Pakistan as i was denied entry into Australia.

    What are my options, we have conversations we talk all the time infact my visa cancellation letter has the fact mentioned that i have recently came out to my family about my sexuality and my boyfriend was waiting out side at the airport at the time i was in interview with the immigration in sydney airport facility,

    Wanted to know what are my options.

  96. Hi dear
    My self Rajveer
    My student visa was cancelled due to working more than 20 hrs a week. And I was baned for 3 years to apply any visa.
    Now I have sponsorship for 457.
    Can i get 457 visa

  97. Hi there, need some advice on my case i was at Australia 0n 2008 on student visa for diploma course completed my course & successfully done visa extend but didn’t went my college for 3 month and as my father was sick i came back to my country nepal 0n 2010. After 1 month i return back to australia on october 2010 but immigartion caught me at airport & depoted me as i was not attending my class. now after 6 years my wife want to study in australia & planning for master degree as i am wondering what will be the consequences if we applied together as i want to be with her on spouse visa. please suggest me for the best thank you…

  98. Hi there,

    Will my 3 year ban from Oz for working on a visit visa apply to New Zealand too/hinder a temp visa application there or even a skilled occupation visa there?

    Thanks!

    Jane

      1. Hi Mege,
        I was ‘turned around’ 2016 from Aus as was found to be working on holiday visa. Will this affect me getting into other countries on hol e.g. Turkey, India? Thank you so much for your help. Best, Jane

  99. Hi ,Mege I was on a Tourist visa in 2012 with a USA passport and i got banned for a 3 years overstay, now i would like to go back with a student visa i was wondering if im able to apply for it?.

    Also i have 2 passports one from USA and the other one from Mexico, im living in Mexico right now, wich one you recommend me to use to apply for the visa. Thanks.

    1. Hi,
      As you have a 3 year ban, you can not apply for a student visa until the ban period expires. Even if you have 2 passport, you are the same person. The ban has been set against you the person not against your passport. Using another passport in order to get back into Australia is a form of migration fraud. If Immigration discover this at later stage, you will likely be deported and another longer ban may be applied to you.

      Best,
      Mege

  100. Please do Australia embassy verify bank statement. I received a call and was told told to give my bank details.
    Is this true? Please let me know?

    1. Hi,
      This sounds dodgy. If you provided a bank statement that should be sufficient. I’ve never heard of a case officer asking for specific bank details like that.

      Best,
      Mege

  101. Hi Mege,

    It’s so good to find your site here as I really need a expert for opinion about my status.
    I held a student visa in October 2014, the visa should be expired on this August which is my course finish. But I canceled my course to school when June 2015 and back to my country immediately. After that, I visited my cousin in Brisbane when X’mas with a ETA visa.
    In May 2016, I received a letter of decision that my student visa was canceled under section 128(holder overseas), and because I did not cancel it. Even my ETA is canceled as well.
    Just wondering do I get a re-entry ban on this cancellation? Even though there is a writing “no period of exclusion as a result of this cancelation” in my letter, I still got so many different opinions about this, I’m planning to visit my cousin soon, and I’m really worried this would be a problem when I apply a visa, or if I wanna apply a student visa again.

    Please let me know your feedback on this.
    Thank you!

    Wendy

    1. Hi Wendy,
      Thanks for your positive feedback. You should contact the Australian embassy in your capital city and check with them to be 100% sure that there is no reentry ban against you. It doesn’t sound like you overstayed your visa so a ban should not have been applied to you. Just check with the embassy so you know for sure before you reapply for any further visas.

      Best,
      Mege

  102. Hi, im Joan..
    about my situation, in 2010 i went to australia by travelling visa, and overstayed for 1 and a halfyear and came back on 2013. i was working there during my period of stay and was send back by authority. as a result i was automatically banned to enter australia for a period of 3 years. but now im working with an airlines company as a flight attendant and at the moment i can’t operate australian flight because my CTA ( Crew Travel Authority) that was requested wa rejected by australian embassy due to my autobanned. i’ve went to australian embassy in my country an d emailed a few person regarding my visa issue but they keep diverting me to other people. Can i know to whom should i refer my case please?thankyou

    1. Hi Joan,
      You can’t fly into Australia because of your ban. The ban can’t be removed. You are stuck with this situation until your ban finishes. Unfortunately this is how it is when you overstay in Australia.
      Best,
      Mege

  103. Hi Mage,
    I am a Brazilian citizen, living in Japan (under a resident visa) and I had my Australian tourist visa cancelled on 20th July, 2016. I got a re-entry ban 3 years with S48 and public criteria 4013. The decision was based on evidences that I worked in Australia during the previous months that I was there. I was in Sydney between May and July, went for a trip in Bali and when I tried to go back to Sydney they cancelled my visa. I am trying to contact embassies, consulates, MARAs but I am not getting an accurate help with the doubt I have. My boyfriend is Australian and we are willing to apply for prospective partner (300) or get married and apply for partner visa (309). I want to make sure if I can apply for those types of visas with this re-entry ban. Really appreciate your help. Thanks.

    1. Hi,
      If you are married you can apply for a partner visa even if you have a reentry ban but you must be eligible to apply. Given you have a reentry ban Immigration will look at your application very closely so make sure you are definitely eligible to apply. Otherwise you will just waste your time and a lot of money.

      Best,
      Mege

  104. Hi,

    In February this year my (now) husband had his tourist visa cancelled as the immigration dept deduced that he was not a genuine tourist. He was only on the visa while we were sorting out our de facto visa.

    He was immediately sent back to France and was issued with a 3-year ban from re-entering Australia on a temporary visa.

    2 weeks ago we got married in France and we are applying for a 309/100 Partner visa in the next couple of months once we sort all the paperwork out.

    My question for you is — Will he be able to re-enter Australia once he is granted the 309 conditional temporary partner visa? Or does he have to wait the full 2 years until he receives the permanent 100 visa before he can enter?

    I know he is not allowed in on a temporary visa, but I have read that he can be granted a conditional visa such as a temporary partner visa — does this mean he can enter the country with it?

    Many thanks

  105. Hello there how are you?

    I would like to ask you about three years banned in AUSTRALIA…………My student visa was cannelled last year because i had used a bogus Degree……. Can i go back to Australia after finishing three years on me?

  106. Hi, I am a student in Australia and my visa is going to expire in a month .. the issue is my home country passport has also expired and it will take it 4 weeks to arrive after I get it renewed by that time my visa will be expired. I have never been involved in an offensive activity and to scared to inform immigration about this. I feel like they will not extend my visa and when I receive my passport they will ask me to leave. i have not finished my course and wish to extend my visa. Can I apply for visa extension without passport? what do you suggest I should do and who should I get into contact with? Please guide. Thanks

  107. Hi, thank you for your information in this problem. To conclude my situation, me and my de facto girlfriend stayed in Australia in a student visa for 3 years Bachelor of business and she graduated her course earlier than me 6 months so she applied for a 573 subsequent entrant but got refused. We didn’t know because the application is paper based and the result didn’t get through our email and we checked all over the junk but couldn’t see it. As the result, she overstayed her Bridging visa A unintetionally for 12 days and got 3 years ban.
    Now I have checked with a migration agent. As you said she is ban from applying all the temporary visas. But I want to conclude her as 485 subsequent entrant visa and my agent said that it is fine as 485 subsequent entrant is not subject to 4014 ban. So is he saying the truth because 485 secondary is a temporary visa, please answer. I don’t want to risk our money. Thank you so much.

    1. Hello,
      You are better of going back to your own migration agent to check this with them. My understanding is that even if your partner was included as a subsequent entrant there would have to be compelling circumstances given as to why she overstayed and furthermore does this affect the interests of an Australian citizen or permanent resident, which isn’t the case. You have a difficult journey ahead of you go back to your own migration agent for further counsel on the matter.
      Best,
      Mege

      1. Hi, just want to tell you that the subsequent 485 has not been affected by the 3 years ban and the case officer didn’t ask anything after that, she went back to Australia easily after 3 months. We applied everything by ourselves.

  108. Hi, I am a New Zealand citizen, as far as i know i am elligible for a Special Catergory Visa to live and work in Australia. I have a partner who is a German ciizen, and two children, both children have NZ passports (one has Australian birth cert) . We are all currently living in NZ, however we wish to eventually move to Australia because my family live there. My partner currently has a 3 year ban, for overstaying in Australia, this is effective until December 2018. My question is, is it common to be successfull in applying for a partnership visa to re-enter Austalia after the ban is finished? And would the New Zealand Citizen Family Relationship (subclass 461) Visa be the best way?
    Thank You

    1. Hello Wai,
      Once the ban has passed, you are free to sponsor your partner for a Special category visa. This would be the option to pursue if you want to live and work in Australia on a residency basis.
      Best,
      Mege

      1. Hi mege thank you for your reply, it is very much appreciated! Is there a special catergory visa for german citizens? I thought that only applied to New Zealanders? Also i thought a partnership visa would be the only option for him? .. So it is best to wait for the ban to be over… I’m just worried that they would still not accept our request because of the past ban?

  109. Hi, I stayed in Australia for 4.5 years. And broke Student Visa conditions and from airport got a BAN of 3 years and now my Ban will get over on 9 May 2017. Is there any possibility I can apply and get the Student Visa again. I owe some balances on my credit card and Vodaphone bills as well as driving fines. Is there any chance I can apply and get a visa.

  110. Hi, looking for a little bit of help my friend and his girlfriend were living in oz on a student visa for 6 months March – September. Attending all there classes they were also working cash in hand not paying taxes. When they left the country nothing was said. They are now starting proceedings for a 189 skilled migration, they are worried that the case officer may compare bank statements and ask were the money was coming from as they were working throughout there visa sometimes breaching the terms of working over than 40 hours per fortnight

    Could this come up and cause problems in the application process, would they want to know there earning when they were there on a student visa this was almost a year ago?

    1. Hi John,
      Bank account statements are not a standard requirement for the 189 visa application when it comes to documents Immigration will want to see.
      Best,
      Mege

  111. Hey,

    my student visa was cancelled due to not enrolling and after getting back home I have applied back again to complete the remainder.I have an exclusion period of 3 years.My case officer sent me a letter requesting information to consider to grant a student visa(compelling circumstances stuff….)
    My university is a top 10 university in Australia and my course if a rare course and going to complete the last few units to get the degree.
    I have sent the case officer all the documents I think is important, completed courses in Australia, recognition letters from the uni etc..
    Do I have a chance to get the visa?I have already paid to the Uni and enrolled in the subjects.still havent got the visa though.Is waiving the ban a time consuming job(2-3 months)?
    Thanks heaps

  112. Hi Mege, i have different story, I was in Australia in 2006 on student visa which was valid till 2008. But I left my study In July 2006. Then in janaury 2007 I married my Girlfriend ( who was holding a student visa ) at marriage registery office in Sydney. But I didn’t apply for dependent visa. In april 2009 I applied for refugee visa but I was refused, then I tried MTR and again I was refused. I overstayed my 050 bridging visa till December but volunterly left Sydney same month and came back to Nepal. I and my wife got divorced in 2012 in Nepal ( she is married now ).It’s been 6 years now and I have no criminal record in Australia. I wasn’t deported nor kept in detention center. Now I want to visit Australia with my family on tourist visa to meet my sister who is permanent residency holder ( and willing to sponsor us ). Is it possible for me to get tourist visa ?

    1. Hi there,
      You can try to apply for a tourist visa. Whether you succeed your not depends on whether Immigration trust that you are a genuine visitor or just looking for a way to come into a country to overstay again. You must show you have permanent home in Nepal, with responsibilities like a job, rent/mortgage, etc. If they feel you don’t have strong ties to Nepal they will not believe you are genuine visitor.
      Best,
      Mege

      1. Thank you for your reply. I have a good business since last 3 years and good bank transaction details as well as I some properties on my name. Does that’s help ?
        P.S how many family members can Australian permanent resident can sponsor ? Thank you

      2. I’m in business since last 3 years and have business transaction in Australian high commission Certified bank in Nepal. As well as some travel history ( 5 countries). How about if we apply for tourist visa instead of sponsor visa from my sister ?

  113. Hi Mege,

    Appreciate the help I’ve seen on the site, you’re doing a great public service!

    I am a US citizen whose only family in Australia is my Uncle (father’s brother), dual citizen of the US-Australia living in Queensland.

    I overstayed a student visa by about 6 weeks at the beginning of 2015, leaving March 2015 after a two week grace period and had the three year reentry ban applied.

    My Australian Citizen girlfriend of two years now lives with me in the United States. We did not live together in Australia. She visited me in the US for a month in July 2015 and she has lived with me in the US on a Visa, we both have our names on the lease for apartments from Nov 2015-Nov 2016 and she plans to visit for another month in July 2017.

    We do not currently have any joint bank accounts however are both on the leases and pay equal shares of rent.

    What are the best options regarding Visas for me? We were looking into the Partner visa but are unsure what the steps are regarding timing of the application while still under the ban, odds of having a Visa granted, as well as if there are better sounding options to return as close to or sooner than March 2018 (three years from date of ban issue).

    Appreciate any guidance, for both my and her sake I would love to return as soon as possible and resume our lives together, allowing for work.

    Thanks,
    Will M

    1. Hi Will,
      A partner visa application is possible even if there is a reentry ban in place. This is not your main issue. Applying for a partner visa relies on evidence that you are in a defacto relationship for at least 12 months before you apply. If you have only started physically living together at the same address in the US, then you will have a hard time convincing immigration there is a defacto relationship of at least 1 year in place before you lodged your application. I would recommend you waiting for 12 months to pass before you lodge an application.
      Best,
      Mege

      1. Appreciate the guidance on this – do you have any inclination as to the success rate of these visa types in the face of a three year ban? Despite it not being a technical impediment to the application, presumably it would be taken into consideration on some basis?

        It is definitely a true de facto relationship and we have plenty of evidence to support that (joint lease, photos, communication logs while not in the same country, several trips over on her part to visit while on Uni holidays, etc). We will be able to get strong character statements from our relatives as well to back these up, though I am wondering if registering our relationship as a ‘civil union’ in my home state of Illinois would be a good step toward tipping the scales in my favour or if it is unnecessary in light of checking all the other evidenciary boxes?

        Thanks again!

  114. Hello, Mege. Thanks for your video sharing here. I am from Hong Kong. I had two years working holiday in Australia. And I tried to apply student visa but got refused as they doubt about my intention wanted to stay in Australia. I got caught last month in Airport as I hold ETA and officer found I had work evidence in my cell phone.
    I read a little bit about the letter they gave me. The last page …..other relevant reasons (including mandatory legal consequences) :the officer wrote “I have also considered the legal consequences that a decision to cancel the visa will have including whether the visa holder would be subject to detention under s189; removal under s198; and exclusion period under PIC 4013 or barred form applying for visa s48 of the Migration Act as well as any other decision bars or legal consequences and therefore i have decided to apply some weight in the visa holder’s favour.”

    And the result is my visa got cancelled. I have an OZ boyfriend who is a PR.
    I wonder can I apply 309 visa to come back?

    Is it I can’t apply any visa in this year as the letter said i got removal under s198?

    1. Sorry Mege, I asked wrong question. I want to know can I apply 300 Offshore Prospective Marriage Visa in my situation. Thank you very much. I appreciate what a hard work you do in here. All the best!

      1. Hello,
        If you are engaged to be married to your Australian boyfriend then the Prospective marriage visa may be an option. You need to provide genuine evidence of the engagement and intention to marry i.e wedding plans etc.
        Best,
        Mege

  115. Hi there
    I’m deported from austalia last year in 2015
    I used to live with my girlfriend for 3years and she was on 457 visa
    When I deported she came to my county and we got married
    Now she is going to apply 187 visa which direct entry of permanent in austalia so I just wondering ‘is it possible if she put my name on her file so we’ll get the visa together …?

    1. Hi,
      The 187 is a permanent visa. If you are in a genuine spousal relationship you can be included as a partner regardless of your ban.
      Good luck.
      Mege

  116. Hello,

    If I was looking to get a partner PR visa in Australia would it be wise for me to say that I was denied entry into a country a few years ago? Some people are afraid to put this in their visa application as they feel it might get their visa PR visa denied. What would be your best advice?

    Thanks

    Charel

    1. Hi Charel,
      If the application asks you to disclose such information you should be truthful. If you withhold information or answer incorrectly and Immigration discovers this later they can cancel any visa you hold.
      Best,
      Mege

  117. Hello,
    First I would like to thank you for this helpful video, you just gave me some hope.

    My fiancée had her student visa canceled ( she is from Mauritius ). Her school reported her because she was too absent.
    She left australia when the immigration told her to and she is now offshore back to her country.
    I am trying to find a solution to bring her back, do you have any advice for me? what should I do?

    I am at the moment waiting for my employer to do my nomination for a Permanent Residency as I have been sponsored (457visa ) by same company for the last 3years, so I guess it would be a parter visafor her.

    Thanks for you help
    Best regards
    Raphael

    1. Hi Raphael,
      Yes you are on the right track. A partner visa application is the only way she can reapply. Any temporary visa is not an option for her for the next 3 years.
      Regards,
      Mege Dalton

      1. Thank you for your answer,
        I would like to know if for a partner visa, the time spent with my partner could be shorter in a visa 457 than a PR ? I don’t know if we can prove that our relation ship is one year old.
        Regards
        Raphael

  118. hi mege,
    i m from nepal.i went to australia 2009 as student, and i returned back to my country after a year i.e 2008 before my visa expire but i couldnt complete my studies.After then i complete my bachelor studies in Nepal.Now i want to pursue master study in australia, so i would like reapply for visa. i didnt have any bad history over australia. What would be my visa approval chances.

    1. Hi Rovin,
      What’s the issue? You haven’t done anything wrong previously. Just apply for another student visa for your Masters course.
      Best,
      Mege

  119. Hi, I wanna appreciate the site that you have created for helping us . My question is that I got deported from USA before and now I’m splying for the visa sub class 189 and I already got the expression of interest my application is on the way right now . I was wondering if my deportation from USA will affect me applying for permanent resident visa to Australia ? Thank you for your time

    1. Hi Gomes,
      Just be upfront about your deportation in the 189 visa application section that asks about this. You should be ok. Don’t lie in the application because if they find out that’s grounds to cancel any visa they give you.
      Regards,
      Mege

  120. Hi there,

    I appreciate what you doing in this site, in my case, i have been given a 3 year ban in 2012 for fraud TRA EXPERIENCE DOCUMENTS (PIC 4020) Then i applied for MRT. And decision came against me in 2014. And i came back home. I was wondering weather i can still be considered for any visa of australia after finishing my ban period? I have done the diploma and bachelor of business in hospitality. Want to know about the chances of getting australian visa..
    Thanks for helping all of us.

