darrengyk Posted January 14, 2018 Share Posted January 14, 2018 (edited) Hi all, I currently have the 3 year ban from reentering Australia (story below) and would like to seek advise on my next steps and likelihood of obtaining a waiver for the ban. I am currently back home in Singapore but would like to go back to Australia. I initially went to Brisbane in 2014 to do a degree in Arts, lasting for 3 years. My visa had an expiry date of March 2017. However, after completing my first year of university, I changed my program into a 4 years program, but failed to extend my visa for that extra academic year. It happened 3 years ago and I have no idea why I didn't extend my visa but it's too late to do anything about it and I understand that it's my fault regardless. I only realised the problem after I graduated (December 2017) when I was trying to apply for a graduate visa to work for a year before pursuing my Masters in the same university. Upon realisation I voluntarily went down to the immigration office, who gave me 2 weeks to leave Australia. I left Australia on 18th December 2017 and have been home since. During my 4 years in Australia I haven't worked at all and have been concentrating on my studies, of which I obtained first class honours. I've also been financially capable and have not relied on any form of government support for school fees and living expenses. I've volunteered in the uni's sports club as an executive member (organising events, conducting trainings etc.), and represented the uni in several competitions such as Northern and Australian Unigames. I've taken part in a combined internship program between my uni and a big firm (one of the big 4) and have received good feedback for it (of which I've also asked my supervisor, who happens to be the director for the Masters program I will be applying for, to write a referee letter). He has also said in his email that they would be happy to have me in the program. Lastly, I have a girlfriend who is also an international student in Australia. My main reason for posting this is because I'm at a lost for what to do. I've always planned to take my Masters in Australia, partly because it's not provided in Singapore, but mainly because I plan to forge a career and settle down in Australia upon finishing my Masters. Also, because I'm a psychology major, in order to apply for a Permanent Residence Visa, I would be required to be a registered psychologist (i.e., completed Masters) to pass the skilled assessments test, which I'm unable to do in my home country. I read somewhere that in order to help my case I have to show that I contributed to the Australian society. However as a fresh grad, I haven't had any chance to contribute to the society, and that all there is to show for during my 4 years there was the intention to contribute, rather than actual contribution. I'm considering applying for a visitor's visa so I'll still be able to go back when I can to visit, even though I won't be able to work while on that visa. Would the likelihood of getting a waiver for the ban be high given my situation? Also, I may be paranoid but the reason I waited a month before posting and asking for help was because I initially planned to just wait till it's time for the Masters program interview (roughly October 2018) before applying, as I didn't want to risk not being able to obtain a visa now, and have it jeopardise my chances of obtaining a student visa in future. Would it matter? Lastly, assuming I do apply for it, would I require legal help? And if so, would anyone be able to direct me on the next steps to take? I will be checking this post regularly and replying to everyone asap, so I do appreciate all the help I can get. Shoot me any questions you might have and I will answer it as best as I can. Thank you. Edited January 14, 2018 by darrengyk Quote Link to comment Share on other sites More sharing options...
CeltInCaulfield Posted January 14, 2018 Share Posted January 14, 2018 https://www.homeaffairs.gov.au/trav/visa/visa-about-to-expire-or-expired/status-resolution-service/re-entry-bans-fact-sheet As you'll see from this page, re-entry bans cannot be removed. Quote Link to comment Share on other sites More sharing options...
Toots Posted January 14, 2018 Share Posted January 14, 2018 if you have received a 3 year ban then there is no point applying for a visitor visa. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted January 15, 2018 Share Posted January 15, 2018 As far as I know the 3 year ban can only be waived if you are applying for a PR visa. Maybe you should consult an agent about your possible route forward. Is it possible to do the Masters remotely? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted January 15, 2018 Share Posted January 15, 2018 You cannot get a tourist visa if you are subject to a three year ban. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted January 15, 2018 Share Posted January 15, 2018 The ban does not stop you from applying for a visa, however, you will have to request a waiver of the ban (for most visas) in order to pass Schedule 4 "Public Interest" criteria. Quote Link to comment Share on other sites More sharing options...
darrengyk Posted January 18, 2018 Author Share Posted January 18, 2018 On 15/01/2018 at 10:43, rammygirl said: As far as I know the 3 year ban can only be waived if you are applying for a PR visa. Maybe you should consult an agent about your possible route forward. Is it possible to do the Masters remotely? I would be consulting an agent too probably when it's closer to the Masters application. The annoying thing is in order to pass the skilled assessments test for the PR application I would be required to be a registered psychologist, which I would only get after I graduate from my Masters. Doing my Masters somewhere else is in consideration but ideally I would want to do it in Australia because of the need to convert the registration from another place to an Australian one. Quote Link to comment Share on other sites More sharing options...
