Kate H Posted November 18, 2017 Share Posted November 18, 2017 Can somebody please inform me on my options please. I entered Austraila in May 2017 on an ETA from Ireland. As of yesterday, my ETA was cancelled because of a breach. I am being sent back to Ireland Tuesday morning. I have been in a relationship with my boyfriend for nearly two years. He is an Australia Citizen. I have been informed that once i leave Australia and return to Ireland, that i can apply for a defacto visa. Can anybody inform me if this is possible please. My life is in Australia now with my partner. Thank you Quote Link to comment Share on other sites More sharing options...
ali Posted November 18, 2017 Share Posted November 18, 2017 It depends - they may put restrictions on your right to return if you have breached your visa. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted November 18, 2017 Share Posted November 18, 2017 I would seek professional advice from a registered migration agent. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted November 18, 2017 Share Posted November 18, 2017 Are you being deported or have you chosen to leave of your own will? They may put a three year ban in place, they may not, but it would be advisable to speak to a migration agent for advice. Quote Link to comment Share on other sites More sharing options...
Kate H Posted November 18, 2017 Author Share Posted November 18, 2017 I am being deported and was told by immigration that there is a three year ban. However immigration called this morning and informed me that when i return to Ireland that i can apply for the defacto visa as the ETA i was granted originally allows me to? I am currently trying to contact an immigraion agent that i have seen in relation to the defacto visa. Thank you for your help everybody. Quote Link to comment Share on other sites More sharing options...
Quoll Posted November 18, 2017 Share Posted November 18, 2017 Unfortunately your life may well not be in Australia with your partner - as the others have said talk to a registered agent! Overstaying a visa is a serious business and if they are deporting you, you may have a big hill to climb. Can your partner come and live with you in a Ireland? 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 18, 2017 Share Posted November 18, 2017 The three year ban does not always apply when a Partner Visa is being applied for but it will almost certainly depend on the fine detail involved in the cancellation and whether it involves PIC 4020. Speak to an agent, thats the only way to find out for sure whether you can apply to come back before 3 years is up. Quote Link to comment Share on other sites More sharing options...
Kate H Posted November 18, 2017 Author Share Posted November 18, 2017 I didn't overstay my visa, they found messages on my phone of me helping my neighbours on there farm which i shouldnt have been doing. I didn't deny not helping out but they classed it as "working". There must be something an agent can do because the immigration officers wouldn't have said that for no reason. What is PIC 4020? 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 18, 2017 Share Posted November 18, 2017 4 minutes ago, Kate H said: I didn't overstay my visa, they found messages on my phone of me helping my neighbours on there farm which i shouldnt have been doing. I didn't deny not helping out but they classed it as "working". There must be something an agent can do because the immigration officers wouldn't have said that for no reason. What is PIC 4020? PIC 4020 is (very basically) when they believe that there has been some kind of fraud or misrepresentation involved, and so your visa is cancelled in the public interest. Results ina 3 year ban and I'm led to believe (by a respected agent) that if your ban is due to PIC 4020 then you have to sit out the 3 years before reapplying. Breach of visa conditions by working (or being believed to be working) may well come under 4020, I don't know. An agent can't get the ban overturned if it is a 4020 ban, but they can establish exactly what the conditions of your cancellation are, whether 4020 is involved, and what your future options are. Once you get into the fine print like that you cannot rely on every DIBP officer knowing all the legal ins and outs, its not their job, nor is it their job to advise you of your future options, whether you can appeal, etc You need a good agent for that Quote Link to comment Share on other sites More sharing options...
Kate H Posted November 18, 2017 Author Share Posted November 18, 2017 Thank you for this information. Also I am entitled to see the documents stating why the cancellation occured? Quote Link to comment Share on other sites More sharing options...