    1. Hi Ajay,
      Hospitality managers are on the SOL. If your ban is up and you are eligible to apply for a skilled migration visa (without using fake documents again) then there is nothing stopping you from applying again.
      Regards,
      Mege Dalton

  121. hi mege..I got a 3 year ban in australia for overstaying my student visa,i left the country voluntarilly.Now I am planning to apply for a student visa in New Zealand.Would it affect my application? thanks mege

    1. Hi Rose,
      I think you should be o.k but be prepared for any questions about whether you have been banned from other countries in the application to NZ. If these questions come up, be honest that’s the best policy.
      Regards,
      Mege Dalton

  122. Hi,
    I went to the UK on a student visa in 2009 I Could not finish my 3 year degree. I completed 2 years in university and got a diploma in higher education. I returned to India in 2014 with one year re entry ban in Uk which was lifted in 2015. I am pursuing B.com in India now which will complete in 2017. Can I give a go at Australian student visa after I complete my course in India? Thank u

  123. i have done Diploma in August 2008.
    My TR got refused because did not get 6 band in ielts. Then applied for MRT got refused, then Magistrate court but withdrawn and then Applied for Ministerial Intervention got refused again then Protection visa and then RRT and withdrawn RRT and came back to my country, But at departure they said they ban me for 3 years The reason was given to me for ban is you left Australia while holding a Bridging visa E which was granted to you more than 28 days after your substantive visa expired.

    Ban finished in Sep 2015 now what are the chances to get 457 visa ? I have employer to sponsor me. thanks for your help.

    Exclusion period affected by PIC 4014 confirmed by DIAC.

  124. Hi,
    Really hope you can help me with my question as other internet searches are proving fruitless. I was stopped at the airport and caught working on a tourist visa, so removed from the country and banned for three years.
    This was last week.
    I am now about to apply for a working holiday visa for New Zealand but is there a record on my passport that I have been removed from Australa. It is a new chip passport from the UK?
    Thanks

  125. Hey there, I’m glad I found this site, as I am lodging a visa application very soon, and your opinion would be very much appreciated.
    When I was very young, my parents and I moved to Australia, and at a certain point our visas expired. We overstayed for (probably) years, and when I was 17 years old, my parents and I decided to move back to our home country. I was automatically given the exclusion period.
    It has been 6-7 years now, and I will be lodging a student visa application 573 (Higher Education – Studying for a Bachelors) under the streamline visa processing system. Considering my bad record of overstaying when I was under 18, do you think they will weigh that heavily on my assessment?
    I look forward to hearing from you.
    Thank you,
    Ben

  126. Hi i have been found gulity of common assault with section 10 good behaviour bond.what my chances to come back to australia on partner visa offshore.

  127. Hey! My problem is the following. The thing is that I’ve abandoned my studies due lack of funds so my visa will be cancelled within the month but my flight to go back home is the next month so I’d be overstaying for about a month.I’m completely fine with the 3 year ban cause i intend to stay home but my concern is if i can be arrested or detain at the airport or before that. Obviously i can’t afford any kind of fine or lawyer since my primary reason for leaving and all this mess is my poor financial situation.
    I’ll be very greatful for any insight in this matter.
    Best regards

  128. Hi there
    Thanks for the wonderful site. I really appreciate your effort that you putting here.
    I have got a long story to tell you. Please do not loose your patience while you reading this story. I desperately need some expert opinion.
    I entered to Australia in 2008, probably the month of May I guess and returned back to Bangladesh in 2014. Probably the month of July. By this time unfortunately I couldn’t complete my study due to some personal and family affairs. While I was in Australia I renewed my student visa few times. First time I had some difficulty to renew it because I had some miscommunication with my uni regarding the summer holiday. When my case officer asked me about this I gave her the proper explanation with proof and she except this and renewed my visa. Another time I have got a section20 notice from my college and they advised me to write to the minister to revoke the notice and I did. The result way positive, that notice had been revoked.
    My real problem happen in 2014. While it was the time to renew my student visa again, I couldn’t do that on time due to some financial difficulties. But I applied within few day. But my visa was refused. So went to MRT but the same thing happen again. So my next option was federal court. I attend my first hearing at the court and was waiting for the second one. That time I didn’t have any lawyer to guide me. While I was waiting for the second hearing something very important happen in Bangladesh and I had to come back to Bangladesh. During this time I was holding a bridging visa E.
    After few month my friends in Australia revived a latter on behalf of me which state that my application to the federal court is canceled and I have pay a amount to the around AUD 6000+ which I couldn’t able to pay yet. That latter also says that I’m ban to re entering to Australia for next 3 years.
    At this moment I desperately want to go back to Australia. I nearly done 2years of my ban. So what I want to know from you is
    1. When dose my ban periods started.
    2. Is there any possibility or way to reduce the ban time.
    3. What kind of visa Category is appropriate for me.
    4. One of my friend inform me that if a person or company sponsor me I might be able to get a visa during this time. Is that true?
    I do not have any kind of criminal record over there.

    Once again I really appreciate your effort, and eagerly waiting for your response.

    Best regards
    Shahriar

  129. Hi..i came to australia on student visa in 2009..in 2011 i got married there thn i applied 802 visa with my partner..but my visa got refused lack of evidence thn i applied MRT thn ministry but outcome was same..thn immigration gave me 28 days and i left australia within 28 days..i think i am affected from pic 4014 ban..i divorced with my ex…but in india i got married my second wife is also aus citizen she is living in aus for last 12 years. She is also divorced n hv 5 years old kid with her ex husband…wt are my visa options? We r going to apply 309 offsore visa but after applying that visa can i vist my wife in aus while my 309 visa in procces? And is that pssible to waive off pic 4014 ban? So i can visit my wife
    Please advise me with this situtaion
    Thanks

  130. This blog is so useful., I have a query I was on a student visa for nearly 4 years but refused my visa due to attendance shortage but unknowingly I overstayed my visa for 2 months when came to immigration
    They issue me BV E on departure ground I left Australia on this visa I left Australia on 2012 and I had done 2 year diploma course in Australia .,my three year ban is over and now I am applying for 457 sponsored visa does the 3 year Ban will be problem or my past overstay history In getting this visa .,please do reply in detail THanks

  131. Sir I Would like to inquire about a problem I’m facing right now. I applied for a student visa on 20th April 2016 in King’s Own Institute. I recieved Medical Request on 27th April and Had My Medical Examination on 4th May. On 30th May I Received a Mail from the Embassy inquiring about a case my Father Lodged in 2010 which was of a Refugee Visa. I Forgot to Mention about this in my Current Application. Now The Embassy is asking me to justify this.. I was unaware about the visa application my father sent cause i was a teenager at that time.
    Another Problem is that of my Name.
    My Current Visa Application states my name as Bilal Ali Khan. My father use a surname of SIDDIQI which i never used in my documents since childhood. They are objecting that I used two different names to lodge two different cases. One in the case my father lodged in 2010 and the one I lodged currently.
    My father applied for a Visit visa in 2012 for himself and got it. He is now in Australia from four years . He is currently on a bridging visa there with full working rights (He is on a political asylum visa).
    Now my main concern is that, should I Justify my point ? Will they believe in what I’m saying? And how much chance do I have to get an approval? And will they BAR me from Entering in Australia if I couldn’t justify my point? And finally, will it effect my father’s case in any manner?
    Please advise me on this matter as I Have 28 Days to reply to their mail.
    Should I take this as an opportunity to reply or withdraw my case?
    Clearly suggest me the Pros and cons of replying to their mail.
    Ill be very thankful for your precious time.

    Bilal Ali Khan.

    1. Hello there,
      Your care is very complicated and you should be looking for an immigration lawyer to handle your case rather than trying to get very specific answer and advice on a general forum. If you want my help please go to the services section of my site and choose my platinum service. I’m sorry if you are looking for free and quick solution to your case. A professional would need to review your actual paperwork from letters/emails from Immigration to then advise you what to do.
      All the best whatever you decide to do.

  132. Hi
    M Harry from India .I come in Australia in 2009 and due to shortage of attendance immigration cancelled my visa and then I applied MRT but they also cancelled my visa.I didn’t overstay .I came back to my country within a given time.I have no any criminal records.I asked from Australian immigration in india that is there any ban on me they told me that I had no any ban of 3years.But I left Australia 5yearsago.it’s a long time.I want to ask that can I apply dependent visa with my wife because my wife want to study in Australia.can I apply with her?Second thing my sister is Australian permanent resident can I apply visitor visa to meet her?please reply.your information will help me a lot. Because I m really in confusion no one guiding me correctly.
    Thanks
    Harry

  133. Hi…
    First of all i would like to appreciate you for guiding people. Your advice seems very useful.
    I would like to know i have re entry ban in Australia as i overstayed for 3 years. I was misguided by my lawyer. i never realized that i am overstaying. Finally i was caught by cops for speeding and from there i came to know that i am staying illegal. i really want to go back and study. what are my chances? will my student visa be approved? Does my ban affect me going for student visa in New zealand? Also i want to know how i became illegal in country as i have never got any intimation or paper from immigration or my lawyer? is that possible to get my stay history and visa i was into from the website Freedom Of information? Please guide

  134. Hi There! I got 3 years deportation from Australia, they thought that i was working with tourist visa, which is very open to comment! anyway, deportation will finish in 1 year. My question is : do you think it s going to be problem when i apply to USA visa after 1 year when my deportation period ENDS ? in USA visa conditions , it says: have you ever been deported, shall i tick yes or no? do you think USA border will see that i was banned from australia? the important part is that i will apply usa visa after the deportation period ends. I mean will this deportation follow me for the rest of my life 🙂 Thank you so much

  135. Hi! Thank you so much for this helpful information!
    I’m a US citizen on a 3 year ban due to suspicion of me working while on a visitor visa.
    My partner is an Australian citizen and we were living together for 5 months (dating longer).
    If we were to marry (we plan to regardless of the visa decision-we love each other), would a spouse visa be high risk of being denied due to my recent ban?
    Would I be able to visit him in NZ during my ban or are they related?

  136. hi
    i have been removed from australia under the act of breaching my visa condition 8202(2)(a) but i still had my visa valid till 2017 but they cancelled my visa and sent me back to my country
    what are my options to get back to australia and my option for applying permanent residence visa? and when can i apply permanent visa if i have 60 points
    thank you

  137. Hi,

    9 years ago, My mum was refused an Australian visa and I was her dependent. No I have planned to go to study there. Should I mention it that my mum has been refused a visa cos in the visa application form they have asked about me ie. if I have ever been refused a visa. Help

    1. Hi there,
      If you were refused the visa as well given you were her dependent that you should disclose this if you are asked about previous Australian visa history. Immigration will not hold it against you.

  138. Hi,
    my student visa was refused; main reason being submitting the application form on the 29th day. which i dont know i stayed in Australia illegally during the period from my last visa to the day i applied. and now, my visa is refused. my question now is, is the 3 years ban firm on my case? and if i apply for a waiver from my country, do you reckon it will be more than a 50% chance to waive it?

    1. Hi Michelle,
      You should be aware that Immigration very rarely waive a 3 year ban that has been automatically applied, doesn’t matter what kind of reasons the person had for overstaying the visa in the first place. As the saying goes “Ignorance of the law is no excuse”.

  139. hi there, I had my permanent visa cancelled(relationship ended) on 201, im am not 501 . I am currently at villawood detention centre, getting deported within the next couple of weeks.
    my fiancée is coming to brazil with me, where we are planning to live for the next 12 months or so. we are getting married there and id like to know if theres any ways around the 3 year ban.
    im trying to get married whilst in detention centre but im not sure if ill have enough time.
    thanks a lot.

  140. I went to Australia in 2013 for master in university and then I changed to diploma college after getting reliving letter form university. I continuing my studies in diploma college after some time I got mail from immigration under bridge visa E give me the specific reason why u changed from master to diploma. Then I went to see a lawyer and filed a case on immigration. After one month lawyer got a message from immigration that your visa refused you can stay upto 28 day. Within 25 day I came to India. Can I apply for another visa to Australia, what other visa you suggest me ..

  141. Hello Madam,

    I would like to know about Australia Student Visa Postgraduate Research Sector (TU 574). I was in student visa (574) for six months in Australia. After discontinuing my research studies due to personal reasons from university, I left Australia. I requested Immigration to cancel my student visa and did so. I did not overstay in Australia. I would like to know Am i eligible to apply for any type of student visa again in Australia.
    Thanks

  142. Hi Mege
    I have a three year re entry ban for Australia after breaching my student visa (July 2015-July 2018) . Iam planning to TRANSIT through Australia this year (2016) since most of the flights to Europe and Middle East connects through Sydney and since i am a Fiji passport holder, one does not require transit visas (less than 72)hours to transit through Australia.

    The issue is, i have been trying to contact the DIBP regarding this and have checked their websites but cannot seem to find a concrete answer whether this will be an issue
    or not.

    Any suggestions?

  143. Hi there..me and the kids really want to go to Australia, but my husband overstayed and still work illegally. Is it possible for us to go or it would be hard to get the visa?

  144. Hello,
    I have read most of questions and your reply in the forum.

    I would like to have some advice from you for my case, please?

    I got the 573 student in November, 2008 with pathway Elicos+ foundation+ BA of primary teaching in Wollongong university which was taken almost 5 years to completed the course. However, The immigration gave my visa only 1 year period.

    After my Elicos and 1 semester of foundation i had withdraw from the uni and applied at TAFE NSW for Diploma of Children’s Service course and at that time TAFE had not the Early Childhood course yet. So the administration staff advised me to change visa status to 572. I had apply online for the visa and the immigration asked for IELTS score 5.5 but i took the test and had 5.0 score. Then I got refused visa.

    Hence, I came to the immigration and the said that i could applied for Tribunal Review. I followed their direction and did it. During that time i still studied at TAFE and in summer holiday I came back to my home country with the travel visa in 28 days.

    After holiday, i came back to Australia to continue my course without any noticed from immigration until i finished my final examination of diploma course.

    I went to immigration and ask them for my visa status at that time. They said The Immigration had sent the result to me for long time, but they didn’t receive any contact from me. I said “I didn’t get any noticed from them even email, or letter”.

    They asked why did i contact them sooner i said i didn’t got any inform and i so busy with my study. Finally they gave me 3 years ban for reason that i had stayed over 1 month.

    Because i had finished my study so i did not have much any concern, i came back to my home country immediately in December, 2011 and stay in my country until now nearly 5 years.

    I have a sister and she has got married Australian. Now she gave birth a baby girl, my mum and i want to visit her for 2 weeks. Is it that possible for me to get tourist visa?

    Thanks for your spending time on my question.

    Wish you all the best.

  145. Hello,
    I have read most of questions and your reply in the forum.

    I would like to have some advice from you for my case, please?

    I got the 573 student in November, 2008 with pathway Elicos+ foundation+ BA of primary teaching in Wollongong university which was taken almost 5 years to completed the course. However, The immigration gave my visa only 1 year period.

    After my Elicos and 1 semester of foundation i had withdraw from the uni and applied at TAFE NSW for Diploma of Children’s Service course and at that time TAFE had not the Early Childhood course yet. So the administration staff advised me to change visa status to 572. I had apply online for the visa and the immigration asked for IELTS score 5.5 but i took the test and had 5.0 score. Then I got refused visa.

    Hence, I came to the immigration and the said that i could applied for Tribunal Review. I followed their direction and did it. During that time i still studied at TAFE and in summer holiday I came back to my home country with the travel visa in 28 days.

    After holiday, i came back to Australia to continue my course without any noticed from immigration until i finished my final examination of diploma course.

    I went to immigration and ask them for my visa status at that time. They said The Immigration had sent the result to me for long time, but they didn’t receive any contact from me. I said “I didn’t get any noticed from them even email, or letter”.

    They asked why did i contact them sooner i said i didn’t got any inform and i so busy with my study. Finally they gave me 3 years ban for reason that i had stayed over 1 month.

    Because i had finished my study so i did not have much any concern, i came back to my home country immediately in December, 2011 and stay in my country until now nearly 5 years.

    I have a sister and she has got married Australian. Now she gave birth a baby girl, my mum and i want to visit her for 2 weeks. Is it that possible for me to get tourist visa?

    Thanks for your spending time on my question.

    Wish you all the best.

    Vu

    Now

  146. I didnt over stay bcoz i got caught on airport there was 1 year visa remaining, and when i was deported there was phone bill &few credit card due on me.. it was on 2010…

  147. hii there, thanks for your support. i want to discuss you about my case… I was in Australia for 16 month student visa , i completed my course & extended my visa for another 15 month as studendt visa, but after i got visa i didnt join to college & after few month i came back to my country nepal, & i stay here for 40 days & when i return back to australia immigration caught me at airport, & they confirmed through my college & i was not regular on study so they depoted me back 0n october 2010, now my wife really want to go Australia for master study & i want to apply as dependent as its 6 years passed away, am i illegible to apply with my wife for dependent visa,, or there will be any problem for my wife student visa as well.
    please kindly reply on my situation … thank you.

  148. I overstayed in Australia for more than 5 years but left on a bridging Visa E. I left on 2011. Will this appear on my Australian Police Clearance Certificate?

  149. Hi

    I went to Australia on a 417 visa on March 13 and stayed for over two years. Slightly overstaying my visa. I recently tried to apply for the same visa on my Irish passport, having previously applied on my British passport. This was found out by the department of immigration, that I was giving false info and I have been refused and given a 3 year ban. I am desperate to get back to Australia to Wat I now consider to be my home and where my girlfriend and friends are. I am very interested in the skilled migration visa. What would my chances be of obtaining this visa? Thank you

  150. Hi

    I went to Australia on a 417 visa on March 13 and stayed for over two years. Slightly overstaying my visa. I recently tried to apply for the same visa on my Irish passport, having previously applied on my British passport. This was found out by the department of immigration, that I was giving false info and I have been refused and given a 3 year ban. I am desperate to get back to Australia to Wat I now consider to be my home and where my girlfriend and friends are. I am very interested in the skilled migration visa. What would my chances be of obtaining this visa? Thanks

    1. Hey Wayne,

      I’v seen your post on the immigration website, I’am a bit in the same situation as yours but I was wondering, when did they find out about the second passport ? When you applied for the visa on internet ( email ), or at the border when they scan passport ? Thank you Mate If you help me on that one I may be able to help you ..

  151. Hello,

    Great Blog ! I have a quick question though. I overstayed my student visa by 2 days just when I was about to finish my Bachelors program. The Immigration Department gave me a bridging visa until the end of my course (it was about 2 months) after which I returned back home.

    After one month, I got the banned waived by writing a plea to the Department of Immigration as it was an accidental stay. Again I applied for a new student visa to start my masters degree (as I had already completed my bachelors degree) and the student visa was granted to me immediately.

