Jiwan k Posted October 9, 2016 Share Posted October 9, 2016 Hi to all. I need help with my question if anyone can help me with answer. Actually i was in Australia on my student visa.which was cancelled in section 116. Then i have one option left MRT which was also negtive answer after one year. Basically i am from japan and now i am in my home country. So i overstay in Australia. But my wife she is in Australia and we apply for 186 visa. So my question is does that effect our file? I mean refusal. I dont have any other crimnal conduct or any breaking law while i was in Australia. They said that we need to meet character requirements. When i left Australia they gave me bridging visa E. And i left Australia volunteer. Any help will be much appreciated Quote Link to comment Share on other sites More sharing options...
SOMV Posted October 10, 2016 Share Posted October 10, 2016 The 3 year ban can be waived if you are applying, or have applied, for a permanent visa. But the ban and the circumstances surrounding it will definitely be taken into account when the Department is considering your character. Quote Link to comment Share on other sites More sharing options...
Jiwan k Posted October 10, 2016 Author Share Posted October 10, 2016 Thanks somv for reply. I ask to one MA he is Australian he told me that 3 years ban applies on you if i am seeking any temporary visa (student,tourists) etc. but if I apply for any PR visa it does not apply one me. But i am seeking for second opinion. And section 48 applies on me if i am IN Australia. But I already left Australia. And applied for 186 as a secondary applicant from my home country. I am honest with the immigration and i declared everything in the form. But that MA told me that they always looks for big crimanal conduction which i dont have any. But i know they will check my immigration history when they will decide my visa. If anyone can help who is got same situation or knows abt it. That will be greatful. Thanks in advanced. Quote Link to comment Share on other sites More sharing options...
SOMV Posted October 10, 2016 Share Posted October 10, 2016 Hi again, I don't really understand what kind of help you are asking for: you have already applied for your visa, have you not? If you have then there is nothing for you to do now; you need to wait to hear from your case officer. If you have not yet prepared a statement to explain about why you breached your student visa conditions then you may want to begin preparing this in case it is requested. You will need to explain the circumstances, what happened, why, why you were wrong to overstay and so on. If you are asking for someone to tell you that it is fine, because they have been in the same circumstances and they were granted a visa, then I understand. But there is nobody here or anywhere else with identical circumstances to you, so it may be best to wait until you hear from the Department before you spend more time worrying. Best of luck! Veronika Thanks somv for reply. I ask to one MA he is Australian he told me that 3 years ban applies on you if i am seeking any temporary visa (student,tourists) etc. but if I apply for any PR visa it does not apply one me. But i am seeking for second opinion. And section 48 applies on me if i am IN Australia. But I already left Australia. And applied for 186 as a secondary applicant from my home country. I am honest with the immigration and i declared everything in the form. But that MA told me that they always looks for big crimanal conduction which i dont have any. But i know they will check my immigration history when they will decide my visa. If anyone can help who is got same situation or knows abt it. That will be greatful. Thanks in advanced. Quote Link to comment Share on other sites More sharing options...
Jiwan k Posted October 11, 2016 Author Share Posted October 11, 2016 Thanks for reply veronika. Yes I already apply for visa. Thanks for your suggestion so i can start preparing for one letter on my behalf to explain the situation why i overstay. Thanks for help Quote Link to comment Share on other sites More sharing options...
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