What option should I choose? (3 year re entry ban, pending court date...)

[Rozelle]

Hello again.

This case is so complex that not even Immigration or the police knew what to do, and that's why I'm in a delicate situation now. I just want to find the better option and then hire a MARA Agent to help me with the case

As I posted a few months ago, I overstayed my tourist visa for 3-4 months. The reason is that I lodged a Student Visa application on shore and it was invalid because I sent the documents to the wrong email address. During those 3/4 months I attended to my school and I have a certificate proving my satisfactory school attendance. So that means I had genuine intentions of studying

Then I was granted a Bridging Visa E which would give me a 3 year re entry ban once I leave the country

Before I could leave the country I was charged with Break and Enter and Steal crime by the police. They confiscated my passport so that I couldn't leave the country. I pleaded not guilty and the court date is on June.

Immigration has been granting me BVE's every month since then. I even got working rights approved 2 months ago because of financial hardship

The BIG PROBLEM is just about to happen. Immigration has been pressing the police to either give me my passport or grant me a Criminal Justice Visa, something that they are not going to do as it is too expensive for them

Turns out that the police has applied for a Bail Variation to give me my passport back, and once this happens I will be asked to leave the country

Now I want to know what options do I have to come back to Australia. I can just think of

- Apply for a Student Visa and try to waive the 3 year ban.

Main problem is that it will be too expensive. I would need to pay for the visa + first term which is already $2000 and then flights, MARA agent...

- Apply for a Tourist Visa and try to waive the 3 year ban

I could probably get the 3 year ban waived with the excuse of needing to be in Australia in June and going to court. Then I could try a Student Visa on shore again. Not sure if that would work though

Everything looks difficult at this stage, but one of the biggest reasons that makes me want to fight so hard to stay here is that I love soccer and here in Australia I've been working as soccer coach for many different teams and age groups. It's well paid here but I'm currently doing some volunteering for youth clubs too and I will let them down if I leave and never come back

I think there might be some arguments to use in my favour

- Coaching and developing soccer in the Australian community. Families, kids, players... 90% are Australian citizens
- Satisfactory school attendance (genuine studying intentions)
- Pending court date (not guilty) and I'm really confident that I will win the case
- Unfair treatment leading to financial hardship (not allowed to work or leave the country for 4 months)

[Guest The Pom Queen]

I would presume you would fail the character test part of the visa and it wouldn't be approved. We have a few good agents on here, maybe drop them a message

[MaggieMay24]

As suggested above, you should speak with a migration agent to see what they suggest.  Your situation is quite complicated and you would do well to take professional help to make the strongest case you can with DIBP.

[Quoll]

Your best bet might be to return home, get qualified in a role that is required then apply again when your time is up because it looks like you've stuffed up this time. Talk to an agent and don't do anything else to antagonise the authorities in the mean time.  Sure, you may love Australia and want to stay but it might just not be possible. I hardly think your excuses are going to cut much ice, plenty of soccer lovers out there and you overstayed.  

[Rossmoyne]

I agree that your case is complex and for that reason you need to consider consulting a registered MARA agent now before you muddy the waters even more by taking advice from someone not qualified to give it.  

Also you need to understand that highly likely that you will fail the character test and any visa, be it tourist or otherwise, will not be granted to you.

[Rozelle]

Thanks for the answers

 

 Well, the reason why I overstayed was a stupid mistake.  I was asked by the case officer to send all the paperwork to a certain email address and what I did was replying the same email address with all the paperwork attached.  Careless and costly mistake but in the end it was my mistake.  It would have been a pretty much straight forward application and I'm sure it would've been easily granted 

The reason why I didn't realise something was not OK was that right after I sent all my paperwork my school asked me to attend the mandatory orientation day and then I started school normally and had satisfactory attendance (stated in a certificate) for the whole first term.

I was a little bit concerned about the fact that I got no answer from Immigration, but I thought that my school confirming my enrolment was a clear sign of my visa granted. 

 

I mean... I paid for my school, attended to school and my visa was mostly going to be granted.  There was no reason for me to deliberately overstay my visa in this case.

 

 

 

And now the criminal thing... If I wasn't sure that I'm innocent I wouldn't even try to do anything cause I know a criminal record will mostly kill any chances of getting a new visa for Australia.  I'm 99% sure I will be proved not guilty (If they let me be here for my court date)

 

 

So basically my plan is trying to waive PIC 4014 on the grounds of genuine studying intentions and there might be a chance I could use my volunteer soccer coaching for compassionate or compelling circumstances that affect the interest of Australian citizens.

 

The kids and parents really like me because I come from overseas and Australia don't have enough qualified soccer coaches and I would let them down If I'm not allowed to come back because the season has just started.

 

 

I might succeed or not, but I think I might have a small chance.

 

If any MARA agent on this forum reads this and wants to take my case or have a further chat, feel free to PM me.

 

 

 

[wrussell]

MIGRATION ACT 1958 - SECT 161

Effect of criminal justice visas

             (1)  A criminal justice entry visa for a non-citizen is permission for the non-citizen to travel to and enter and remain in Australia while it is in effect.

             (2)  A criminal justice stay visa for a non-citizen:

                     (a)  is permission for the non-citizen to remain in Australia while it is in effect; and

                     (b)  if the non-citizen is in immigration detention, entitles the non-citizen to be released from that detention.

             (3)  A criminal justice visa for a person does not prevent the non-citizen leaving Australia.

             (4)  Subsection (3) does not limit the operation of any order or warrant of a court.

             (5)  The holder of a criminal justice entry visa may not apply for a visa other than a protection visa.

             (6)  If a non-citizen who has held a criminal justice entry visa remains in Australia when the visa is cancelled, the non-citizen may not make an application for a visa other than a protection visa.

*******************************************************************************************************************************************

Quote

Before I could leave the country I was charged with Break and Enter and Steal crime by the police. They confiscated my passport so that I couldn't leave the country. I pleaded not guilty and the court date is on June.

Your passport is the property of the issuing authority.

 

You should be consulting a solicitor about the charges you are facing. You do not have to be guilty to be convicted.

[Rozelle]

As I said, the police applied for a Bail Variation so they could return the passport to me.  I thought it was going to be pretty much straight forward... but nope !  

 

The magistrate refused the application because he thought it would make no sense to make me leave the country at this point and with a Court Hearing in June.

 

So that's good because it looks like I will be able to stay lawfully a little bit longer in Australia... but it might seriously damage my chances of getting the 3 year ban waived as Immigration wants me to depart Australia ASAP and I'm basically doing the opposite.

 

But this is far from what I wanted.  Yes, I can stay in Sydney with unrestricted working rights... but nobody wants to hire someone on a BVE expiring in a few weeks.

 

 

 

[Rozelle]

 And again, a new change to the situation.  The last few months have been like a rollercoaster.  I hope you guys don't have to go through something similar to this

 

I just received an email from the Police.  They are DROPPING CHARGES so that means they will give me my passport back as I don't have a court date anymore.  I'm free but will be asked to leave and because I'm on a BVE, I will get a 3 year re-entry ban for temporary visas

Now I really need to find a way to come back to Australia and after hours of researching I was thinking that I might be able to apply for a 189 or 190 Skill Visa as it is a Permanent Visa, I'm soccer coach and Sports Coach is on the Combined list of eligible skilled occupations.

Would that be a realistic scenario?  It is quite expensive so I just want to be sure that there are reasonable chances of success