    I later then flew to Australia and finished with my Masters Degree. After completing my masters degree, I returned back home. Now I have applied for Skilled Migration. I was wondering if there is any probability of my application being declined for this issue ? I’d like to also state that I am successfully meeting the minimum point requirement and also do not hold any criminal records or offences.

    Any response in this matter will be highly appreciated!

    Thank You!

  152. hiii merge .i m ram from nepal .i recently got arrested over a conviction and they found me i was staying without a visa .i pleaded for guilty but didnot get sentenced so i was deatined and sent back to home .now i m in nepal and i got a brand new passport which doesnot have any details of australian visa or entry .my wife wants to study in nz .and i want to be her spouse .what would happen if i didnot mention the nz governmnet about my stay in aus .will they find out ?pliz help me know this …..

  153. Hi I was on student visa till may 2017 but I was outside of Australia from 9 months and now my vevo status is showing that you do not have a current visa. I have no debts and criminal record what should I do.

  154. My husband overstayed his student visa it was cancelled and he was deported from Australia so he won’t be affected by this? We applied for a 309/100 partner visa

  155. Respected Mam.

    My name is Ravi.I was in newzeland on student visa .I was deported and got 5 years ban.
    Now I am planing to go to Australia on spouse visa, My wife is there on student visa.she went there before 2 months.
    Will it b hard for me to get spouse visa ?
    It would b great help if you guide me for this.
    Thank You.

      1. so what should i do next. ?
        should i try for spouse..when we aply for my partner visa she mention she is married.so as an Australia immigration rules spouse are allowed .
        I am sorry. I am very much confuse thats why ask questions.
        Thank you.

  156. Hi hw r u jus wanna know what are the chances of getting partner visa for Australia after 3years ban finished.if someone don’t have any criminal record nthng .3years ban coz of over staying some months .they still gonna consider last history or easy to get partner visa after ban gonna finish.

    1. Immigration will consider any genuine partner visa application regardless of you overstaying. So long as you don’t have a criminal record apart from overstaying don’t have any other immigration related breaches in your record with Australia.

  157. hey , I was a student of one of the top 8 universities in Australia in Sydney and my student visa got cancelled due to not enrolling in a semester as had a severe financial hardship.I have completed over 2/3rds of the undergrad degree in IT and have successfully completed the first year diploma completion and recognition letter for a unit done for my performance as well.
    Now that my financial situation has been rectified , is it possible for me to get a student visa granted within the exclusion period to go and complete the remainder?I have obtained a letter from the Dean of my department mentioning the remaining units to be completed.Im on my first year of the exclusion period right now.Any advise would be great.

    1. Hi Danny,
      You can put in a student visa application to Immigration and explain your situation. Normally they don’t remove the ban even if you have a compelling case because it sounds like they cancelled your visa but you overstayed rather than left the country in time.
      All the best.

      1. well.until the day I left Sydney I was on a bridging visa E with work rights and always held that bridging visa till I left.So I havent overstayed.but without a lawyer I went to the MRT and and MRT affirmed it as I mentioned Im not financially stable at that time to continue studies.Is it worth lodging a successful application in this scenario with an explanation to the immigration?
        Thank you

  158. Hi there expert..My friend has a tourist visa of 1 year with no stay of more than three months in each stay. Afyer three months of stay she returned back to her country but again left for Australia country after 10 days from her country.. Immigration after the interogation caught her of working asPlease well which she denied…she is still at detention port there for two days…. Please suggest what could we do from our side? Are there any complications or any visa refusal chances in future???

  159. Hi , I am dipinder , I lived in Australia for 4 years on my study visa , as I breach study visa condition as I did not attend my college properly so they canceled my visa told to leave country , I left Australia within the time frame given and now 3 years re entry ban is completed, now can I apply for any visa to Australian please suggest

  160. Hello, thanks for the explanation, it helps a lot.
    My friend has some problem. He was holding WHV 4 years ago then because of the boss and his ignorance, he’s overstay now…
    Our friends own a business here and want to sponsor him PR. Is that possible he could apply here instead of going back to his country? Or anything else we could do?

    Thank you very much for your help in advance

    1. Sorry, I forgot to mention. He is working for my friend’s company also and paying tax everything legally. Is it alright our friend could sponsor him become permanent resident and the boss won’t get the fine or any trouble?
      Thank you very much

  161. Hi i want to ask that iv got a 3 years ban if i apply for spouse visa coz my wife is Australian will i get the visa or not?

  162. Hi,Do I need to show work experience to apply for RSMS visa. I have more than 2 years work experience in Australia in different positions.
    I came to india dec 2014. Until today i didnt work anywhere.
    Is this gap ok to apply for rsms visa.
    Thank you.

  163. I am Davinder. My husband went to Aus in 2008 on student visa. His visa was supposed to get expire in 2010 but due to lack of placement by college, college extended the COE of all the student. He finished his studies in 2012 Feb. He came to India on bridging visa in March 2012. During his stay, his father got detected with last stage prostate cancer. After that he went back in July for a week and return back. He decided to quit the decision of going back to Aus. But his education documents were there then he again went back in Dec for a week . his visa was supposed to be expire in Feb 2013. After that. He did not go back and open his business here. Now I have applied my student visa with my husband for my further studies. Can u tell me, will this create problem in my visa. Please reply

  164. I am Davinder. My husband went to Aus in 2008 and his course was supposed to be completed in 2010 but due to lack of placement college extended the COE of all the student. He return back in feb 2012 after the completion of studies. He came on a bridging visa. When he had to go back but his father was detected with prostate cancer last stage. After that, he went back for a week in July and return back. Then he decided to quit to go back but his education documents were there so, again he went back in Dec for a week. His visa was supposed to expire in Feb 2013. Now he is setteled here. He has open his own buisness.Now I have applied my student visa with him as I wanted to do further study. Can u tell me is there are any complications or problems that I will face in my visa.Please please help me. I will be thankful to you.

  165. I am Davinder. My husband went to Aus in 2008 and his course was supposed to be completed in 2010 but due to lack of placement college extended the COE of all the student. He return back in feb 2012 after the completion of studies. He came on a bridging visa. When he had to go back but his father was detected with prostate cancer last stage. After that, he went back for a week in July and return back. Then he decided to quit to go back but his education documents were there so, again he went back in Dec for a week. His visa was supposed to expire in Feb 2013. Now he is setteled here. He has open his own buisness.Now I have applied my student visa with him as I wanted to do further study. Can u tell me is there are any complications or problems that I will face in my visa. Please guide me. He never overstayed and he never breech any visa condition. What are the chances of getting visa to me. Please please help me. I will be thankful to you.

  166. hi there, i was wondering if : my visa was canceled and i am banned for three years in australia, now i want to apply for my working holiday visa in new zeland, with another passport, do you know how that affects my application? thank you

  167. Hi,

    Was just wondering, I overstayed my visa for a year due to some complications with the uni. As I was applying for a change of program and the enrollment closed before I could apply and when I applied for the next semester I was accepted but there were some complications. In the end, I overstayed my visa for a year although I was living in Australia legally for 6 years prior. I am leaving Australia voluntarily. However I just wanted to know if I would have an “illegal immigrant” or similar stamps, stamped on my passport when I leave? Or would I just be given the 3 year re-entry ban?

  168. Hi I’d like to know if the ban was specific to passport? Because I have a new passport since departing from Australia.
    Would i get away with the ban by applying with a new passport with a different passport number? What are the chances of me getting into trouble at custom as they obviously has my other details

  169. Hi, I overstayed for nearly 10 yrs and last yr finally had the guts to go to the immigration.
    I left Australia last Oct, but since i lost my passport while i was there, i had to apply for a new passport when i got back to Malaysia.
    My new passport has a different number than the old one, does the re-entry ban still apply? I mean, i know it probably does but i just want to confirm.
    Obviously Australian immigration would have my information and everything. If I managed to successfully applied for an ETA to enter Australia, any chance I’d be stopped at custom?
    Thanks for ur time and ur efforts^^

  170. Hi,

    This is a great site! I’ve been looking everywhere for good information on this topic.

    I was given the 3 year reentry ban on my tourist visa in Oct 2014, after my one year working holiday visa. The agents thought that I was going to carry on working.

    I have no plans to go back to Australia any time soon but I am planning on going travelling around the world with my partner next January and I was wondering if this ban will have an impact on visiting other countries. It really worries me that it will show up when I apply for other visiting visas.

    I don’t want to start planning the trip if i know that its going to make it difficult.

    Any advice would be much appreciated!

    Thank you!

  171. Hi there here my story from 2003-2004 i study in australia but by the end of 2004 i decided not continue my study so i went back to country without telling the school. However later my sister inform the school that i did not continue the study cause of financial problem. In 2007 when i want to re apply visa for study my agency told me that i was ban entry to australia cause the last time i did not report that im going back home. Now i want to apply visa again for my cousin wedding. Do u think i will get a visa ? How long ppl will be get ban to re entry australia ? Thx

  172. Hii my self sarpreet Singh.I went to Australia in 2009 on student visa my visa was cancelled due to lack of attendance. I came back in 2011 .I didn’t overstayed.here in India I got new passport bcz I lost my last one.I want know that can I apply for student visa again or can I go with my spouse to new Zealand or canada

  173. Hiii I got my student vissa in australia on april 3 2013 I continued my studies for 1year and after tat I couIdnt continue futher because of financial issues and didint pay my last sem fee ..from 2014 I started working without studies …. in march 2015 I came to india for my brothers marraige and I stayed for 45 days …when I am about to fly back to australia I got a mail tat ur vissa is camcelled bec I didnt go to col and I worked as a ful time and ban of 3 years dis is wat they mentioned in the mail.. I didnt pay the mobile and credit card bec of my vissa cancelled …wat are the options do I have to fylly back to aus r shuld I wait for 3 year ban to be finished r can I get marrige and can I got on her dependency nww ….can u please please suggest wat are the options do I have nw????

  174. hi there , I was banned from Australia for 3 years . I applied subclass 485 and it needed 6 ielts bands for its assessment but I couldn’t get these bands. I lost MRT AND minister intervention. They asked me to leave the country and I left the country on 15th of May 2013 within given time of 18 days .
    I want to study BBA in HM . what are the chances . can I apply 457 after completing my 3 years ban after 15th of May 2016 ?
    lookin forward to hearing some good advice from you.

    With regards,
    Ranjit

    1. Hi Ranjit,
      When your 3 year reentry ban has expired than applying for temporary visas which you are eligible for will not be an issue.
      All the best.

  175. Hi Mege, Thank you so very much for providing this service. My partner and I have been together for approx 2.5 years. And have been married for 6 months ( we got married in the US). I am a AU citizen and he is US citizen. We lived in Australia together for over 1.5 years as we did not want to be separated he had his AU tourist visa extended but then he overstayed that as we had a financial crisis and could not leave, we did not have the funds for him or I to travel outside AU.

    We voluntarily went to immigration as soon as we could raise the funds to leave, he was given a 3 year ban. At the Airport when we left we were told by immigration officials we could apply for a PR visa in the future and his ban will be waived. We were also told that he could approach the Australian Embassy in the US to have the ban waived or reduced.

    We have the same issue here in the US as we are still trying to raise the funds to apply for an AU PRvisa for him and a green card for me here, but as you know it is crazy expensive – and we can’t afford to even to apply for my green card here yet. He has no family here except for me. We have not been apart a single day since weve been together.

    If leave the US and have not applied for a green card first it will be a long, difficult and costly process to return to US, as he still has another 2.3 year wait on his ban in AU. We feel so displaced, lost, frustrated and stuck by this predicament all because we want to do the right thing but don’t have enough money to apply for any visa in either country the right way. It is so sad that unless we have money we don’t have a country we can stay in together and have no permanent home or security, and if we want to stay together we are forced to break visa rules or get penalised.

    We are really struggling to know how to move forward and just want to return home to our family in AU an it is becoming URGENT as also I have a teenage daughter back in AU now in real need of our assistance with some challenges she is facing within a few months time, but I cannot get back there because he cannot return with me to help support us. And we dont want to be stuck apart and neither of us be able to travel to the others country. We just want to stay together. This is bringing us a great deal of anxiety and distress. We don’t know what to do?

    Is it possible to have the ban reduced or waived by the AU embassy in the US? And if so what is the process or criteria for this? This could really help us return home to our family sooner without all the extra complications and expense.

    Is there any way to get funding support for any legal help with our application?

    And If we are ever able to apply for a PR in the AU for him, what will happen to his 3 year ban in that process? Is there any other criteria that has to met for this to be lifted.

    We appreciate any assistance you can offer. Thank you kindly 🙂

    1. Hello there,
      Thank you for your detailed message. I understand that you are in a very difficult situation in relation to the Australian as well as US immigration/visa predicament you find yourselves in. Unfortunately as far as the Australian immigration process is concerned there is no way to waive a reentry ban once it is in place in regard to apply for a temporary visa for your partner to Australia.
      In relation to the legal aid or funding to help you, I don’t know of any sources that could assist you bar perhaps looking for an Australian/American association or organisation and see if they could help in anyway. Even with a reentry ban in place, you can still apply for a partner visa for him if you meet the partner visa requirements, the ban doesn’t affect this so really its down to finding the funds which seems to be your main issue. Hope this information helps. All the best.

  176. Hi, I overstayed in Australia for 2 years(2006-2009)due to my family’s financial circumstances that time. I was on a business visa, but my mom was diagnosed with terminal cancer so I was forced to stay and seek employment. Now, I would like to try again and apply for a student visa. Do I have a chance? Thanks

  177. Hi …very helpful video ….my name is mac …I went to Australia on student visa in 2007 …then I changed visa subclass as I do not want to study in masters ..i choose diploma …they change subclass and extend me visa but I did not complete study…i was not overstay in fact there was still 1 year visa pending ….i decided to back to country India …at the time I have purchased some mobile s and laptop which money I did not pay as I bought on instalment …then I came back 2 India in 2009 and applied for student visa Canada 3 times rejected …then I started in India and got becholr degree I law successfully I done it now I would like to go back aus on student visa and pay remaining debta too is it possible I get visa again ?

  178. Do I need to show work experience to apply for RSMS visa. I have more than 2 years work experience in Australia in different positions.
    I came to india dec 2014. Until today i didnt work anywhere.
    Is this gap ok?
    Thank you.

  179. Hi there
    I’ve overstayed my visa in Australia by roughly 5 years and it was there where I met my Kiwi partner of five years, I am on a three year ban and my partner could not get a visa for Ireland as we had no joint bank accounts so she is gone back to NZ and I am no trying to get my parntnership work visa for NZ do you think I will have a problem or if we marry would I get back into Australia as its ther I would like to live as I have family over there.

    Thank you
    Desmond

    1. Hi there,
      If you are married and in a genuine relationship with your partner, you should be able to apply for partner visa for Australia so long as she is an eligible New Zealand citizen to be able to sponsor you in the first place. All the best.

  180. Hello,
    Your website is full with helpful information.
    My partner and I have currently applied for an off-shore partner application.
    We have been together for six years, during which I lived in Australia with him. We learnt that our original application has been lost which caused me to be unlawful in Australia so I was given the 3year ban. so we applied for the new partner visa off-shore from Mauritius.
    I would like to come back to Australia on a tourist visa while waiting to hear for a decision on our partner visa (which I have been informed will take upto 12months to get processed). Will the 3 year ban still stand on this tourist visa? How can I get that ban removed so that I can return?
    I would really appreciate any advise.
    Thank You

  181. hi
    i studied in england for couple of years . recently i applied visa for extension to leave in united kingdome but due to some issue with my credit card visa fees could not processed and the home office refused my visa as invalid application after 3 month of application date and asked me to leave the country as i had no more leave to remain in uk. i booked ticket and went back home . so technically i overstayed by 3 month visa as my application considered invalid. but all it was unintentional. my question is in future would it negatively impact on my application if i make a student application to study in Australia.
    thanks

  182. For example, if you get a fine in western Australia, will they bother you at The passport control if you travel to another state in Australia? Does it say in The database when your entering The country in northern australia that you have received a fine last Time you were in australia?

  183. Hi!
    I was wondering how it works if you go to australia and get a traffic fine. How does it get registered? Is it registered on The passport or on The persons name? Is it registered only in The state you received The fine or is it registered on a database across The whole country?
    how does The existence Of The fine in australia affect your application for a tourist visa?

  184. First off, just wanted to say that I appreciate all the time that went into this, clearly a helpful and comprehensive guide.

    I overstayed a 3 year student Visa by about a month in Jan 2015, voluntarily went in to the office to discuss options and left ~ two weeks after.

    I was issued a three year ban with 5 courses to go in my course of study, a pensioner uncle who I moved to Sydney to study and accompany as family (he was disabled in a bicycle accident but we determined that the carer visa would take too long to complete).

    My girlfriend/Partner of around 2 years has actually now moved to the US and will return to Australia in Nov 2016 after staying here a year in order to start graduate veterinary school.

    Do you see any case for a compassionate issue of a student visa as it relates to getting the degree, staying near my uncle and having the partner? The realistic timeline would be a March 2017 return to finish school, effectively applying for a 1 year reduction of ban.

    Appreciate any honest feedback you may be able to muster.

  185. Thank you for the wonderful work..
    I overstayed my tourist visa in USA for trying to change my status to student visa before immigration caught me and deported me back to Nigeria. Two year ago I apply for Australia tourist visa and I lied that I haven’t been deported from any country, the immigration write me an email about a form 4020 to be used against me. I want to know if I can apply for student visa to New Zealand and what are my chances of getting the visa. Thanks

  186. Hi,
    A cousin of me was in Australia first as a Student and then she applied for an Spouse Visa. The relation she applied for the spouse visa didn’t workout and she failed to notify the department of immigration. However, someone dubbed her in with immigration and she was asked to leave the country. Two months after this episode she got married with a different guy (Australian) overseas and had his baby. She has not been able to come back to australia even though she is married to an Australian and has an australian child. They have reapplied, what are the chances of her PR being approved?
    Thanks for your help on this matter

  187. Hi i have a very important query
    Im an indian citizen and i got a 1 year tourist visa for australia conditions being no work max 3 month study and 3 month stay
    I came to aus on 31st oct n left on 31st jan for bali on my return from bali to aus on 4th feb they checked my phone and found out i was looking for work which breaches my tourist visa condition therefore they deported me back to bali cancelled my visa and put a 3 year ban on me
    I dont intend to apply/ wait for an aus visa
    As im looking for a student visa, trying to get the opportunity to study abroad and live independantly for 2-3 years
    I really wish to know how this incident affects me when applying for student visa for countries like US or Canada in particular ?
    I read that these countries share datas so now im concerned will this incident affect my study plans abroad ? Will the states or canada reject me or refuse me for what i did in aus ?

  188. Hello! i do really like this website as it is giving us lots of information and clarifications.
    Please i wish to be clarified in these few questions?

