Nicolas_D94 Posted March 31, 2017 Share Posted March 31, 2017 Hi everyone, my story is a bit delicate: I got my first WHV on Feb 2015 and applied for the second on Jan 2016, it's been approved on 24 March. Around November I started looking for schools as I was actually really excited about keeping up with my studies and so I wanted to choose the right school. At the same time I had my visa checked by my education agent and she confirmed me that it was expiring on 24 March 2017, so I kept looking and then at the beginning of March I started to apply for the student Visa. What happened is that I've found out I couldn't go through the request because my Visa expired on Feb 2017. So the next morning I went straight to the immigration to explain my situation and see what I could do, they gave me a BVE and I left the country. My concern is this: should I reply Yes or Not while filling details for a new visa when they ask if I've been excluded from or refused to entry to a country/ Removed from or asked to leave? What happens if my Australian student visa gets rejected? I'm contacting different agents but I'd like to hear from the folk also. Thank you so much you all if you can give your thoughts. Cheers. Quote Link to comment Share on other sites More sharing options...
robfromdublin Posted March 31, 2017 Share Posted March 31, 2017 Doesn't the BVE let you stay while awaiting the decision from the dept on your student visa? Isn't that the point? I would not reply yes to that question. Given your experience with an agent thus far, would you not be best contacting the dept directly? I'm surprised you were advised that your WHV could extend past 2 years. Quote Link to comment Share on other sites More sharing options...
wrussell Posted April 1, 2017 Share Posted April 1, 2017 Quote At the same time I had my visa checked by my education agent and she confirmed me that it was expiring on 24 March 2017 Unless they are also registered migration agents, education agents are not qualified to ofer migration advice, but that does not seem to deter them. The same can be said of course providers. Neither can be relied upon to give advice that leads anywhere except the bank. Would you expect an education agent to recommend a course of study for which the usual commission would not be forthcoming? The minister permits unregistered agent overseas to offer migration advice and pockets the proceeds for refused applications. Quote My concern is this: should I reply Yes or Not while filling details for a new visa when they ask if I've been excluded from or refused to entry to a country/ Removed from or asked to leave? What you might do for the best, depends on how long it was after your visa expired that you left Australia and other factors. May I suggest that you consult a registered migration agent? 1 Quote Link to comment Share on other sites More sharing options...
Nicolas_D94 Posted April 1, 2017 Author Share Posted April 1, 2017 15 hours ago, robfromdublin said: Doesn't the BVE let you stay while awaiting the decision from the dept on your student visa? Isn't that the point? I would not reply yes to that question. Given your experience with an agent thus far, would you not be best contacting the dept directly? I'm surprised you were advised that your WHV could extend past 2 years. I've found out about my visa situation because I couldn't go through with the application, that's when they gave me BVE for 7 days just to organise my staff and depart. Now I'm going to apply from NZ Quote Link to comment Share on other sites More sharing options...
Nicolas_D94 Posted April 1, 2017 Author Share Posted April 1, 2017 2 hours ago, wrussell said: Unless they are also registered migration agents, education agents are not qualified to ofer migration advice, but that does not seem to deter them. The same can be said of course providers. Neither can be relied upon to give advice that leads anywhere except the bank. Would you expect an education agent to recommend a course of study for which the usual commission would not be forthcoming? The minister permits unregistered agent overseas to offer migration advice and pockets the proceeds for refused applications. What you might do for the best, depends on how long it was after your visa expired that you left Australia and other factors. May I suggest that you consult a registered migration agent? Well, overall I overstayed more than 28days. However it's in the interest of the agent too, to make sure that I can stay and I can pay the school. I think there was no reason other than genuine ones for her to give me false info. And despite that I should have checked by myself to be sure, and that is my fault. I will contact a migration agent on Monday, I just want to be sure that my WHV for NZ will be approved. I was thinking to apply for both visas at the same time, do you think that will effect anything? cheers Quote Link to comment Share on other sites More sharing options...
Liam13 Posted April 1, 2017 Share Posted April 1, 2017 NZ will be able to see if you have overstayed on previous visas. and it also asks you on the visa application if you have overstayed on previous visas so unless you lie id expect a rejection from NZ. a quick check on VEVO would have saved all this heartache Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 1, 2017 Share Posted April 1, 2017 9 hours ago, Nicolas_D94 said: Well, overall I overstayed more than 28days. However it's in the interest of the agent too, to make sure that I can stay and I can pay the school. I think there was no reason other than genuine ones for her to give me false info. And despite that I should have checked by myself to be sure, and that is my fault. I will contact a migration agent on Monday, I just want to be sure that my WHV for NZ will be approved. I was thinking to apply for both visas at the same time, do you think that will effect anything? cheers An overstay is a serious issue which in effect result in a ban from every country for even tourist visas - for life. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 1, 2017 Share Posted April 1, 2017 15 minutes ago, VERYSTORMY said: An overstay is a serious issue which in effect result in a ban from every country for even tourist visas - for life. Very rare I would take issue with anything you post, but I'm not sure about this one. Even the US often only puts in place a 10 year ban for overstaying., And being banned from one country because of an overstay does not automatically ban you from anywhere else. It's up to the individual nation to make that decision. 1 Quote Link to comment Share on other sites More sharing options...