Samson Posted November 18, 2017 Share Posted November 18, 2017 (edited) How did immigration see your phone texts/messages? Someone has dobbed you in for working when you shouldn't be.. From my experience, its normally a "friend" that does Edited November 18, 2017 by Samson Quote Link to comment Share on other sites More sharing options...
Kate H Posted November 18, 2017 Author Share Posted November 18, 2017 I went to Bali on monday and returned on thursday. At immigration, they escorted me to a private room and asked or shall i say forced me to hand over my mobile phone. I havent seen it since. Quote Link to comment Share on other sites More sharing options...
Kate H Posted November 18, 2017 Author Share Posted November 18, 2017 I arrived on the touist visa in May, it states i need to leave every three months. Me and my partner went to Thailand in August and i had no problem gettting through immigration then... Quote Link to comment Share on other sites More sharing options...
Samson Posted November 18, 2017 Share Posted November 18, 2017 oh shit, thats pretty full on. they obviously were tipped off by someone. from gov.au Does the re-entry ban apply to all visas? No. Re-entry bans are mostly imposed on applications for temporary visas. The ban does not prevent you from seeking a permanent visa, though the Department may consider your immigration history when making future immigration decisions. Quote Link to comment Share on other sites More sharing options...
Kate H Posted November 18, 2017 Author Share Posted November 18, 2017 This is reassuring. I will definetly talk to my immigration agent and if I should decide to apply for a defacto visa, I will be going through my agent. Does it say anything on how soon i can apply? My defacto papers need a little attention(one or two days work) but they are more less ready to go... Quote Link to comment Share on other sites More sharing options...
Quoll Posted November 18, 2017 Share Posted November 18, 2017 This is reassuring. I will definetly talk to my immigration agent and if I should decide to apply for a defacto visa, I will be going through my agent. Does it say anything on how soon i can apply? My defacto papers need a little attention(one or two days work) but they are more less ready to go...Do you have the 12 months cohabitation? Or just since May? 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted November 18, 2017 Share Posted November 18, 2017 6 hours ago, Kate H said: I didn't overstay my visa, they found messages on my phone of me helping my neighbours on there farm which i shouldnt have been doing. I didn't deny not helping out but they classed it as "working". There must be something an agent can do because the immigration officers wouldn't have said that for no reason. What is PIC 4020? Why on earth were you doing it then when you shouldn't have been? They must have found real evidence that you were working on that farm and whether paid or not (and you didn't deny it) that is a serious breach of your visa. I expect the neighbours are in trouble too. I hope you get something sorted out although everyone knows you cannot work in any capacity on a tourist visa. You took a big risk there and it looks like you will pay hard for it. 4 Quote Link to comment Share on other sites More sharing options...
Guest Posted November 18, 2017 Share Posted November 18, 2017 5 hours ago, Quoll said: Do you have the 12 months cohabitation? Or just since May? Yes, this. Have you been using the tourist visa to clock up de facto time? And now you are about to be deported, can you still continue to claim de facto as its the 12 months prior to lodging you need to be able to document. Its going to be pretty clear you had to leave Australia and why so am unsure how you can claim de facto time since immigration found out. Quote Link to comment Share on other sites More sharing options...
ali Posted November 19, 2017 Share Posted November 19, 2017 12 hours ago, Kate H said: This is reassuring. I will definetly talk to my immigration agent and if I should decide to apply for a defacto visa, I will be going through my agent. Does it say anything on how soon i can apply? My defacto papers need a little attention(one or two days work) but they are more less ready to go... Whilst there will be nothing stopping you applying - they will take into consideration that you have been deported for breach of your previous visa. Speak to a migration agent before you part with money for an application that may not be granted. 1 Quote Link to comment Share on other sites More sharing options...