    There is this 5 years duration to wait before you could sponsor another person for a prospective marriage visa if you were sponsored before or you were a sponsor.Please let me know when one is eligible to be a sponsor again say you were sponsored as a spouse and visa granted in 2011 but unfortunately things didn’t work out well and the marriage ended.When is one eligible to be a sponsor again as far as this 5 years waiting period is concern from say 2011 which one was sponsored as a prospective partner and the marriage has been dissolved?

    2.Secondly is it possible to ban both the person who invites a visitor on a short stay visitors visa and the visitor himself for 3 years simultaneously? Or is the 3 years ban only applicable to the visitor who over stayed their visa?

    3.Is it possible for one to lodge a prospective marriage visa onshore even if they are in Australia with a tourist or visitor’s visa and wait for the decision in Australia with no problems?

    Thanks once more and hope you have some hints to clarify me in theses cases

  189. Hello,
    Great video and website I’m really impressed so Firstly thank you! Here is my situation. I’m
    From Ireland and pretty much everyone close to me now lives in Australia. I moved there on a working holiday visa. I done the required 3 months regional work which where we were treated like animals but that’s besides the point. Long story short I lost my passport about 6 weeks before my visa was up and immigration would not allow me to apply for my 2nd year until I received a new passport which would take approx 8 weeks. I didn’t have the funds to pay 2,000 euro for a flight home
    To Ireland which is what they suggested I do until I got a new passport. So I would have had to pay for a temp passport pay to fly home,
    Wait there for weeks lose my job in oz and have nowhere to live in Ireland. I decided I had no choice but to overstay. I overstayed for about 7 months but my means of working was cut
    Off by immigration and from what I gather someone must have reported me for the cash incentive. Anyway I left of my own accord 7months later and as I explained myself at the airport a 3 year ban was not mentioned. The lady at the airport told me I’d never be able to
    Come back. I would like to know if this is true or is it always a standard 3 year ban? Keep in mind I was never in trouble in Ireland or Aistralia and have zero convictions or anything like that. If I do have a 3 year ban then that will be up in June 2017. I’m
    Wondering could they refuse my application for a tourist 3 month visa once the ban is up on the basis that i previously overstayed? It wasn’t a good Lifestyle and I wouldn’t have any intentions of doing it again I would just like to see friends and family I feel very hard done by after being treated like dirt whilst spending 3 months in awful Conditions to get the 2nd year visa in the first place a lot of the time not even being paid for the work I done while having to pay rent to the same hostel that was supposed to pay us for our regional work. Thanks so much. Kevin

    1. Thanks for the positive feedback on my website! Once your 3 year ban is up you shouldn’t have any major issues with reapplying for a tourist visa for 3 months. They might ask you questions at the airport on arrival about what work you do at home, when you are returning etc. Just make sure you have a return trip booked and can show the ticket as well as a utility bill to show a current address and possibly something from a current employer to show you have a job to come back to i.e payslip, P60 etc. Good luck!

  190. Hi,
    I was coming to the end of my student visa, and went overseas to apply for a tourist visa to Australia.
    I was granted a tourist visa when I was overseas and returned back to Australia, only to have had my tourist visa cancelled at the border.
    My visa was cancelled because the border security officer believed I was intended to violate my tourist visa.
    I was held in detention for 48Hrs, deported and given a 3years re-entry ban.
    I have a girlfriend who is an Australian citizen currently living overseas.
    Are we able to apply for a partnership visa if neither of us are in Australia?
    And what visa would that be? Do we have to get married?
    Thanks heaps for your future help.

    1. If you are in a genuine de facto spousal relationship with your Australian partner, you don’t need to be in Australia for her to sponsor you for a partner visa. You don’t have to get married to apply for this visa if you meet the requirements to apply as a de facto spouse.

  191. Hello, I have a couple of questions I would really appreciate your help with.
    Your video speaks primarily about having overstayed your visa and being able to apply for a permanent visa. Does the same apply if you have been given a 3 year ban as the result of working on a tourist visa and being denied entry due to that breach?
    Can you advise how long it will take to be granted stage one of the de facto visa once the application has been submitted and the fee paid?
    Does being married have any advantage when applying for the de facto visa?
    Is registering the relationship compulsory for Victorian sponsors applying for the de facto visa?
    Is there any difference in speed of an online application versus a paper application?
    Many thanks in advance for your help.

    1. No there isn’t a difference, a 3 year ban is just an automatic penalty for overstaying, or breaching a visa condition – in your case working on a tourist visa which are not allowed to do. How long a partner visa takes to be processed depends on what country you are from. If it is a high risk country it could take 15 months or longer. Getting married just for the purpose of apply for a partner visa is not recommended as if Immigration knew you would be judged as not having a genuine reason to apply for the visa. If you are married and wish to the apply for the partner visa then this is a different situation. A certificate of marriage is proof enough for a partner visa application without worrying about registering a relationship. Most visas are applied via the Immigration online system, a paper application if it is permitted under the visa subclass is most likely to take longer. All the best.

  192. Hi

    On leaving Australia i was notiifed that i had overstayed my visa and would be given a 3 year re entry ban. Will this affect me visiting new zealand ? i am from the UK

    Kind regards

    Stephen

    1. Hi there, a ban for Australian really shouldn’t affect visiting other countries. You might be asked if you’ve ever overstayed in another country in which case, be upfront and let them know so it doesn’t come back to haunt you later. All the best.

  193. Hi I came to Australia on tourist visa and overstayed my visa and the immigration put me in the detention and then I returned to India now my 3 year Bania finished can I apply for student visa now

    1. Hi there, You could reapply for a student visa but Immigration might be suspicious of your intentions so you would need to have a strong case for applying for a student visa as a genuine student so they don’t think you are just using the visa to get back into Australia to overstay again. All the best.

  194. Hello-Thanks for your service.

    I am a USA citizen that has been visiting Australia the past 20 years for technical type support.

    My business visitor visa was recently cancelled due to a breach of 8115. My company advised me to get this particular visa and I explained the details to immigration, but they cancelled the visa. Immigration told me that I can apply for a waiver.

    What steps would be required to obtain a waiver? Also, since the 3 year ban is effective, can I be sponsored by my company which has an office in Sydney?

    Thanks.

    1. Hi there, sorry I’ve never come across a case where someone successfully had their 3 year ban set aside. Perhaps you should query the office that cancelled your visa and ask them what you need to do to apply for the waiver. When are ban is in place, you can’t be sponsored on a temporary work visa.

  195. hi,good day! i was detained and left australia 2002. and my husband overstay almost 8yrs and left australia 2005..now we are planning to apply a visit visa..to attend the graduation of our daughter at university..theres an invitation from school..i want to ask if there is a chance that they will allow us to come back australia? they can approve a tourist visa for us? thank you very much..please response

    1. It depends what country you are from. Given your record with overstaying and if your country is seen as a high risk country, Australian immigration may need you to show strong evidence that you intend to return to your own country after your visa to Australia and there is no risk that you will overstay.

  196. I appreciate all the good work you are doing here..
    My Story line.

    I was given a 3 years study ban because i submitted a fake statement of acct. ( My Hubby’s fault). Now, I want to apply for PR , the record with them stated a particular Certificate as my highest level of education but i have a diploma certification from a polytechnic i am trying to get hold of now (was suppose to finish the study 2007 but had a carried over course ” started the program in 2004 and was suppose to complete it 2007″) i wrote the Academic board and they granted my request . My question now is …………… can i use that diploma certificated to apply for PR since i met the requirement?

    1. Thank you for your positive feedback on my website forum. If your qualification documents is genuine and correct it is evidence you can provide to the Immigration authority if you choose.

  197. I got study visa for Aus from 2007-2010 so due to incompletion of my course i applied extension study visa before 2010 but they granted me Bridging visa B and after that I refused their decision and lodge reverification file for that decision but eventually i got refusal from MRT and they granted me Bridging visa E which has 3 years ban untill 2015. I came to India within time period. Now that ban had overed and my wife got study visa Level 8 for NZ and i wish to apply for work visa for NZ. Will i be getting any problem due to that ban?

    1. New Zealand and Australian are two separate and independent countries and so is their visa system. You might be asked if you have been refused a visa from any other country by the New Zealand authorities, if they do ask you should tell the the facts about your past visa record with Australia. All the best.

    2. Do new zealand immigration officer reject my partner work visa( partner holds student visa) due to this Australian Bridging Visa E?

  198. I apply for australia student visa and i was ban for 3years because of fake ielts and my ban will expired 2017 i want to ask if i can apply for new zealand student visa in 2016 can i apply for new zealand visa if my ban in australia as not expired

  199. Hi,

    I am an Australian citizen married to a US citizen who applied for a prospective marriage visa in Feb 2015 and then we terminated that application and it got changed to partner 309 visa after we got married in Aus on June 2016. To this day we are still waiting for his visa to be granted. We went on a honeymoon overseas and we both got back in late July. I suspected my husband needed to apply for a bridging visa 3 months after the honeymoon so we called out consulting officer based in Washington US asking what we needed to do as he intended to stay until his visa is granted. She said that as long as his application for the partner visa is pending (we were aware he needed to be out of the country to get it processed) he was allowed to stay in Australia beyond his tourist visa and did not need to make any more visa applications. He just left to go back to the US this morning to visit his family for a couple of weeks and as he was leaving they gave him a 3 year re-entry ban because he overstayed his tourist visa (even though we were told this was okay). We did notice about last week that his visa application status said “finalised” but we could not see if he was granted the visa or not. I am hoping he can get it sorted out with the immigration department office in the US while he is there
    Is there a way to waiver this 3 year re-entry ban? He already has a partner visa pending and we were consulted by the immigration department themselves that he was allowed to stay in Australia beyond the tourist 3 month duration. Do we need to take legal action and hire a migration agent or just keep pestering the immigration office in Washington until they give us answers? I am very upset as we have asked all the necessary pre-cautionary questions to avoid breaking the law and they have assured us that his immigration process is okay and every time we called them for answers over the past year they kept saying “Don’t call us. We’ll call you!”

    Kindest regards,
    Min

    1. There is something definitely amiss either in your story or with Immigration. If you are both in Australia and he has lodged an offshore partner visa application to the Australian Embassy in Washington, then he wouldn’t have been given a bridging visa. Before the tourist visa he was on initially when he enter Australia, he needed to apply for another tourist visa to stay lawful. Why they told you he was okay to stay without making another tourist visa application to stay lawful doesn’t make sense. Having said that he may have been given a reentry ban but given the partner visa is viewed as a permanent visa category, it can be approved regardless of the re-etry ban. If you havne’t received a decision on the application yet, then just assume its still be processing and don’t harass your case officer they are most likely doing their best to deal with all the cases they have to handle.

  200. Hi, my husband faced 3 years ban in 2000 and tried applying for temporary visa in 2001 but was refused under 676.221(2)(c). He submitted another electronic application last month but was refused and asked to refer to embassy for further info. As the re-entry ban should have been lifted now that we are in 2016, can I find out why is his visa being refused? Also, will this refusal affects his application as a dependent under my skilled migration? T

    1. Sounds like Immigration doesn’t trust he is a genuine application for a tourist visa or any other type of temporary visa. With your skilled visa its difficult to predict. They may ask for more evidence to verify who he is and what his spousal relationship is to you etc. You just have to wait and see what they say.

      1. Should we proceed with skilled migration and its rejected, will the immigration reject my application as whole or will reject his application as dependent only?

  201. hi, im ana from malaysia. last year i went to australia to visit my cousin wedding but then i overstayed nearly two month. the problem is, i already renew my visitor visa before it expired by online. everything was perfect and complete and the money to paid the renew visa already been deducted from bank. but then unfortunately its been refusal and i dont know. i also dont know the reason why it been refuse because when i fill the renew visa form, it didnt warn me anything if there is a problem while i fill the form and the money also already been deducted and its said success and now i been banned from australia because i overstayed for nearly two month. so, i would like to ask how long actually the period of been bannes and if there any ways for me to appeal to reduce the period of banned?

    1. Sorry, the reentry ban is automatic there isn’t any way to reduce the 3 year period. You can only apply for temporary visa after the 3 year period is expired.

  202. I was ban for 3years because of fake ielts under the law 4020 can i get visa if i apply for a new zealand visa

    1. You can apply for future visas but aim to be genuine with your information. Fake documents is migration fraud.

  203. I recently found out my husband was deported at the Australia airport in 2001 before entry as they suspect he does not have genuine interest to be in Australia. He faced a 3 year re-entry ban. Recently, he tried to apply for ETA visa but was refused as he has been subjected to 3 year exclusion period. They suggested for him to apply for subclass 600 if he is going for holiday in Australia by providing compelling and compassionate reasons for DIBP consideration. My question are:-
    a) Will his subclass 600 application be approved? and if so, does it clear all his previous ban?
    b) I am applying for skilled migration and would like to add him and my children as my dependent. Will this affect our/his application?
    Thank you in advance

  204. Dear Mrs.Indah,

    I would like get some information about my immigration plan to Australia .5 years back applied for skill assessment to TRA . I got successful assessment on 11 feb 2011. At that time I provided fake documents still I got sucessful result. But I could not able to apply for visa since I not achived IELTS marks.

    But now my wife applied for 489 australian skilled visa. Her all documents are genuine.My question is now I want to provide all genuine documents with her application and I am not claiming any point . I will go with her as a spouse.Shall I need to inform australian visa officer my previous fault..

    If do so , is this affect her application ?

    1. Your wife is applying for the visa as the main applicant. Provide genuine evidence you are her spouse so you can be included as a family member. A past TRA assessment is irrelevant. Stay focused on the right process!

  205. Hello,

    I have sent an email to the Australian department of immigration in London and Berlin, asking whether I have got a re-entry ban as you have suggested me, but they said they are not able to tell me that, but usually they said if you have a re-entry ban they will tell you at the airport when you leave the country.
    In 2012 I have applied for a student visa extension which was refused and then I lost the appeal with the MRT. Most of the time on my bridging visa I have been overseas , I left the country with a bridging visa B and never returned to Australia.
    Last year I had applied for a evisitor visa which was granted and there was not mention of any re-entry ban or no further apply.
    I’m really confused whether I have got a re-entry ban or not, but if it is true that with a re-entry ban they won’t grant you any temporary visa, it means that I don’t have it as they granted an evisitor visa?

    Regards
    Barbara

  206. Hi there. Just a quick Q. I have a 3-year re-entry ban and I want to make an application for a subclass 400 visa. Is this particular visa in any way exempt from the re-entry ban or does it operate in the same way as all other temporary visas (i.e. would require “compassionate or compelling circumstances that affect the interests
    of an Australian Citizen” etc…)? Many thanks in advance.

    1. Sorry if you have reentry ban in place and try to apply for a subclass 400 visa it will be refused.

  207. hi ..am sam from jordan …i was in australia in 2007 in student visa and overstayed for almost 1 month then applying for student visa and was rejected the i appealed that decision to mrt then ministerial and was rejected …i have applied for protection visa and was rejected ..then i stayed illegal for almost one and half year .the immigration caught me and sending me to detention center .i applied for medical visa then was rejected ….
    after that i went home with 3 years re entry ban ….the question is after the ban is finished ‘can i apply for a visa to go back to australia ….many thanks

    1. You have such a negative record with immigration to Australia, I would be surprised if you didn’t have issues with your next visa application.

  208. Thanks for the reply. Do I need to show work experience to apply for RSMS visa. I have more than 2 years work experience in Australia in different positions.
    I came to india dec 2014. Until today i didnt work anywhere.
    Is this gap ok?
    Thank you.

  209. Hi,i got 3 year ban to enter in to Australia. I am planning to apply for RSMS(187) visa, is this ok to apply even the ban in place.
    Thank you.

  210. Hi there,
    I’ve been to Australia on student visa during Jan’08 to April’10 but I didn’t complete my study. I came back to my home country before my student visa finished. There wasn’t any visa cancellation. Can I apply for student visa again, what are the possibility to get the visa?

  211. Hi.
    I returned from Australia 3 years ago where I was there for a year on a holiday working visa. I was meant to be sponsored but it all fell through at the last min. In desperation I applied for a second year visa, but I recieved an e mail saying they would not process my application. ( I think I then withdrew it, I can’t remember) I did not receive a ban and I left Australia in time before my current visa was up.
    Because of my application for the second year visa and it being refused, has this effected me returning to Australia??
    I am hoping to return to live there permanently with my husband and daughter.
    If a visa is accepted is there a chance I will be stopped at immigration once in aus as we will be moving our whole lives over there and don’t want to find out there have been implications once I am there!
    Thanks

    1. If you apply for and a granted a migration visa to live permanently in Australia than you shouldn’t have any issues reentry the country.

  212. Hi there – great website. I am Australian, but met a bunch of tourists whilst bushwalking a few weeks ago. One of them was on a 1 yr working visa that was about to expire, but wanted to stay 3 days longer for a friends birthday. Is immigration likely to impose a 3 yr ban for overstaying by a few days? If so he was thinking of travelling to New Zealand early and then trying to come back on a 3 month holiday visa- does this need to be set up before leaving the country / expiry of the current working visa? Also if he requests a bridging visa 1 week before his current visa expires, can he stay in australia for an extra week beyond his visa, or will this also constitute a breach, hence a 3yr ban?

    1. He should apply for a 3 month tourist visa before the current working holiday visa expires so he can attend his friend’s birthday. Overstaying attracts a 3 year reentry ban automatically. Travelling to New Zealand and back again isn’t necessary. He just needs to apply for the tourist visa while in Australia.

  213. Hi,i depart Australia that time i had bridging visa C and i withdraw my file and depart australia.,I dont have any overstay visa,not any criminal..will i have banned for 3 years or not.

  214. Hiya, thanks for putting this site together. You may be able to help me. I’ve been in Ausralia before from Sept 2011 to Dec 2012 and had my 2nd year working holiday visa. I left tp return home for Christmas and never weny back. I now want to return on a working holiday visa is this possible? Or is there any other way I can go back? Thanks in advance.

    Ruth

  215. Hi, I am jelly I was in Australia from 2008 to 2014 I applied for Rsms in 2012 but it got rejected and then my Mrt got rejected then waiting on my outcome on minister decision I came back to india but I have a 3 years ban for Australia ,so my question is I CAN GET NEW ZEALAND STUDY VISA OR NOT? Pls advise me ……ta

    1. No you can’t get NZ because if u excluded from any country then u will not get NZ under section 15. Read about section 15 of immigration new zealand on Google.

  216. Hi, I am jelly I was in Australia from 2008 to 2014 I applied for Rsms in 2012 but it got rejected and then my Mrt got rejected then waiting on my outcome on minister decision I came back to india but I have a 3 years ban for Australia ,so my question is I CAN GET NEW ZEALAND STUDY VISA OR NOT?