wrussell Posted April 1, 2017 Share Posted April 1, 2017 For what it is worth, the 3-year ban does not apply to applications for permanent residence, or application leading to PR; for example prospective marriage applications. I have lost count of the number of times I have been contacted by students who have been victims of poor advice that has cost them dearly. I advise prospective students to: Understand the Australian Study Requirement - Regulation 1.15F Be aware of the extra points available for study in a low growth region, an education agent might not advise about this. Seek a professional opinion (from a registered migration agent) about whether a particular course of study might enhance PR prospects. Not all students study to improve PR prospects, but I have yet to meet one who did not. Obtain a Crystal ball to predict which occupations might be on which list in several years, or even tomorrow. 1 Quote Link to comment Share on other sites More sharing options...
Nicolas_D94 Posted April 1, 2017 Author Share Posted April 1, 2017 (edited) I am very confused about this and I think all of this is just too much. I feel like a criminal and is definitely not fair, even because it was just a genuine mistake. I met people not caring and overstaying for moths or even a year and then obtaining a visa.. I don't understand and I'd like to. Currently I'm in NZ and have answered no to that question for the visitor visa, should I do the same for the WHV? Thank you all Cheers Edited April 1, 2017 by Nicolas_D94 Adding details Quote Link to comment Share on other sites More sharing options...
Nicolas_D94 Posted April 1, 2017 Author Share Posted April 1, 2017 Also do you guys think a prospective marriage will apply with my girlfriend which is there studying but not Australian? Thanks Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 2, 2017 Share Posted April 2, 2017 6 hours ago, Nicolas_D94 said: Also do you guys think a prospective marriage will apply with my girlfriend which is there studying but not Australian? Thanks To sponsor you for a Prospective Marriage Visa she needs to either be an ozzie ctizen or a permanent resident. When you say she is studying, if you mean she is on a student visa she cannot sponsor you for a PMV. 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 2, 2017 Share Posted April 2, 2017 21 hours ago, Nicolas_D94 said: I feel like a criminal and is definitely not fair, even because it was just a genuine mistake. I think that the biggest mistake you made was obtaining Australian Immigration advice from someone who was not qualified or legally allowed to give the advice, i.e. an education agent. You are now repeating the mistake by trying to obtain advice to a complex issue on a public forum. Learn form your mistakes and obtain professional advice from someone who is competent and qualified. 3 Quote Link to comment Share on other sites More sharing options...
Dragonflygecko Posted April 2, 2017 Share Posted April 2, 2017 23 hours ago, wrussell said: For what it is worth, the 3-year ban does not apply to applications for permanent residence, or application leading to PR; for example prospective marriage applications. How do you mean? I am not banned but intrigued to know. If someone was banned for 3years is this not applicable if they apply for PR? Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted April 2, 2017 Share Posted April 2, 2017 45 minutes ago, Dragonflygecko said: How do you mean? I am not banned but intrigued to know. If someone was banned for 3years is this not applicable if they apply for PR? The 3 years ban does not apply to all visa applications. 1 Quote Link to comment Share on other sites More sharing options...
Dragonflygecko Posted April 3, 2017 Share Posted April 3, 2017 23 hours ago, Raul Senise said: The 3 years ban does not apply to all visa applications. So technically someone could be banned but get a PR visa? Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted April 3, 2017 Share Posted April 3, 2017 49 minutes ago, Dragonflygecko said: So technically someone could be banned but get a PR visa? As Westly posted, the 3-year ban does not apply to PR visa applications or applications that lead to PR (e.g. 300 visas). Quote Link to comment Share on other sites More sharing options...
wrussell Posted April 3, 2017 Share Posted April 3, 2017 Those who are banned on character grounds, the ban is permanent. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 4, 2017 Share Posted April 4, 2017 11 hours ago, MaggieMay24 said: As Westly posted, the 3-year ban does not apply to PR visa applications or applications that lead to PR (e.g. 300 visas). Not always true. When we were refused my OH's Spouse PR we were told a three year ban was now in place and we could not reapply for another Spouse Visa (309/100) until three years were up. We gave up and I came home instead. Quote Link to comment Share on other sites More sharing options...
Dragonflygecko Posted April 4, 2017 Share Posted April 4, 2017 21 hours ago, MaggieMay24 said: As Westly posted, the 3-year ban does not apply to PR visa applications or applications that lead to PR (e.g. 300 visas). Actually can't believe that they would not consider this and give you PR even though you might be banned for overstaying or something. I find that very odd. Quote Link to comment Share on other sites More sharing options...
blossom Posted April 8, 2017 Share Posted April 8, 2017 On 02/04/2017 at 1:34 AM, VERYSTORMY said: An overstay is a serious issue which in effect result in a ban from every country for even tourist visas - for life. My husband overstayed his aus tourist visa by 10 months. He got a three year ban. We travelled all over the world, including the USA more than once. We never once with any country had an issue with getting a visa. Quote Link to comment Share on other sites More sharing options...
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