Guest263228 Posted November 19, 2017 Share Posted November 19, 2017 How that would work after a breach of visa conditions, I'm not sure. The De facto attempt to remain in the country must be one of the most abused category forms in use by far. Even back in 94, the Australian Embassy in Paris, insisted I signed a document, that I would not attempt to sponsor my partner, a French citizen with excellent profession and high earning ,together with perfect English, on a de facto visa after entry to Australia. I had a hell of an argument with them, as firstly we were going on holiday only and secondly I was convinced it was not legal. Had little choice in the end to ensure a visa as departure time was near. I often thought I should have followed it up on return. Moral is get advise. Don't accept the first word and more importantly get the legal standing. Of course, a breach is a breach would can have consequences and there may be even more to the story, but on information at hand get advise. Quote Link to comment Share on other sites More sharing options...
Parley Posted November 19, 2017 Share Posted November 19, 2017 (edited) I'm sure a lot of people do do a bit of sneaky cash work if they think can get away with it. It sounds unusual for the border guys to go through your phone unless you were under investigation, so maybe someone did dob you in. The lesson for people. If you are going to do the wrong thing and work when you shouldn't, don't take photos of it or post about it on Facebook. Edited November 19, 2017 by Parley Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 19, 2017 Share Posted November 19, 2017 (edited) 4 hours ago, ali said: Whilst there will be nothing stopping you applying - they will take into consideration that you have been deported for breach of your previous visa. Speak to a migration agent before you part with money for an application that may not be granted. If it is a PIC 4020 ban then she can't apply for de facto until it expires so she needs to get an agent to ensure under exactly what rule she has been banned/deported. I would say that the flag was raised by CIBP because she was leaving and re-entering every three months, which is a risk that many of us on here warn people about, don't we, she was clearly with a partner and so was obviously trying to clock up de facto time. WARNING for all those trying to get time up onshore before applying onshore for spouse visas, I reckon......... Edited November 19, 2017 by Nemesis 1 Quote Link to comment Share on other sites More sharing options...
Toots Posted November 19, 2017 Share Posted November 19, 2017 1 hour ago, Nemesis said: If it is a PIC 4020 ban then she can't apply for de facto until it expires so she needs to get an agent to ensure under exactly what rule she has been banned/deported. I would say that the flag was raised by CIBP because she was leaving and re-entering every three months, which is a risk that many of us on here warn people about, don't we, she was clearly with a partner and so was obviously trying to clock up de facto time. WARNING for all those trying to get time up onshore before applying onshore for spouse visas, I reckon......... That would definitely have raised a red flag when re-entering Australia. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted November 19, 2017 Share Posted November 19, 2017 (edited) She did two things which she knew was not allowed. She was not a genuine tourist and she was working. Unless she or her partner had lots of money, she was probably getting paid too as how else has she lived there for 6 months and travelled oversees twice and let's be honest, how many people work for free? Either way she tried her luck as so many and she has been caught. She must be feeling very worried right now as it's all gone wrong but she can't honestly be feeling surprised, just gutted she got caught. Edited November 19, 2017 by Tulip1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted November 19, 2017 Share Posted November 19, 2017 15 minutes ago, Tulip1 said: She did two things which she knew was not allowed. She was not a genuine tourist and she was working. Unless she or her partner had lots of money, she was probably getting paid too as how else has she lived there for 6 months and travelled oversees twice and let's be honest, how many people work for free? Either way she tried her luck as so many and she has been caught. She must be feeling very worried right now as it's all gone wrong but she can't honestly be feeling surprised, just gutted she got caught. Lets face it, we see a lot of people on here doing it, and telling others how easy it is to do - come over on a EVisitor, leave and re-enter every three months, use it to build up your de facto time then apply onshore for a spouse visa. Those of us who are a bit more cautious warn them that they may fet refused entry etc etc, and usually get ignored or accused of scare-mongering. But this proves that its not scare-mongering. People can and do get stopped playing the three-month-reentry game. This case proves it. And that was before they realised she was working as well. Its tough on her, being deported, not knowing how soon she can apply to go back, etc etc but she broke the rules - let it be a warning to others. 4 Quote Link to comment Share on other sites More sharing options...
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