  217. Hi. I went to australia in oct 2014. My tourist visa was cancelled upon my arrival at the perth airport as i’m suspected not to be a genuine tourist, a claim which i admit is true – came to work. I was detained for 2 nights at the detention center and eventually deported back to my homecountry. My question is, does the three years re entry ban applies to me as well? And do i need to pay any penalties for the 2 nights stay at the detention center.

  218. Hai..thnx for sharing the videos..

    I got banned 3 years ..it is possible for me to apply the student visa for re-entry australia in this 3 years?

  219. Dear Mam,

    Good Morning, Hope you are doing well. I have a question from you. I had applied for the Canadian Immigration and got refused last month due to providing false document (experience letter). CIC has banned me for 5 years. Can I apply for student visa of Australia or any other country except Canada?

  220. Hi Mege,

    Thanks for explaining the 3 years re-entry ban.
    I wonder if I am able to reduce the 3 years ban by applying waiver.

    Firstly, let me explain my situation. I finished my bachelor degree of Accounting and tried to apply 485 (TR) by myself. Unfortunately, because of lack experience on dealing with legal documents, I failed to apply my skill assessment before I lodged my 485 application. Therefore, I got refused from the department. I tried and explained my negligent fault on my application to MRT (I was still on BVA). Although the member felt for me but she was not able to change the criteria of the visa, I got negative result from MRT. So, my agent advised me to apply for MI (Minister Intervention), I was on BVE after that.

    I was advised personally by Immigration Department’s officer to live the country because he said BVE is not a decent visa to stay in the country. Therefore, I left and did not realise I got 3 years ban.

    After all, Can I apply for waiver and what kind of compelling reasons do I need to prove ?

  221. hello overstayed in australia around 3 years and now and left and now i want to apply visa for student visa for America will i get any problem to get visa kindly help thanx

  222. hi , there , here i found very positive response with all members on comments ,
    anyway I left australia on 4 yrs bck and am on student visa also no overstay .
    just lastly know through my friend that i got some sorts of charge from Police for some sort of bad behavior like travelled without ticket on TRam on my last day , they caught me,= n charged me ///n so on . left my school complete but not paid fees n no certificate on my hand ….. i got only 1 yr certificate 3 on automotive from victoria.
    After that i left to my home country still with 15 days visa on my passport
    Is there any chance to go back to Australia again ,,, with out IELTS or any other step to get bck there >?

  223. hello i had overstayed in australia on student visa and left and now i want to apply student visa for America so want to know it would be hard to get american student visa
    please reply and suggest how to get it

  224. hello i had overstayed in australia on student visa and left and now i want to apply student visa for America so want to know it would be hard to get american student visa
    please reply

  225. Hi, I am from Malaysia. I overstayed in Australia for a week after the 28 days period when my Post Study Work Visa was rejected. Now I have the three years ban, is it possible for me to apply for a working visa after the ban is lifted and will it affect my application for permanent residency? Thank you

  226. hi…i was on student visa in australia…then over stayed and got 3 years re entry ban…i just wanna know what temporary visa i can apply after 3 years ..can i apply for student visa again ?

  227. Hi Mam,

    I just watched your video, I find it very useful. Thank you for that. I would like to ask 3 questions about my 3 year ban. I over stayed in Australia for more than 3 months while I thought I was on a bridging Visa. Anyhow past is past and there is no point of regretting it. My 3 year ban will end on this DEC 13. I’m married and my wife really want to do a Masters course in Australia. I own a business in Dubai UAE and I have no plans or intentions to settle in Australia. So I want to know if she gets an admission in Australia, is it possible for me to apply for a spouse visa? Or I should better apply for a visit visa to go and see her? Also is there any chance would this ban on me will affect her individual visa application, cause we are married? I’m little bit worried because she is very exited to go there and study. Hope you will give me a response.

    Thank you

    1. Thanks for the positive feedback. If your wife gets a student visa to do her Master degree course in Australia you can be included in her application as accompanying spouse. The application should only be lodged after your 3 year ban is over. You must also ensure that the student visa application meets all the visa requirements, don’t give Immigration any cause to question the genuineness of your application. If they find problems with the rest of the application is may make them suspicious and that coupled with your past immigration record of overstaying might cause problems overall for the student visa application.
      Good luck!

      1. Thanks for your reply mam. Just one more question. Should we launch the application together or I should apply once her visa granted ?

  228. What a fantastic site. Thank you for providing information to us that are in desperate need of it!

    I finished my 2 year working holiday visas, then reentered Oz on a tourist visa as my boyfriend was still on his second working holiday. Immigration were pretty strict on me (checking through everything) but let me through. My 3 months recently expired so I did a visa run to Bali and tried to reenter on a second tourist visa (legal on the ETA as it is multiple) However this time immigration really went to work and kept me there for 6 hours in total. They had found an email about me looking for a hostel to work for accommodation. I tried to argue that no money was ever exchanged for this but my visa was canceled anyway and I was put in a detention center and sent home. My question is my boyfriend is currently about to lodge an application for sponsorship and put me as de facto. I’ve already read that you said we can apply for permanent visas even if we have the ban, but can I just check does this mean if approved I would be able to move back to Oz within the 3 year ban? Also what are my chances of not having the maximum 3 year ban as I did not technically work? Or do immigration count this as a direct breach of conditions like working cash in hand? Thanks so much!

    1. Thanks! Glad you find the site helpful. First up, you should contact the nearest Australian immigration office to confirm whether or not you have a 3 year bank against you. If you do all temporary visas are out of the question for the 3 years. If your boyfriend (defacto) is being sponsored for a permanent visa and you can prove a de facto relationship you can be included in the application even if you have a 3 year ban in place.
      Good luck!

      1. Hi Mege,

        I had similar situation to GreenSara and called Australian Immigration to inquire whether the 3 year ban to my profile had been applied. I was told they could not tell me, the only way to find out is to try applying for a visa…is there a way for me to find this information out? If so, how?

        Many thanks,
        Amanda

  229. Hii. My brother went australia 6 years for studies, but he couldn’t pay his fees so was not able to finish his studies and was supposed to come back to his country. He overstayed for four years. His wife is a nurse and trying to go to Australia. Can he go to Australia back after some years if his wife gets permanent residency of Australia.?

    1. Hi Sandy,
      Assuming that he is no longer residing in Australia, he should be ok to be included in the permanent residency application.

  230. Please i will like you to clarify me.My fiance got a 3 years ban because her mum overstayed her temporary visitors visa due to ill health and she wants to apply for a fiance visa for me to reunite with her there and get married or a partner visa.Please do let me know if this ban is applicable to this category of visas or only to temporary visas? Would there be a problem if she is sponsoring her spouse for a partner visa or fiance visa to get married there even though she has been banned for 3 years because she lastly sponsored her mum on a temporal visitors visa and the mum overstayed and got a ban.Thanks for this interesting video and the free advice you are giving to people out there.

    1. Hi Samuel,
      Only an Australian permanent resident or citizen can sponsor a spouse for a partner visa. If your fiance is able to receive a 3 year ban against her for overstaying, it would follow that she is not if fact a resident or citizen of Australia so she can’t sponsor you for a partner visa.

      1. Thanks for your reply but please i need more clarification.My fiance is a permanent resident of Australia and wish to apply for a prospective marriage visa for me.The last visitor she sponsored got a 3 years banned for over staying( visa category was short stay visit because it was her mum).Is this banned only applicable to the visitor alone or to the host as well? if it is applicable to the host does this mean she is not eligible to sponsor her spouse for a prospective fiance visa until after 3 years ban or this ban covers only temporary visitors visa?
        Thanks once more for putting us through.

        1. Your case sounds complicated. You should contact a migration professional in your own location to help you on the specifics. You may have to pay for their advice but its better than trying to seek advice to a complex situation on a general question and answer forum.

  231. hi there i have been to australia on 2007 i was on my diploma for two years after two years i have extended my visa for two years. i have visited my home country nepal couple of times. on 2010 i have overstay my visa because of my family financial situation. looking after my family by sending them money i didnt extend my visa on that time of 2013 i have got a information about immigration matters with my friends. i had open my eye not to unlawfully stay in australia affect my future. because of gaining all immigration rules and matter and their negative impacts i volunterily get out from australia on 2014dec 4.when i open my eye that i shouldnt have to choose the wrong path so i back to my country on the time of coming ausfralian immigration had told me i had a three years ban. so its been a year now i am in nepal and got married. i love australia and i have many friends in there i want to back australia with my wife visa. is it okey for me to apply dependent visa with my wife after my ban completed. please give me a suggestion thankyou

    1. Hello,
      While you have a 3 year bank in place you can’t apply for any temporary visas to Australia.
      If you are eligible for a permanent visa than it possible to apply and include any dependents such as a spouse.
      Good luck!

  232. Hi, I have been in Australia from 2008 to 2015. I completed my Degree in Business within the first three and half years and then applied for Skilled Graduate Visa which expired in 18 months time.

    As soon as the Skilled Graduate Visa expired I did apply for a student visa with an intention to complete Master in IT but due to an unfortunate situation in my family I couldn’t continue my studies. When I tried to reenter Australia after a visit to home, I was given a 3 years ban, s48 – PIC 4013 since I did not hold valid CEO or enrollment.

    My question: Can I apply for a permanent residence visa while I have a 3 years period? subclass – 189, 190?

    Thanks in Advance!

    1. Yes, you can apply for a permanent visa if you are eligible for it regardless of a 3 year ban.

      1. Hi I m Jagdeep I didn’t overstayed in Australia but I didn’t complete my studies and came back to India without informing anyone . I left Australia in May 2013 now my wife wants to study there. Am I eligible to go with her on spouse visa

  233. Many thanks and this has lifted a burden off me as a dear lady and her daughter have just been deported to Pakistan. But as they want to return to Australia forever they will not have to wait the three years.
    Thanks and all the best for Christmas and the New Year may 2016 be a good year.

  234. Hi.. i overstayed in australia 15 years ago from now. Long time ago, i came with tourist visa. I worked for a year and deported to indonesia. Before deported, i have been in detention center for few weeks. Am i eligible to apply visa tourist in future to australia? Thanks..

    1. You could try to apply for another tourist visa but be prepared for them to question the genuineness of your application given your migration record with overstaying/deportation.

  235. Hi.. i overstayed in australia 15 years ago from now. Long time ago, i came with tourist visa. I worked for a year and deported to indonesia. Before deported, i have been in detention center for few weeks. Am i eligible to apply visa tourist in future to australia? Thanks..

  236. Hi I came to Australia in 3 months multiple entry business visa , I was sent by my company for a meeting I stayed there for 2 months nd returned back legitimately but my colleague who came along with me overstayed and claimed asylum in Australia , now my company is planning to send me for a business trip again to australia, will I get visa again or not because of my colleagues wrong doing will it be a problem for my visa applications

    1. You should be okay to apply for another visa application if your complied with previous visa to Australia.

  237. My girlfreind recently got a re-entry ban for not completing required regional work (she is from the UK)
    She ran out of time so told immigration that she completed the regional work to get her second year. She received the second year, however they later investigated when sponsorship was being pricessed and she was asked to leave, which she did.
    Can we still apply for a partner visa, wait for the ban to finish, or ive had advice on getting the ban overturned on compassionate grounds?

    1. If you are in a genuine de facto relationship for at least 12 months and have evidence to support , you can sponsor her for a de facto partner visa application without waiting for the ban to expire.

  238. In other words, if your 3 years re-entry ban has expired, does it affect your travel to another country (for instance; short holidays to any Asian countries). Please advise.

    1. It doesnt affect asian countries.but in not sure if it affects travel to nz.do you have any update?

  239. Hi there,

    Just wondering does the 3 year re-entry ban affect your travel to a different countries? I believe it’s no, doesn’t it. Would really much appreciate if you could clarify this question.

  240. Hi there.. my friend got deported 15 years ago and got in detention center for few weeks. because fighting. Can he reapply for tourist visa at embassy? is there any crime records in immigration until now which happened long time ago? thanks for your answer

  241. hai vikas here , ma student visa expired on 15 march 2011, but I returned on 5 April 2011, now 2015 nov, ma wife want apply study visa fr Nz , but she is interested fr Australia too.. did ma 10 day stay vl b consider as overstay , but I heard I could stayed lowful 28 days , is it true or false .. or vl it creat any issue if she lodge file fr study visa fr Nz as a spouse visa

  242. Hi Team,

    I have came to australia in 2004 for maters but after from 2006 i gave up studies and didnt complete my masters and i overstayed for around 2 years and went back sometime in mid 2008.

    Now more than 7 years , i find myself eligible for Australian permanent residency.
    does this overstay effect my visa

  243. Hello! Thank you for the helpful information. I am in Australia on a working holiday visa, and I received a wonderful contracted job that runs until the first of February next year. I really, really wanted this position. However, it runs around 8 days after my visa expires. I am not usually one to break rules, but I feel this job is worth it. My question is, leaving the country 8 days after my visa expires- what would happen? Most likely just a 3 year ban? I have read comments above about people being in detention centers and that makes me nervous? I’m American and unfortunately cannot have my visa extended for a 2nd year for working holiday. Any advice is appreciated. Thanks!

  244. Hi!

    I just got a re-entry ban from Australia. I overstayed my 417Visa and I had no idea. I came in to Australia last year (2014) on a Tourist visa. I first went to Sydney for five days and then to Nz. When i was in NZ i applyed for my 417 Visa with the Intention to use it in february 2015. after nz I went to the Fijis and to Australia/Melbourne for only a couple of days. , after that to the UAE and then back home.What I did not know…as my 417 visa was already granted I came in on that when I went the second time 2014 to australia.
    This year I arrived in february with the Intention to stay for one year on my visa 417. As i wanted to start a Job, i found out my visa was over due.
    I was wondering how they can decide that i was on my 417visa and not on my Tourist visa anymore when I came in the second time 2014. I applyed for my Tourist visa december 2013 and booked all flight back home. I never ever even thought aboutit, that I´m on my 417 visa when I entered the Country the second time 2014.
    Is there any Chance to remove my re-entry ban or even to have it another time? I got off from my Job until 2018 and wanted to travel to australia, nz, asia in and out on Tourist visas after my 417 expired (as I thought that will be in february 2015)

    Many Thanks

  245. Hi Diana,thank you so much for such a helpful video,
    Below is my situation:-
    I went to Melbourne in 2007 on a student visa and my further extension of a 573 student visa got rejected in 2011,i have applied for an Mrt & Minister’s intervention as well but they both got rejected.I managed to finish up my course before coming back to my home country but in an additional 2.5 years time from the duration of the course.Before coming back i paid my immigration agent $5000 from my credit card which i was never able to pay back.I had a BVE when i came back to my country with a three year temporary visa ban(PIC 4014) and it was a voluntary departure.The three year period is over now and my wife is thinking to apply an australian student visa now,my question is will there be any hassle for me to get a spouse visa with her,will they refuse my dependant application again based on my previous immigration history and credit card non payment in Australia?.
    And one more thing will my three year ban effect any of our(me and my wife’s)other visa applications in USA or New Zealand if we consider these countries as our second option.

    Thanks & Regards

  246. Hi Diana,thank you so much for such a helpful video,
    Below is my situation:-
    I went to Melbourne in 2007 on a student visa and my further extension of a 573 student visa got rejected in 2011,i have applied for an Mrt & Minister’s intervention as well but they both got rejected.I managed to finish up my course before coming back to my home country but in an additional 2.5 years time from the duration of the course.Before coming back i paid my immigration agent $5000 from my credit card which i was never able to pay back.I had a BVE when i came back to my country with a three year temporary visa ban(PIC 4014) and it was a voluntary departure.The three year period is over now and my wife is thinking to apply an australian student visa now,my question is will there be any hassle for me to get a spouse visa with her,will they refuse my dependant application again based on my previous immigration history and credit card non payment in Australia?.
    And one more thing will my three year ban effect any of our(me and my wife’s)other visa applications in USA or New Zealand if we consider these countries as our second option.

    Thanks & Regards

  247. Hi. My student visa was cancelled last 2014. I then applied for a partner visa in Australia but my application was refused due to not having a compelling reason to apply in Australia. I am back in my home country and planning to apply for a new partner visa, I reviewed the cancellation letter of my student visa and it stated there that I may not be eligible to apply for temporary visa for 3 years. I just want to ask if Partner visa Subclass 309 is considered temporary visa. Thank you very much.

  248. HI !
    I hope may be you can help me.
    I had overstay my student visa for 2 yrs in 2010. But i voluntary exit from Australia and they gave me 3yrs banned.
    Now i am in france i am married with french citizen and now i would like to apply EEA member visa for Uk.
    Does my overstayed in australia will affect on this cause both countries are commonweath?

    Thank you.

  249. hai…..now i am in australia on student visa i came here on aug 05 2015…now i am going to marriage a boy who was in australia till 2014 dec 1..but unfortunatlely he has ban of 18 month….he came to know that at airport when he was leaving australia…we called to immigration in india so many times to confirm his ban period but we didnt get proper reply…….kindly help me to know his ban perios whether it is 18 months or 3 years..thanku

  250. Hi can you please tell me if someone overstayed their student visa in Australia and volunteerly went back
    Can they go to another country getting a student visa ?
    Please get back to me
    Thanks

      1. Hi cass I complete my study in australia in 2008-2010 . And thn i, applied for student visa again but It was refused bcos of insufficient funds . Thn i apply mrt ,federal but result negative and i apply protection visa .but I withdraw my case and flying back to india . No overstay , so any ban apply on me. Thanks

  251. Hi
    My situation is that I have been applied permanent residency visa but been refused due to not submitted document on time of applying. Then I applied MRT.After refusing MRT , I put application for ministerial intervention. So during the ministerial intervention application process, I was on bridging visa E .but I left australia because minister did not intervene. From india I applied student visa but got 3 years ban .
    Now am living india. U have done advanced diploma in hospitalty mangement fron sydney. can you please advice me, am I eligible to apply permanent visa such as 187 visa employer nomination.
    regards
    komal

  252. Hi
    My situation is that I have been applied permanent residency visa but been refused due to not submitted document on time of applying. Then I applied MRT.After refusing MRT , I put application for ministerial intervention. So during the ministerial intervention application process, I was on bridging visa E .but I left australia because minister did not intervene. From india I applied student visa but got 3 years ban .
    can you please advice me, am I eligible to apply permanent visa such as 187 visa employer nomination.
    regards
    komal

  253. Hi I have overstayed my student visa in australia and I really would like to know
    Can I apply studnet visa to a different country ( Canada , uk , USA )
    Please let me know

  254. Hi… I have done my ms in aus and
    returned from Australia in april 2015.. As I overstayed for 1 year in aus, So am i able to apply for pr before my 3 years ban or does my overstay show any impact on my visa applications.

