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Hi guys, Four years ago I started relationships with a girl from Taiwan. We lived in a share house for about one year. We had a couple of trips around Australia. At the end of her second working holiday visa we decided to go to Melbourne for two weeks. She was supposed to take a fly back home right from the airport in Melbourne. At the airport it appeared that she had overstayed her visa by a little more than one month. She got banned from Australia for three years. The border control officer didn’t give her any paperwork explaining validity and conditions of the ban. At the moment it has been close to three years since she left (will be in September) Also I visited her and her family in Taiwan a few months ago. Before the fly I applied for a bridging visa B cause I was still on working visa 457 and was waiting for my permanent visa to be finalised. In my application for BVB I indicated that the reason of the trip was visiting partner. Plus, I attached her invitation latter which I used to apply for a tourist visa to Taiwan. I got my permanent visa finalised right in the middle of that trip and returned to Australia being a permanent resident. Now we are trying to bring her back to Australia. All this time we have been in a genuine relationship. Just we have not much documented evidence except joint photographs, statutory declarations, Facebook, some history on messaging platforms. So we’ve decided that she could apply for the Prospective Marriage visa to simplify the process. But the problem is there is no clear information whether she could apply for the visa on the department website and in the internet. From your knowledge guys what would be the possible way out of this situation? Or, maybe, are there any ways to request this information from the government bodies? I’ve tried to call and email the department so far but they just simply refuse to answer complex questions such as this one. Thank you in advance
Hello all, My dependent visa (subclass 500) has just been cancelled six months after my then-partner left the country and his school notified immigration of his termination of study/departure (last July). Meanwhile, I was in Australia when that visa was cancelled, and with that my ETA (subclass 600) then ceased to exist. I called up immigration for advice and they instructed me to apply for a BVE to rectify my situation. A compliance officer called after receiving my application and told me I needed to provide flight details as to when I am leaving the country, and that a 3-year re-entry ban will be imposed on me. It's been nearly 20 days and I have yet to have the BVE granted since I have been trying to clarify my situation with the help of a lawyer, who is proven to be of no help. Sorry for the lengthy post but being wrecked by anxiety and horror I hope the experts here could help answer some of my questions.. - Do all visa cancellations lead to a re-entry ban? Most websites, including that of the immigration, state that only if you violate certain conditions, e.g. overstaying your visa, working as a tourist etc. would you be imposed such ban. In that case, can I argue I should not have been receiving such ban? - My understanding is leaving the country with a BVE can imply a re-entry ban. However I was told by immigration that when the dependent visa was cancelled that was the only option I had when I was rendered without any visa. Obviously I would not want to obtain a BVE if I knew of the ban, but then I would have been staying/leaving the country without a visa. My point is an hour after I realised my ex-partner's visa, hence my dependent's visa, was cancelled and my ETA unfortunately also ceased to exist, I had promptly acted on the situation i.e. apply for a BVE as told to remain lawful. Not sure why I should be penalised or considered a risk? - I have assumed my ex-partner, and you can imagine we have had minimum contact given the nature of our breakup, has carried out all the right and necessary steps to cancel his student visa upon leaving his course. He talked to immigration numerous times and was told he didn't need to do anything if his school was on it. His school had emailed him about them having notified immigration he decided to leave the course/country. The immigration only cancelled the visa six months later. So did he voluntarily ask to have his visa cancelled? In immigration's eye did he leave his student visa unattended, even though he was told it was good enough to inform the school, which would then inform immigration? If so, is this the reason of this cancellation is leading to a re-entry ban? - Since the cancellation of my ETA is tied to the cancellation of the dependent visa/student visa, to which I have no right to appeal because it was cancelled while the holder (my ex-partner) was overseas. However, being also the holder, albeit 'secondary' of the visa, I was onshore. Does it mean I have no right to appeal this situation whatsoever? I was of the wrong impression that applying for an ETA before I came would cover my bases in case the dependent gets cancelled and was not aware of the legislation hidden deep in the Migration Act but have only wanted to come as a genuine tourist. I'm stuck in a limbo and terrified of the future where there seems to be no options whatsoever. The lawyer who I counted on has been half-hearted at best on my case and 20 days have passed no new information/change has been obtained my the immigration. If you know anything about the subject, please let me know your thoughts. Thank you.