    1. Hi there,
      If you have a 3 year ban currently in place, you can not apply for any temporary visas to Australia until the ban is over. For any future visa applications after the ban is over, your ban or the fact you overstayed should not be a major issue so long as you can satisfy the visa requirements relevant to the visa you are applying for and to the satisfaction of the Australian Immigration authorities.
      All the best.

  255. Hey, interesting video! You mentioned that the 3 years ban (for overstaying) does not apply for PR applications (I am looking at Skilled Independent Visa – Subclass 189). I have gotten a 3 years ban for working illegally/ ‘cash in hand’ while on a ETA tourist visa. Will I still be able to apply for PR Visa 189? Please advice and many thanks! 🙂

    1. Hi there,
      Yes, you can still apply for the subclass 189 skills visa even though you have a 3 year ban in place.
      All the best.

  256. Hello,

    I am on a 3 year travel ban due to an entertainment visa with a requested holiday visa tagged on visa application which was bungled by my employer. Unfortunately now the problem is mine. They forgot and never told me so I went, over stayed and only found out when I left the country. My partner is Australian who lives in Ireland with me in an Irish de Factor visa. Am I able to apply for an Australian de facto visa with her if I not able to visit Australia. Also am I able to apply for further entertainment visas?

    All best,

    Sonya kelly

  257. Hi there! Thanks for all the information! I was just wondering if you know whether or not I would be eligible for a subclass 400 visa even with a 3 year re-entry ban? I have been offered a position on a vessel offshore Australia and the visa the agency will acquire for me will be the specific skills subclass 400…but I am pretty sure the application will be refused since I mistakenly overstayed a tourist visa by 2 months earlier this year.

    Thanks!

  258. Hi Maggie I was a student in Australia but then I applied for refugee visa but it got refused I overstayed 3 months and I voluntaraly left aus. But my question is if my wife whoes from Hong Kong and I am from India if she comes on study visa can I aplly with her or if she comes on pr basis?

  259. Hi there,

    I left Australia in December 2012 (this was 3 months into my 2nd Year working holiday visa). I am just wondering can I re apply for a working holiday visa now again? Please help me as I really want to return!

    Thanks in Advance 🙂

  260. I would like to say thank you for your helpful websites. Videos and all your answers.
    I just have a question. I am banned from australia until 2018 because after my first WHV 3 months later I wanted to come back on a tourist visa (I wanted to stay a month and travel asia) I’ve done my regional work but I didnt want to apply for as I wanted my visa to start after my asia tour. Anyway the immigration didnt made that clear while I was in detention so I didn’t really know it was up for 3 years they never told me. So 2 months after I applied for my second WHV. Which was refused because of the 3 years banned.
    My questions are after this 3years can I still apply for my second year visa ? I’ll still be under 30 but as I alredy try I was wondering if I can still use it ?!
    If a partnership visa is hard to get ? How long it takes ?

    Thank you for your answer.

  261. Hi, thanks for the video, it has explained things much better than the immigration staff I dealt with.

    I am 23 and hold a British passport

    My situation is that I tried to enter Australia for a second time in a holiday visa and was caught with messages on my phone showing that I worked whilst on a holiday visa (clear breach). I was removed and given a 3 year ban which clears in 2018.

    I applied for the NZ working holiday scheme and was told that as I am banned from Aus I cannot enter NZ either.

    I would like to know if this would affect me travelling on a holiday visa to USA.

    And I would also like to know if this ban is noted and held against me if I apply for a permanent visa for Australia.

    Thanks

      1. hey emre..What visa did you apply in NZ? I know people who have 3-year ban in australia and did not mention it with NZ and they got a tourist/student visas in NZ. Im not sur ewether to apply or not as some say its possible and some get denied.

        1. I had a tourist visa, banned of application visa for 3 years. Now, i want to apply for usa tourist visa. There is no question about deportation at the visa application. Do you think i should mention about that?
          Regards

          1. Hi Emre sorry for the late reply. Did you mention on your Nz application that you overstayed in OZ? Im so confused now,im a nurse and trying to apply for a yourist visa too however im concerned it will get denied due to my OZ ban.But i will still apply,who knows? Hows your application to US?

  262. If I received a 3 year re-entry ban for overstaying a tourist visa, can I apply for a working holiday visa? Thanks for your help!

  263. heya i am back in ireland now after two and a half years being in australia, i overstayed my visa by 5 months and when i got to the airport he just asked me why did i overstay he didnt say i was banned? my boyfriend is in australia after getting sponsored and i want to go on his de-facto but i am scared to try incase they decline me? he didnt say i was banned from australia he just said if i want to ever re-enter to fill out some form online and explain to them why i overstayed?
    do you think i have a chance of getting back in because of my boyfriend?
    thank you.

    1. Hi Annie,
      You need to call the Australian High Commission in London to confirm if you have a reentry ban or not. Even if they didn’t tell you at the airport its usually an automatic thing that happens by the visa system itself.
      You won’t be approved of any temporary visas for 3 years if you do have a ban in place.
      All the best.

  264. hi.i m from india.
    I had got student visa in 2008.I came in india for 1month.When i return back to australia ,my visa cancled by college because of less present in college and gave 3 years ban.I was not overstay in australia.

    my wife spouse visa also refused in2010.
    in 2013,i got schegen visa so i went latvia and stayed for 3 month afterthat i came india .
    our USA visitor visa rejected recently.
    Now, my wife want to apply as student visa and i as spouse visa.ls there any chances of our visa because of previous immigration status.
    I would like to know that it will possible after 3years over.
    please help me.
    Thanks a lot.

    1. Hi Kausar
      Given your history of visa refusals and cancellations I don’t think you have a good chance of reapplying for a student visa to Australia.
      All the best.

  265. Hi,

    I am from india, left Australia on 26th sep 2012 with re-entry ban with PIC 4014 reason was you left Australia while holding a Bridging visa E (or an extension of that visa) which was granted to you more than 28 days after your substantive visa expired. I applied Refugee visa and then withdrawal and back to india went to Aus on student visas in 2005 then after study didnt got 6 each so all messed up but this 26th September ban will end. So my question is am I eligible for any temporary spouse visa or visitor visa i have sister in Melbourne PR and have business. or this ban end but will effect forever for me. I really appreciate your reply. pls help me out.
    Suketu Patel

    1. Hi Suketu,
      If your ban is over in September you could aply for a spouse visa or visitor visa but whether you will be approved is another matter. Given your history with immigration its likely they will be difficult to deal with in any future visa applications you lodge.
      All the best.

  266. Hi I’m wondering if you can help I recently was kicked out of Aus while I was on a holiday visa for doing un paid volunteer work which I was told by a visa agent was OK… I was on e visitor but was never told if I had 3yr ban but was told I can apply in person in embassy for a holiday visa… My girlfriend is still in Aus and I want to get back to her asap… How do I know if I have 3 yr ban?? Can I reapply for holiday visa at embassy?? What other visas could I apply for?

    1. Hi Declan,
      You should try to contact the Australian Embassy/High Commission (mainly based in major capital cities around the world). If you are in Ireland, then the relevant office is the Australian High Commission in London. They will confirm that you have reentry ban. Unfortunately you won’t be granted any temporary visas while this period is still running.
      All the best.

  267. Hello,
    I spent a year living in Australia on a working holiday visa. I absolutely loved it there, and would love to go back to visit and/or live! When my working visa was was coming to an end, I was looking into different sponsorship options, or possibly going de facto on my boyfriend’s visa. I wasn’t sure which route I wanted to take, so I went on holiday to New Zealand with my boyfriend, applied for a 3 month visitor’s visa to Australia, which was approved, and then booked a flight back. Upon returning, I was stopped and questioned, and after being sent to a detention center for the night, the cancelled my visa and sent me back to America. They thought I was going to try to work illegally on my visitor’s visa, even though they had no proof, they just didn’t believe me.

    I’ve tried to apply for a visitor’s visa to go back, but was told I had a ban in place. When I tried called Immigration or the embassy here, I was not able to get a clear answer on how long my ban was. How can I find that out?

    Can I still apply for a partnership visa during my ban?

    Thank you!

    1. Hi Melinda,
      It sounds like they applied a 3 year reentry ban to you which means for that period of time you won’t be granted any type of temporary visa to Australia. Once the ban is over than you can apply again. A married partner or de facto spouse visa is considered a permanent visa so you are eligible to apply for this even with a reentry ban in place.
      All the best.

  268. Hi Mege,

    i’m overstay for 3 months because DIAC cancel my student visa and i go back on my own at march 2012, n now i want to reapply again as work and holiday visa. also i still have some debt with immigration because of my bridging visa before. that’s my boss did to me and i even didn’t know what kind of visa is it.

    am i still have chance to reapply whv visa / dependant visa with my wife as student?

    Thanks

    1. Hi Charles,
      You could try to apply for the particular visa you are interested in but you may experience difficulties convincing Immigration you are genuine applicant if you have overstaying visas in the past.
      All the best.

  269. Hi I was currently banned from Australia on August 2011 for 3 years for faking my second year visa. I’m booked to travel to Australia on the 22 nd of December for 3 weeks on a holiday. Just wondering will I be able to return back into the country ok?

    Thanks

    Matt

    1. Hi Matthew,
      Your reentry ban of 3 years appears to be over. f you hold a tourist visa to visit on the 22 December than all appears fine but immigration at the airport are a suspicious bunch (nature of the job as you can imagine they’ve heard every story under the sun). Ensure you have the name of hotel/person you are staying with, have print outs of reservations, your return flight. If you have a current job, take some proof that you are still employed and need to return to your job. The last thing you want Immigration to think is that you are going to “go bush” once you arrive in Australia.
      All the best.

  270. Hi, i was wondering how to check if i got re entry ban? Is it i got an email or any other way?because i’m planning to apply for visitor visa. Thank you.

    1. Hi Jason,
      Check with the Australian embassy/high commission in your country. There is normally one based in your capital city.
      All the best.

    1. Hi Jassi,
      Its up to you if you reapply for any Australian visa. If you have a history of overstaying your visa in Australia in the past you might find Immigration difficult to deal with any future applications.
      All the best.

  271. Hi,

    I’m from Ireland I travelled to oz 5 years ago and over stayed my visa on leaving Sydney I was told I couldn’t re enter !

    It’s been 5 years now and I’d love to apply for a tourist visa or maybe find a company to sponsor me.

    Do you think that will be a problem ?

    Louise

    1. Hello Louise,
      Given the time has passed your should be ok to apply for a tourist visa or for an Australian work visa if you are eligible to be sponsored to work. Normally you would be given a 3 year reentry ban which means within that period no temporary visas will be granted to you if you applied. Given 5 years has passed you are probably on the safe side. Suggest you call the Australian embassy in London and confirm for sure before you lodge anything.
      All the best.

  272. gud day,

    i have been australaia for 2008 jan to 2014 nov .i went aus to study visa and because of some problem i couldnt been able to study.so after 3 years visa period i overstayed for next 3 years. finally i left australia at 2014 nov and was given some documents about 3 years ban. i have no criminal record.my question is i really want to come australia to study again after 3 years.this time i will do everything’s correct.is there any chance of my application get reject after re applying 3 years ? what are the consequences of rejecting my visa. it would be appreciate if you reply to my quesion.

    thank you

    1. Hello,
      It is a possibility you may not be granted a future student visa given your track record of overstaying your visa in Australia. The Immigration officials may not view your intention to study as genuine as perhaps consider you a risk of overstaying again.
      All the best.

  273. Hi, I am in the second year of my 3 year ban in Australia however the day right after my visa expired, I went to the CSR and they’ve given me a bridging visa to assist me gather all my things in place before I depart however they have put a 3 year ban for me on re entry to Australia. I am in the second year of my ban however I am looking to travel to America with my family for a short holiday and was wondering if that ban will affect my entry to America as I am holding a passport that has a visa waiver. My question is electronically I’m afraid that this will affect me.

    1. Hi,
      A reentry ban for Australia shouldn’t affect your ability to travel to the US. However, while entering the US if officials ask you if you have ever been banned from entering another country then you will have to disclose your reentry ban with Australia. If this happens there may be negative consequences. Its always best to be upfront though apart from this your travel to the US should be fine if your passport allows a visa waiver.
      All the best.

  274. Hi -thank you for your very helpful video!

    I have a very complicated situation and I’m afraid I have only expensive options left but maybe I have other options?

    I am currently married to an Australian citizen but living in the US. Before we married, I was with another Australian man for a couple of years and had a partner visa. However, Before I left Australia, that visa expired because we were no longer together. To make matters more complicated, I was not honest with the department and never told them we were not together – I was dobbed in by my ex-partner. Even worse, I thought before I left that I took all necessary measures by going to the department and getting a bridging visa since my flight was booked for after the date my visa was expiring, but I didn’t realize I applied for the bridging visa after the expiry date.

    Though I was never told by Immigration officials at the airport when I left Australia, when I tried re-entering Australia at the US airport I found out I have a 3 year entry ban. This was very bad considering I couldn’t attend my Australian husband’s wedding! I really don’t want to apply for another partner visa due to the cost, I don’t want to move there and I already went through a fiasco with that same visa in the past. However, will my slate ever be wiped clean after the 3 year ban or will I always have to apply for a visa before entering Australia as opposed to the ETA?

    1. Hi Diana,
      After your 3 year re entry ban is up you will be able to travel to Australian on temporary visas without issue. Its just a waiting game at this point.
      All the best.

  275. My husband overstayed his student visa for three weeks and has been detained for three years. I met him inside the centre and we have been together for one year ..I am an Australian Citizen… We were married in July 2015 in the detention centre .. He has applied for a protection visa 2012 August.. he was declined by the court and the minister and the tribunal .. He is also waiting on the a Data breach case… he has applied four times for a bridging visa. We applied for a bridging visa for intent of a spousal visa, but was refused the bridging visa .. As he didn’t have a substantitive visa..
    In this context .. If he gets deported .. How long does he have to wait to come back . How long does he have to stay in his country before he is able to return to Australia???
    We are very desparate for clear answers ???

    1. Hi Lee,
      Sorry but this is not the right forum for your question on protection visas because your partner is in a detention centre in Australia and its a very serious legal situation you are in. You should consult the Refugee and Immigration Legal Centre (RILC) for legal aid and their expert advice with your situation.
      All the best.

  276. Hello, first of all thanks for ur help.
    my qustion is that my visa expired on 12 October 2012 but by misteak I missed it even my lawyer didnt aware me by email or by calling me when I went to him next day he said visa is alredy expire yestrday so u can apply ur student extension visa within 28 days so I applied student visa extension on 28 October 2012 , means I applied for visa after 16 days of expiring visa and I got bridging visa c after that I applied for MRT but before hearing I withdraw MRT file and left australia on visa c .
    Am I banned for years? Someone wana sponsor me as a cook , what to do if I am banned ?

    1. Hi,
      A reentry ban is usually for 3 years and will start from the date you departed Australia. If you want to confirm if you have a reentry ban just contact the Immigration department and they will tell you for sure.
      After your 3 years is expired then you can be sponsored for a temporary work visa.
      All the best.

  277. hi , I’m imposed 3 years ban on me for overstay . I completeled my study and applied visa 485 . It needed 6 IELTS band for its assessment but I couldn’t get it . I tried both MRT and minister intervention but I lost them . I left australia before 28 days given to me leave country . I left australia on 15 may 2013 .
    After completion of my ban what are the option for me ? I wanna open a cefe . can I try visa 402 ? I also study degree in hospitality and cookery because I completeled my course in commercial cookery and hospitality management in australia . can I get a student visa . can u suggest me for business visa like business innovation steam . I can invest $200000 . I hv some property so I’ll sell it and invest that money to buying a cafe.

    1. Hi Ranjit,
      In order to own and operate a business in Australia you have to have a permanent residency visa and business visas are for people who have had their own businesses which have a high turnover and net worth. After your 3 year reentry ban has expired maybe look for an employer who can sponsor you on a work visa to work as a chef/cook in their Australian business.
      All the best.

  278. Hi,

    I was overstayed in Aus and just wondering could i re-enter Aus after the 3 years banned? Would there stop me from entering Aus?

    regards,
    SL

    1. Hi,
      After the 3 year re entry ban has expired you can apply for temporary visas for Australia again.
      If you are eligible for permanent visa then you can still apply even if you have a ban in place.
      All the best.

      1. Hi, thanks for the great info!
        I am an Australian citizen living in the UK with my husband, and his 3 year ban finishes March 2017. We are intending to return to Australia in May 2017 to visit for a couple of weeks, and then move to Australia permanently in August 2018. – We were waiting until his ban is over to apply for a spouse visa, but this comment makes me wonder if we can start the application sooner?
        – Based on the time it takes for the different applications to be processed, would you recommend:
        a) waiting until his ban is up, applying for a tourist visa for our 2017 visit and then applying for a spouse visa for our 2018 move?
        b) starting the spouse visa application now, so that he can enter the country for our 2017 visit on a stage 1 spouse visa?
        c) waiting until his ban is up, then applying for a spouse visa, in the hope that it takes less than 2 months to process – unlikely!!
        Many thanks in advance,
        Emily

  279. Hi Mege!
    Firstly thank you for the video and the website, it has plenty of helpful information.
    I am a 29yo brazilian I was in Australia in 2012 under a student visa and overstayed it in 60 days, back then I already had a nomination approved for a 457 visa, but I had to leave Australia before applying for the 457 visa and when leaving through the airport gate I was told by a border agent that I got a 3 years re-entry ban due to overstaying the student visa.
    Now I got a job opportunity in Australia on a full employment position under the 457 visa, I am an IT Specialist… I told the company about my situation and they are willing to apply right now for the nomination and eventually for the 457… my 3 years re-entry ban expires on 08-October-2015 and the company suggestion is to apply for the visa right now but the start day in the contract would be 12-October-2015 so I would only travel to Australia after the re-entry ban has already expired.
    I would like to know your thoughts about it, do you think it would work?
    What my chances on getting the visa approved really are?
    Any advice at all?

    Thanks in advance,
    Renato

    1. Hi Renato,
      Apply for your 457 visa after your ban expires so any time form 9 October onwards. It doesn’t matter what the start date is in your contract, the work is subject to you getting the visa first so you’ll just start after you get the visa approval that’s how it is. Immigration don’t care what the start date is in the contract so long as you apply for and provide sufficient evidence for a 457 work visa application to satisfy them.
      All the best,

  280. Hi dear,
    Thanks for this wonderful help.

    My name is Manny. I am completely stuck In 3 years ban.
    HERE IS MY SITUATION ABOUT 3 YEARS BAN

    Im excluded from australia for 3 years bcoz my student visa was cancelled in nov 2012 under S116 because of Non-commence of study for 3months . After that I went to BVE for MRT, Judicial review and minister intervention. My ministry appeal was in process that time But i left australia on BVE on 22-02-2014.

    From India I applied for 461 visa but bcoz of pic 4013 & pic 4014 my application was refused. My CO suggested me that i can re apply After 22-02-2017.
    (my period FEB-2014 to FEB-2017)

    Now my question is if I apply for Australian visa subclass461 after my ban will expire. Do i get that visa. ??

    here is eligibility about my future application in 2017.
    Im in genuine relationship With my wife also we have now 2 months old baby. My wife and my baby both are NZ citizens. We married in Australia and my baby born in Australia. Presently my wife and baby both are living in Australia but next week my they are coming to India for join me. So they will be staying here for till my ban expire in FEB 2017.
    (i also applied for NZ partner based work visa but it is also decline because of my current Australian exclusion period.
    both NZ and OZ immigration was satisfy with my genuine relationship. Please see attached NZ refusal)

    after my ban expire i am eligible to apply for OZ temporary subclass 461 visa as a partner of NZ citizen but One of my friend told me that i’ll not get Visa bcoz of previous visa history. In my history there are no criminal offence. not any debt to Australia. No others issues. My australian and Indian PCC also clear.

    2nd question is for this visa my wife has to move in Austrlia again before I apply or we can apply even she in India with me.???

    Plz help me to clear this.
    Thanks in advance.
    Manny

    1. Hi,
      You could just try to apply for the Australian partner visa based on your wife being an eligible NZ citizen and see what happens. Your situation is so desperate you have to try something. The partner visa can be applied for even if you have a reentry ban in place.
      All the best.

      1. Hi manny

        How did your application go? Did you mention to NZ about your re-entry ban in australia? I heard you should not mention it so your application to NZ wont be affected.

  281. Hi, my parent received notice of consider cancellation because dad did not work for sponsor since 06/2014. and their visa 457 cancelled under s116 on 30/7/2015.
    I want to ask you whether the 3 years ban apply to my parents? If after they leave Australia, can they apply for tourist visa later? will the cancellation effect it?
    Hope to hear from you soon! Thank you

    1. Hi,
      Your parents can only apply for temporary visas like the tourist visa after their 3 year re entry ban is over. If they try to apply for a tourist visa while the ban is still in place, their application will be refused.
      All the best.

  282. Hello,

    I am a Pakistani citizen went to Australia on a student visa in 2004, however my student visa got cancelled due to lack of attendance according to my TAFE. I applied to the MRT and overstayed during the process. Immigration picked me and detained me for 21 days before they removed me from Australia with a 3 year exclusion period.

    After returning to my country I started working for a reputed organization and then switched to another very famous brand. Since then I have visited many countries. Now after almost a decade I want to visit my friends in Australia.

    Is there a chance that the immigration grants me a visit/tourist visa, I also had some debt to the common wealth regarding my dention and removal from Australia. Can I get that waived too?

    Thank you in advance for providing me your valuable advice.

    1. Hi Ali,
      The only way you will truly get the answers to your questions is to apply for a tourist visa for Australia and see what the outcome is. The Australian immigration officials may not trust that you have a genuine intention to visit so you need prove that your visit is authentic and you are going to abscond once you arrive. Providing letters of support from your friends that you will be visiting them, confirmation from your employer that you are gainfully employed and have a job to return to in your own country. Bank account statements of funds to support your travel, a return ticket showing a return date of travel (providing a one way ticket won’t help your case).
      All the above can be done to substantiate you are a genuine tourist. If you can’t provide the above they will view a tourist visa application in a skeptical light. In addition, you should keep in mind that if they believe you owe them a tax debt they may ask that this debt be repaid before you are granted a visa to travel.
      All the best.

  283. Hi there
    My husband held a 457 as a contractor administrator from Jan 2015. When coming back from a holiday to Bali in July we were stopped by border control. They had record of a visa for a Landscaper being rejected in March 2015 (which we were not aware of). After searching my husbands phone they found evidence to suggest that he was doing roles not covered under a contract administrator.
    They then cancelled his visa and removed us both from Australia as ‘breach of contract/visa’.
    As we were in Australia since Jan 2014 and he had worked for the same company since March 2014 we were told we could go for PR.

    1. Can we reenter with another 457?
    2. Are we eilble for permant resistancy?
    3. What other options do we have?

    1. Hi Victoria,
      Your immigration situation you describe sounds very serious and possibly trying to get advice on an online forum isn’t the best option for you. You may need to hire an immigration lawyer/agent for official representation of your case.
      Suffice to say, from your description if you were “removed” from Australia that sounds like deportation which normally attracts a 3 year ban. Meaning, you can’t apply for any temporary visas to Australia for 3 years, this includes the 457 visa which is temporary.
      Whether you are eligible for permanent residency will need a more in depth look at your case so perhaps you should consider our visa assessment service. But contract administrator isn’t an occupation in high demand on the SOL by the state governments so skilled migration as another visa option may not be pathway for you.
      All the best.

  284. Hello,

    Firstly thanks for setting up a helpful website like this. I was wondering, if you get a 3 year ban from Australia does it mean you cannot enter USA or NZ for those 3 years as well?

    Thanks.

    1. Hi Charlotte,
      Thanks for the positive feedback on the website. In answer to your question, if you have a 3 year ban with Australia this just affects your travel to Australia. It doesn’t ban you from other countries like the USA and New Zealand.
      All the best.

    2. Hi there Madam, I just saw an answer a bit earlier on this topic dating of juli 2015 and I wanted to make sure, after overstaying in Australia for three months at the end of my working holiday visa, I was planning to go to New Zealand and I left to France to don’t overstay anymore time. This was three months ago and I have been granted a working and holiday visa to New Zealand while I was still in Australia.
      When I lived Australia they told me that I would have a reentry ban for three years. I need to know if that affect my New Zealand visa.
      My plane ticket pass through Australia so I need to change the ticket but would I be able to enter New Zealand as I would like to apply for a skilled migrant visa once in New Zealand and I’m prospecting in this way from France. I am planning to move to New Zealand soon so could you help me understand my situation. Thanks you for this topic and for your help.
      Regard.

  285. Hi there,
    I was in Australia from Aug 13′ and did my regional work to stay the second year but my passport went out of date and I just didn’t even think about getting it renewed so when I did finally get it renewed (constantly talking and following advice from customer service), I had over stayed by 92days. The information they were sending me was incorrect,saying that my visa was up since March 14′ etc and I have these emails to prove. Anyway, I was advised to leave the country and reapply again which I was about to do but then I was told by a compliance officer that I would have a 3 year ban and the only way I would get back into the country was if I had family in Australia who needed me there. I sent documents and letters but my visa was still refused. I have come to terms with that but my main question is, once the 3 years are up, can I go back on my second year visa as I did the farm work? Thanks 🙂

    1. Hi Jessie,
      If you are still under 30 and completed your regional work for a second year then you should be able to reapply after your 3 year ban is up. Sounds like that’s what Immigration was telling you do anyway its just that you overstaying caused a 3 year ban to be applied which means any temporary visa application made during this ban period would get refused even though you satisfied all other requirements.
      All the best.

  286. Hi, I’d like to share our experience with visas for Australia. I’m a kiwi who had been living in Australia on and off for a number of years working in the entertainment sector. I met my partner who’s from the UK and we traveled New Zealand for a year or so on a partnership based visa for nz. We then moved to Australia where I secured a full time position and we then applied for a partnership based visa for Aus. While waiting for this to be approved my partner accidentally overstayed on a tourist visa and had to leave Australia and was given a 3 year ban. For me this was awful as I had my dream job working as the head of staging at Jupiter’s theatre on the gold Coast. She returned to nz to live with my mum while we worked out what we had to do. I was forced to leave my job in Aus to return to nz to be with my partner and sponsor her for a working visa. This was a huge blow to us financially and emotionally. We have been trying to pass the time to wait out the three year ban but we are missing out on what we had. I have just your video. Is it possible for us to apply for a permanent visa under a partnership for Australia if I am a kiwi? We really want to get back to our lives there where we had set our selves up to begin to raise a family. Great jobs the works. I feel like it has all been stripped from us because we were waiting for a visa to be approved that led to her overstay. It’s been almost 3 years and still we feel like there is something we could have done to keep our life we had. It’s been really hard and we lost a lot. But we love each other and will sta side by side no matter….. what can we do to get it back?

    1. Hi Michael,
      Firstly, you need to be sure you can sponsor your partner for an Australian partner visa as an eligible New Zealand citizen. Here is the definition according the Immigration website

      What is an eligible New Zealand citizen:

      An eligible New Zealand citizen is a New Zealand citizen who was living in Australia on 26 February 2001 or for at least one year in the two years immediately before 26 February 2001.

      An eligible New Zealand citizen can:

      sponsor family members for an Australian permanent visa
      access certain social security payments
      obtain Australian citizenship.

  287. Hi there,

    first, thank you for going to the effort to set up this page to help others! I have an urgent question – I am an Australian born citizen and have been living overseas with my now husband for 1.5 years as a result of him receiving a 3 year ban on all temporary visa’s. He accidentally overstayed approx 1.5 months past the automatic bridging visa date on a Working Holiday Visa as a result of his employer telling him that he did not need to take any action to renew the visa himself and that they would handle it. This turned out to be incorrect and after being notified by Immigration he voluntarily left. We were engaged and 2 weeks later I joined in Europe where we have remained. We are now married and wishing to apply for a partner visa (309) to return to Australia however as this visa consists of 2 stages and the first of which is temporary (he is banned on all temporary visas) can he still apply for this visa? Before we left we consulted with an immigration agent and they informed us that he could apply for the spousal/partner visa due its permanent nature however upon double checking this with Australia immigration they say otherwise and that if he received a 3 year ban he cannot? I have received a lot of innacurate information and would like to know simply whether he can or can’t and whether I am stuck in Europe for another 1.5 years before we can even reproach the application. I would really appreciate any advice or guidance you could offer.

    Kind regards,

    L.

    1. Hi Lauren,
      The partner visas are viewed as permanent residency class of visa so hubbie’s reentry ban shouldn’t matter if you want to apply. The subclass 309/801 are linked so what actually happens is that you are applying for both really and the 309 is granted in the first stage. Once you have lived in Australia together, on the 2 year anniversary of the date of lodgement of your first application immigration will get in touch regarding the second stage of the spouse visa. They will ask for further evidence that the spousal relationship is continuing and genuine, if all is well, they will grant the second stage visa which is the subclass 801. Whoever you spoke to from Australian Immigration, I would suggest you call back and get a second opinion that they don’t believe your husband is eligible.
      All the best.

  288. Hi I wanted to ask I overstayed in nz for 2 years but I was engaged with lawyers trying to regularize my visa but was not successful. So I had to leave nz volunteer after trying hard to leagalise my visa. Now m married to nz citizen if I apply for subclass 461 spouse visa will they allow me to reunite with my wife and step daughter in australia since we can’t get reunited in nz

    1. Hi Selvin,
      You really need the advice of a New Zealand immigration lawyer for your question. Its very complicated given you overstayed by 2 years in New Zealand, you never know if the Australian and New Zealand government’s share information but trying to get into another country by circumventing the visa rules of another country so closely linked, not only geographically, is never a good idea.
      All the best.

  289. Hi,

    I had a working holiday visa for Australia after it expired I went back to my home country Germany and came on a tourist visa after this expired I did flew to Bali and tried to re-enter the by a tourist visa again. Then they refused me to enter Australia by saying that they don’t believe that am a “genuine visitor” of Australia so they brought me back to Bali and gave me a 3 year ban but said that I would be still able to apply for long term visas like for example a partner visa or a sponsorship visa, also they told me that I’m able to reduce the ban to a year If I visit the Australian embassy in Berlin on a face to face conversation where I tell them why I should be allowed to enter Australia again. And I just wanted whether it’s right or not?

    Thanks

    1. Hi Roland,
      Sounds about right. If you got this type of help and direction from Immigration you should follow it to see if you can get your reentry ban reduced or find out if you are eligible for a permanent residency visa and apply, your ban doesn’t affect your ability to apply for a permanent residency visa for Australia if in fact you are eligible.
      All the best.

  290. hi,
    i’m from indonesia.i went to australia in 2008 with a student visa,in 2009 i made bridging visa,but it was refused,then my student visa reinstated but i didn’t attend school.i went home in 2010 before the expiry date on visa stamp on my passport.
    recently i applied to get another student visa thinking my 3 years ban has been passed,but my agent decided to withdraw my application and says i have banned for the next 5 years.
    i’m just trying to get the truth.is it true i banned to re enter australia for the next 5 years?
    do you know anyone who works in immigration that i can talk to,and i am willing to give my personal information.
    i’m just wanna know the truth,because i suspect my agent trying to scam me.
    thankyou

    1. Hi Ted,
      Your situation sounds complicated and you need to get your facts straight. You need to directly contact Immigration in your own country, perhaps visit the nearest embassy and ask for specifics as to when your ban is actually over before you try any future visa applications for Australia.
      All the best.

      1. the nepal embassy told me they are unable to provide me any information and suggested me to consol with the immigration website where too i cannot find the information i need … i overstayed my student visa by 5 years iand i was detained and deported couple of years ago ,,, i have a girlfriend in sydney who is australian ,, we had been living together for over 10 months and the relationship is still ongoing ,, but she dose not have a income at the moment… is it still possible for us to apply for a partner de facto visa in my case straight away ??? ps i dont have a criminal record .. please reply …

  291. Hey Mege,

    Thanks for your video, i’ve found it difficult getting good info on this issue. I am an Australian and 2 years ago my Swiss girlfriend was removed from Australia after immigration officers at the airport (coming back from NZ) went through her text messages and saw a msg regarding work (she worked in a cafe in melbourne for 3 weeks to earn some cash) she was then put in a detention centre for 2 days while i arranged to have her return flight date changed. Since then we have stayed together, living in Indonesia/Europe and now i want to begin planning our return to Australia as her ban will end June 2016. Just looking at what the best visa would be for our case, partner visa is expensive/hard to prove/long processing times so was looking at her getting sponsored through my parents business, do you think this is a good option? She can learn the required skills to be able to work there and the fees seem cheaper as it is in a regional area. Should we begin the process now with 1 year left on her ban? Also do you think there would be any chance of her being allowed back in earlier than 3 years with this permanent visa? Thanks in advance for your help

    1. Hi Dave,
      I don’t think you can ask for a reduction of the 3 year reentry ban if she actually did work on a tourist visa while she was in Australia as this is a direct breach. Partner visa application fees are expensive if you want another visa option, there is the student visa option. There are work rights on the student visa of 20 hours a week but she would have to be a genuine student i.e enrolled in a eligible course of study in order to be eligible for the student visa application. The student visa fee is not expensive but there are course fees to consider which can range from reasonable to very expensive in relation to diploma/degree courses of study.
      All the best.

      1. Hi, My brother had a similar situation the ban is gone, He wants to come back as a tourist, There is a question on the form that says have you ever been removed deported or excluded from any country (Including Australia) does he need to answer yes or No, and why?

        Thanks a lot for your help!

  292. Hi there

    I appreciate what you doing in this site,
    My question is I have been banned for three years, Now the 3 years is over( finished), could I apply for visitor visa in Australia?? And do I have to do anything before I apply online??? Or I just apply online straight ?????
    Regards,

    1. Hello,
      Once your reentry ban has expired you are free to apply for any temporary visas for Australia again subject to being eligible for the particular visa you are thinking of applying for.
      All the best.

      1. My 3 years ban finished so can I apply a visitor visa.i applied rrt than these 3 years ban.i never overstayed.u wanna visit friends.please tell me what is the best way to visit.

  293. hi . I m from nepal . I was as stdnt visa in 2007. returned back in 2008 and again enter after 45 days in same visa. I didn’t complete my stdy either. I overstay for a year . I never involved in criminal activities. I returned back to my country in 2010 augst ,volunteerly departed. now I m married and have 3 years kid.my wife wants to apply as stdnt visa and I as spouse visa. is there any chances my wife geting and my visa denied becase of my previos imi status. please help me to suggest.

    1. Hi there,
      Thank you for your question.
      Its possible that it may be an issue with you overstaying and then voluntarily leaving Australia, Immigration is likely to have this information in their system that may give them concern when your wife applies for a student visa and you as her spouse.
      Given the time that has passed perhaps if you don’t have any other immigration breaches to Australia or another other country you may be able to make a case that you will abide by the conditions of the new student visa but really there is no way of truly knowing they will have a problem with you unless you put in an application and wait to find out. It may be an expensive gamble.
      Has your wife considered studying in another country apart from Australia, perhaps look into other options for studying overseas.

      All the best.

      P.S A message I send everyone I respond to – If you find this advice helpful, please reply and leave a comment so I know I’m on track with what you wanted to find out.

      1. Hi.
        due to some circumstances I didn’t complete my studies.to be very honest I was 18 and young never left my city but decided to take my dream of getting degree from australia .but the guy who initially helped me to stay as I didnt kno anyone in australia except him from one of my frns , he took my miney the fee fro my next sem I was carrying and never returned me back hence I had to change city and overstay my visa.i overstayed for 10 yrs and have a ban of 3 yrs that is fair enough.now my problem is I cant live in my country as I m very much adapted to australia. I have a question is it possible for me to travel to australia or newzealand as a spouse if my wife applies for a student visa to any of these countries. Especially under tge ban period as I will be tge secondary applicant, of course I will discloae abt my stay in australia but I shouldn’t do that when I apply for new zealand.

      2. Hi I m Rakesh from India. I did overstay in Australia last January I left Australia n ban 3 yr can I come again with my wife if my wise study it can possible or not they give me visa with my wife or not thanks

    2. Hi sadan, did you applied for the visa. I am on same boat. Let me know if you have applied for u r wifes student visa.

  294. Hi, thank you for having this kind of site. My husband is a New Zealand Citizen but a permanent resident un Australia we applied for partner visa and it was refused because of false documents. I would like to be with my husband , is there any chance or way to live with him?
    We just apply for Review to MRT and i still don’t know what is going to happen. In the meantime. I would like to visit my husband for a few days but I am worried that immigration will hold me to enter to Australia. Need your advise.

    1. Hi Malor,
      Thanks for the message and taking the time to thank me for the site. I appreciate the positive feedback. I would recommend you wait for the review of the MRT to come through before you attempt to enter Australia particularly since the issue is that you allegedly supplied false documents. Is there any way for him to come and visit you instead.

      All the best.

      P.S A message I send everyone – If you find this advice helpful, please reply and leave a comment so I know I’m on track with what you wanted to find out.

  295. Hi there! I travelled to Australia in September 2012 with some friends. I travelled on a working holiday visa which was valid for 12 months. While I was there I spent the required 3 months doing regional work and had all my papers signed which enabled me to apply for a second year visa. Approximately 9 months into my first year I decided to come back home to ireland when it expired. I left Australia before my visa expired so I did not overstay and did not break any laws. A short time before I left I met someone who I spent a lot of time with and wanted to continue seeing so I decided to give it a go and stay for the second year. I was already booked to go back to Ireland so decided to still go for a visit then come back 3 weeks later. When I rang the visa company they informed me that to apply for a second working holiday visa I would need to allow upto 4 weeks for it to be processed which I didnt have time either in Australia or ireland before my ruturn. I was then advised to apply for a holiday visa until I got back to Australia then apply for the working holiday visa. So that I did. I had done my required regional work and also had a job waiting for me when I got back. The same job I had for 9 months on my first visa. On my return to Australia I was handed a three year ban and held in a detention centre for 5 days then deported to kuala lumper. They assumed I intended on working illegally and intended to overstay my holiday visa. I showed all my paperwork and explained my story and they were not satisfied. What are my chances of getting my 2nd working holiday visa when the 3 year ban is up? I loved Australia and did not see as much of it as I would have hoped so I would love to go back but im scared to go through it all again if the same thing happens!

    1. Hi Nora,

      That is very unfortunate set of circumstances. Normally Australian Immigration gives our 3 year reentry bans for people who overstay their visa and become unlawful while in Australia so it seems harsh they handed you the ban on your way into Australia despite your intentions.
      You could try to apply for a second working holiday visa from Ireland after the 3 year reentry ban is finished and you are still under the age of 30.

      All the best.

      1. HEY I WAS DEPORTED UNDER SECTION 501 OF THE CHARACTER ACT AND SIGNED MY PAPERS TO LEAVE IS THERE ANYWAY I CAN GET BACK @ ALL… MY WHOLE FAMILY LIVE THERE AND I WAS DEPORTED BACK TO NEW ZEALAND FOR DRIVING CHARGES…?

    2. Hi there

      I am in the same situation and except that after I’ve been banned I didn’t know I was banned for 3 years so I applied for my second working holiday visa which was refused. My question is can I still apply for it again after my 3 years ban? Or do I have to apply for a student visa ? What are my chances to get it approved ?

      Thank you for you helpful website.

  296. Hi!

    I have been removed from Australia on the 16th of may 2015. I have been convicted, and been sentenced for 7 months , served two months on parole , so less than one year anyway. What are my chances to get my PR And apply the spouse visa with my wife? She is permanent resident . Am I ban from the country ? Please give me more details . We feeling so stressed . By the way I’m from France

    1. Hi,
      If you have a criminal record this can negatively impact any future visa application you make. If your wife is based in Australia and you are trying to apply for a spouse visa you will need to establish compelling circumstances for why you should be granted a visa by the Australian government given you have a criminal conviction. A criminal conviction with 12 months of imprisonment means a high likelihood that you would fail the good “character” test. If you also have a record of criminal misconduct this will also have a significant bearing on your application coupled with the fact that from what you say the Australian government deported you from the country as well, it appears that you will have great difficulty in securing a positive result in any permanent visa application.
      Sorry its not better news.

  297. Hi.. PR application of mu husband got refused.. reason was fake documents.. he was charged with 4002 elegation nd ban of 3 years. Against which he filed MRT. . He got negative result from MRT and thn he filed for ministerial intervention. . Now he is living in australia under that… I am his wife and I am on study visa in new zealand. . I want to know that what are chances of success of tourist or spouse visa of my husband if I apply for him while I am in new zealand ?

    1. Hi Ritu,
      Thanks for the question. I have to be straight with you, the type of advice you are asking for in relation to what appears to be very complicated visa case, I can not give you on this forum. You really need to invest your time and possibly money in engaging with a migration professional in your location and get a face to face meeting to discuss your case in depth. They will need to see copies of the relevant documents etc to then formulate an opinion for you. Here is a link to finding a migration professional in your location.
      All the best.

      1. Hi
        Garry is here i am living in Australia .my 485
        Visa was refused because i had use one fake documents and also i got 4020 in 2013 jan.like three year ban is finish .after mrt i applied circut court i also got nomination for 457 visa everything is ready my two study and three year work experience.so plz let me know can i have get this visa because now i going withdraw that case and apply offsure and also have work rights like i am on bringing A.plz reply in my mail

        1. Hi Garry,
          Well I guess you don’t need me tell you that was a very naughty thing to have done in the first place. Fake documents to Immigration is like waving a red flag at the Immigration department saying come and catch me if you can. Sounds like the bull got you and then some. I can’t really make out in your question what you are trying to do – is is work visa you are being sponsored for by an employer? Anyway, so long as your 3 years is up for any ban you received and you meet the requirements of the work visa i.e no more fake documents please then you should be ok. Also are you going at this application alone? If its important to you, get in touch with the migration expert to help please, there are heaps of good people to hire.
          Regards,
          Mege

    2. Biwi newzealand me gand marwa rahi hay husband australia me gand marwa raha hay. Ghalat documents jama karwatay go indian bharwoo pr k liey tu nzealand me kam kar rahi hay wo wahan taxi chaka raha hay hahah randi k bachoo

  298. hi there , thanks for that helpful video about the 3 years re entry ban

    Im from France , In November 2013 I left australia as an unlawful because i overstayed my tourist visa. I’m currently banned for 3 years . I’d like to know if I will be able to come back after the 3 years are over . Thanks a lot

    1. Hi there,
      Thanks for the question.
      In short the answer to your question is “Yes you can apply but after the 3 year is finished”.
      Please check out my video on the reentry bans and how you might still be able to apply for a visa for Australia.

      All the best!

      1. Hi Mege, I departed Australia last 3rd week of May 2012 due to the outcome letter of my tribunal case which was all about overstaying for few days on a student visa. I did await my tribunal case for 2 yrs. Now what I need to know is that how do I check that my 3 year ban has finished or has been lifted given its already 2015 and will I still be able to apply any temporary visas like tourist visa?

        1. Hi there,
          Best thing to do is contact your nearest Australian embassy and querying whether your 3 year reentry ban has finished before you make any new visa applications. At least you know 100% its not in place before you place any new visa application and risk wasting your application fee.
          All the best.

          1. Hi I got a canada ban feed cause I used an agent whom presented a fake statement of account.
            But now I want to apply for australian PR,I am a pharmacist in nigeria.
            Please, do you think the canada issue will jeopardize my chance with australia PR?

        2. Hi,

          Previously i have applied for 866 and it was refused by AAT. Holding BVC with work right and expire on 30 December 2016! Get bared from appying new visa. Since i’m working as importer and exporter in Melbourne and my employer have lodged for 457 sponsorship as well as 457 nomination , is it going to get banned if i depart early while BVC still valid? Or any chance if i can remove the bared? Otherwise i have to apply the primary 457 offshore.

      2. Hi icame to Australia in 2010 on student visa after 2 years I applied for a carer visa but I’ve been refused in immigration and the tribunal iwent to federal court but didn’t get the answer yet my question is if the federal court refuse my case can i apply for another visa my husband has the chance to open his own business does this help and ihave to girls born here in Australia 5 and 2 years old please advice me

      3. Hi ,Mege my name is sandeep kumar I have applied 485 visa on 1st of Dec 2012 because of my student visa is nearly finishing and did not supplied my ilets because I was undetalking ielts exam after couple of months I did provide My Ilets certificate but one day short they have refused my file due to not supplied ilets certificate then I applied for MRT and then they refused MRT too then my lawyer said I should go for Ministerial Intervention but it was a same output negative and my question to you that I left country in 2014 before my visa finished so still immigation banned me for 3 years I have very clean history and what other option I have now for reapplying in Australia thanks

        1. Hi there,
          You should be able to apply for any Australian temporary visa after your 3 year ban has finished.
          All the best.

          1. Hi, I got pic 4020 in 2012 then I apply for mrt ,mrt has refused in 2014 January. And I left Australia in 2014 may. So can I apply for work visa.thanks

          2. Hi there. I was deported from aus last year. Now I have applied a prospective marriage visa coz my fiancee is a permanent resident. She got her residency by 457 visa. My question is that , permanent resident is as strong as citizen to bring his/her deported spouse back or not? Plz answer me I m stressed bcz she was going to apply for her citizenship soon but they just changed their rules for citizenship from 1 year to 4 year stay. Does it make a difference that she is not a citizen and she is only a PR. Plz answer me I’m so stressed and depressed

          3. Hi Mege, my name is Tuan. I left Australia on 2013 with overstaying reason on student visa. Besides that, I owed the Vodafone with 1,500 AUD. Now I would like to know is there any way i can come back Australia and solve this problem?
            Thanks a lot.

      4. Hi Mege, Can you enter back on a different passport on another WHV? I know it says ‘must not have entered before’ however i am merely wondering has it been done, are two passports from two different countries interlinked on the database? Thanks a mill

      5. Hi Mege!
        Hope you can help me with my concerns.I have overstayed my student visa in Australia for 6 months due to financial problems and have left the country voluntarily. Now I wanted to have a new start and wanted to apply in another country,which is new zealand.I want to apply another student visa,because there are no work here in my home country and my uncle is willing to sponsor me to go to another country to study and hopefully land a better job after. My question is,will my overstay in Australia affect my New zealand visa application? Will I get deny because of my overstay? I just wanted to make sure before I do anything?

      6. Hi Mege, my wife and children live in Australia and I have a three year band. Can I apply for spousal visa? And if so can you help with that?
        I’ve been out of country for about 1 year now and I really want to come home to my family.

    2. Hi there i cane here on a student visa and now i have been overstayed in australia for last 2 years. I want to go back to my country now and i dont have any criminal records here. If i decided to buy my ticket qnd go back to my country. What consequences am i gonna face. Is immigration gonna put depot stamp on my passport or they wil just let me go.

      1. You shouldn’t have any issues leaving the country at the airport with a plain ticket to go back to your own country but they will give you a 3 year reentry ban as you leave.

        1. Hi how are you hope u Goin Gud
          Got stuck in weird situation need big advise please if u can !!!!!
          I came in Australia in nov 2008 on 572 visa and after expiring this visa I applied for another student which was approved by DIAC and in 2012 I got section 19/20 from my collage and visa was cancelled but I got this visa back in 7 days as there was no ground of cancellation. After this visa I applied for another student visa then immigeration refused my visa for breaching 8202 and section 20. Then I applied for MRT which was also refused them went to FEDERAL COURT. Now here I did a big mistake by forgetting the HEARING DATE which was on 2nd of March 2016 and court dismissed my application and put a fine of 5800 dollars to pay to immigration. Now I have got visa expiry date on my VEVO STAUS 30th March 2016. I have few queries if u can please help me with that
          1. Can I appeal to high court as federal court is along for some reason( for nt appearing in court ) which I do not have.??
          2 If I leave this country without paying court fine which is 5800 $ what the consequences going to be for reapplying visa from other country ????
          3. Are the gonna put any Ban on me ???

          1. I got tricked by emplyer that hadent submitted papperwork and therefore got banned for 3 years, I went on a visarun to NZ without knowing that pappers wasent in order. On the way back to Aus they took me in and keept in costody were I were denied to contact a lawyer and to book exit tickets to my own country. I were promist tickets to my country in the end, I got to se the tickets but refused copies. Ended up stranded in a other country without my creditcard or any belongings. My family could book a ticket for me to return back.

  299. This is the right website for anybody who really wants
    to understand this topic. You know a whole lot its almost hard to argue with
    you (not that I actually would want to…HaHa).
    You definitely put a brand new spin on a topic that’s been written about
    for a long time. Great stuff, just excellent!

    1. My student visa cancel in austalia three years ago .now banned is finish .i have daughter born in Australia and my wife.i didn’t have any criminal record and overstay record .i apply 457 and get approval but my student visa before cancel I didn’t get this visa.can I ptoceed with 457 now.thanks

      1. Hi there, i was applied for spouse visa with my husband.but he is not going to collage and collage send a notice for so many times to come attend a class.he is just working.after 1 years my daughter has born. then after our visa is cancelled.we decide to go MTR also MRT is cancelled.then our lawyer suggested us go with protation visa.we applied protation visa.then after i am pregnant with my 2nd child. So i decided to come back my country with my daughter..i and my daughter withdraw our visa and 14th of feb 2015 we came back.my 2nd child born in nepal. Now i want to know,is any ban for me to re-apply again?? I was not overstayed. Can i apply with my daughter which was born there.thank u

        1. I am studying in Australia on student visa. My wife had left Australia in August 2015 due to reason of cancelled visa. I need following clarification:
          a. When she can re-entry to Australia.
          b. I am planning to apply to Graduation Visa in next year March,2018.
          c. Can I invite same time.
          Which category of visa is suitable her enter Australia?

      2. Hi,
        I am currently on 485 visa. However, my husband has got a reentry ban since he has overstayed his student visa. However, I have submitted an expression of interest and now waiting for the invitation. I have a five months old baby and I had to come to my home country for the child birth since I did not have any assistance in Australia after my husband left. I am still staying in Sri lanka due the fact that I do not have proper assistance for bringing up
        My baby in Australia. I am wondering whether the department would consider me having to brought up my baby alone with no assistance as a compelling situation to waive the reentry ban of my husband and grant him the temporary visa

        1. Hello I entered Australia in 2004 with 456 visa and then applied for a bridiging protection visa, I left Australia in 2005 as my case was in magistrate court, so it’s now eleven years since I departed Australia, I now would like to apply a tourist visa to visit Australia, will my records still be with Australian immigration, or will I get my visa be approved. Please help me.

          1. Hi,
            Your details are kept in the immigration system. You can apply for a tourist visa but be prepared to show evidence that you are genuine visitor to Australia and not looking for a way to get back into the country and overstay your visa. Whether it gets approved is up to the Australian immigration department and if they believe your intentions to visit are genuine.
            Best,
            Mege

          2. Hye Khaleel , have you return back to Australia now ?? need ur help . as i came in Australia August 2016 with visitor pass and i applied for BVC , and now im holding BVC , and problem is , my BVC will expire on 11.8.2017 and i have 3 weeks to go , if i return back to Australia can i come back as my fiancee living and working here.

        2. I was in the same situation as you but in Australia. My husband had to leave because he overstayed his visa. I stayed with my 2 year old daugther. He tried to aplly as a dependant on my 457 but it was denied. Immigration said that the 3 year ban can only be waived for permanent visas. WE used a very expensive lawyer! Now 2,5 years have passed. I was all this time in Australia without my husband. Finally I got Permanent residency and we applied for partner visa before the 3 years. We will also aplly for tourist visa in November when the 3 year ban finish so he can come to stay with us for a while until the partner visa is decided!

          1. Hello, your story are interesting cause i live approximately the same… i get my ban in december 2016, and i met my partner ozzi in October 2016, so we have to wait for the relation between us is official since 1 year. So we will upload for the partner visa in october 2017. So i’m outside Australia, i’m actually in new caledonia for be closer than him, in this way he can comes to visit me every month from sydney.. imagine the pain every month when i have to tell him bye in the airport…
            So before to upload for it, i would love to know what is it the conditions when him is in sydney, and me in new caledonia. How we have to prove the relationship between us ? we have pics, tickets flight, all our friends can write about the real relation together etc… but what’s about the other conditions ? cause we cannot have same account bank, live together etc… You, you live actually this same story, can you help me for know what i have to do. Thanks a lot and good luck, never give up 🙂

    2. Hi,
      I stayed in Australia for 1 year and came back home then. I did not apply for 2nd year visa or do any regional work. It is possible for me to go back to Australia?
      Tia

    3. Hi there, My family and I lived in australia for 5 years and the last 3 years my dad left. He said he renewed our visas but we then found out he actually hadn’t and we had been overstaying our visas for a year and he had lied. As soon as we found out we got a bridging visa and left the country the next day. The said that there was a possibility we will not be able to enter the country for 3 years. At the time I was under 18 so had no say in visas. it has been 8 months since I have returned to England and I am looking to go over for a holiday within the next few months to see friends and boyfriend. I have applied for the holiday visa but do you think there is much chance that I will be confirmed. I am a full time uni student in england so i have proof of that. any information or contacts would be great

    4. Hi,
      I would like to discuss about my and my spouse profile.
      I came Australia in 2015 on student visa for post graduate studies(2yrs)and I got married to my back home country in 2016. My course is about to finish by end of June, 2017. Further I will apply for post working visa which might be of two years. And in mean while my PR points will be collected and will apply for PR.
      My spouse who visited Australia in 2008 as on student visa but did not completed visa requirements and overstayed for one year. He returned back his country in 2011.
      I applied for him as a dependant visa but he got refusal with the reason mentioned that he is not supposed to be a genuine entrant.
      Now he is asking me to apply for him once I will get the post working visa. I have few enquiries which are listed below-
      1. If I will apply again for him does it will affect my application in terms of getting PR?
      2.Is there possibilities for him to get at least visitor visa?
      3.Is there any chances that he will get visa in future as he got his visa cancellation and refused.
      2.

    5. Hi
      My name is shunty singh I visit Australia 2017 Jan I come here with my wife and two daughters I expend about 88 days in Melbourne then I decide to country out and come back I also send my elder daughter to India when we reach at air port immigration they allow my wife and my daughter to entry but they stop me for some questions
      After some time they ask me for my phone and they get some pictures that I was illegal working they sent me into detention center and cancle my visa now when I come back after some days they cancel my wife and both daughters visa as well
      What is my options to come back again please inform
      Regards

      1. Hi there
        Since your visas were cancelled for working illegally you are banned from applying for a temporary visa for Australia for 3 years. You must wait for this time to pass and then you can consider applying for another visa.

        1. Hello Mege, I have overstayed my tourist visa for 3 years back then in 1991. It has been more than 20 years now and I wonder would my re-entering to Australia been banned? My purpose of this trip together with my wife is to visit her relative which is very old and sick in Sydney. I definitely do not have any intention to overstay this time as I am pretty old myself and got 2 kids which are still need our supervision, moreover we are
          have having our own business operating in Malaysia at this moment. Appreciate your reply and wouldn’t like the idea of being banned from entering. Thanks.

        2. hi ive just finished my 3 year ban in auguast 2017 id like to go back to visit my son who lives in newcastle with his mom what do i need to do about going back for holiday ? thank you

        3. hi jason cook here i got banned for working there does it change the way i apply for visa to go back to see my son on holiday

        4. Hello hope u doing good.. my husband applied protection in Australia and got refusal along with 28 days notice to leave the country I (his wife) was student on my seperate student visa ( he applied individually for protection not with me (wife) we got married after lodging his protection visa) and he left country within given time (28 days) 2 years ago.I also left australua with him.Now i (his wife) want to continue my study i did bachelor now want to do masters can we apply student visa together and we have got a baby as well? Please reply

    6. i came Australia in 2007 on a student visa and my visa expires in 2009 August but I leave Australia in oct. I make my mind to go back India.i am not deported from Australia. Can I reapply now with my spouse.

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