darrengyk Posted January 18, 2018 Author Share Posted January 18, 2018 On 16/01/2018 at 03:52, Raul Senise said: The ban does not stop you from applying for a visa, however, you will have to request a waiver of the ban (for most visas) in order to pass Schedule 4 "Public Interest" criteria. I've read the criteria as best as I could and don't think that would be a problem. However, in your professional opinion, given what you understand about my case, would that be a move I should make? I.e., would you reckon my case is strong? Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted January 18, 2018 Share Posted January 18, 2018 I do not give individual advice on complex matters in a public forum. To so so would be a disservice to you as Schedule 4 Public Interest criteria, in regards to a re entry ban, can be complex. A proper assessment would require considerably more information about your individual situation and more detail about the circumstance surrounding the issuing of the ban. 1 Quote Link to comment Share on other sites More sharing options...
darrengyk Posted January 23, 2018 Author Share Posted January 23, 2018 On 19/01/2018 at 03:50, Raul Senise said: I do not give individual advice on complex matters in a public forum. To so so would be a disservice to you as Schedule 4 Public Interest criteria, in regards to a re entry ban, can be complex. A proper assessment would require considerably more information about your individual situation and more detail about the circumstance surrounding the issuing of the ban. I totally understand that. Thank you Raul for your input, I appreciate it. Quote Link to comment Share on other sites More sharing options...
Clauvic Posted April 27, 2018 Share Posted April 27, 2018 Hi Darren, I had the same problems as you back in January 2018. I overstayed and was issued a BVE with a 3 year reentry ban. I managed to get it waive after 2 months waiting period, and was granted a new student visa in March 2018. Message me if you have any questions, I might be able to help with some advices. All the best! 2 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted April 27, 2018 Share Posted April 27, 2018 On 23/01/2018 at 13:36, darrengyk said: I totally understand that. Thank you Raul for your input, I appreciate it. Maybe a good idea to contact Raul for an thorough assessment. Yes it will cost you but it may be your best chance. 1 Quote Link to comment Share on other sites More sharing options...
Raisa Posted April 30, 2018 Share Posted April 30, 2018 On 27/04/2018 at 18:37, Clauvic said: Hi Darren, I had the same problems as you back in January 2018. I overstayed and was issued a BVE with a 3 year reentry ban. I managed to get it waive after 2 months waiting period, and was granted a new student visa in March 2018. Message me if you have any questions, I might be able to help with some advices. All the best! Hi Clauvic, can i please contact you? I really need urgent help in this regard and this page won’t allow me to message you. Thank you! Quote Link to comment Share on other sites More sharing options...
Guest Posted April 30, 2018 Share Posted April 30, 2018 42 minutes ago, Raisa said: Hi Clauvic, can i please contact you? I really need urgent help in this regard and this page won’t allow me to message you. Thank you! This is because it’s a new account and you’ve only made one post. Quote Link to comment Share on other sites More sharing options...
Raisa Posted April 30, 2018 Share Posted April 30, 2018 7 hours ago, snifter said: This is because it’s a new account and you’ve only made one post. What do I have to do to be able to send messages? Thank you! 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted April 30, 2018 Share Posted April 30, 2018 6 minutes ago, Raisa said: What do I have to do to be able to send messages? Thank you! No offence to the other poster, but if you are trying to overcome a three year ban you really should be getting professional advice. 3 Quote Link to comment Share on other sites More sharing options...
Guest Posted April 30, 2018 Share Posted April 30, 2018 14 minutes ago, Raisa said: What do I have to do to be able to send messages? Thank you! Iirc you need to make a certain number of posts. And as above, if you are trying to overcome a ban, professional advice is important. Quote Link to comment Share on other sites More sharing options...
darrengyk Posted April 30, 2018 Author Share Posted April 30, 2018 On 27/04/2018 at 16:37, Clauvic said: Hi Darren, I had the same problems as you back in January 2018. I overstayed and was issued a BVE with a 3 year reentry ban. I managed to get it waive after 2 months waiting period, and was granted a new student visa in March 2018. Message me if you have any questions, I might be able to help with some advices. All the best! Hi Clauvic, I would really like to know more about your situation but unfortunately I'm unable to send you any messages. Really hoping this quote/reply would give you a notification. Is there any other way I can contact you? 4 hours ago, snifter said: Iirc you need to make a certain number of posts. And as above, if you are trying to overcome a ban, professional advice is important. Moderators is there anything I can do to contact Clauvic personally since he has given me permission? I do not have permission to send pms. And also to everyone, I'm in the midst of seeking professional advice as well so thank you all for your input. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted April 30, 2018 Share Posted April 30, 2018 If you try again now, you should be able to send a pm. Quote Link to comment Share on other sites More sharing options...
Clauvic Posted May 1, 2018 Share Posted May 1, 2018 On 4/30/2018 at 11:28, Raisa said: Hi Clauvic, can i please contact you? I really need urgent help in this regard and this page won’t allow me to message you. Thank you! Hi Raisa, yes of course, I would be happy to help. As mentioned by other members above, it is best to ask advice from a professional migration agent. But, I will let you know about my experiences and the advice that I received from my agent. 1 Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 10, 2018 Share Posted May 10, 2018 You should both take into account that: a) what worked for one applicant may not work for another as both your scenarios will have unique complexities and the rules in migration change frequently, and b) unless you are a registered migration agent, you are legally not allowed to give migration advice. 3 Quote Link to comment Share on other sites More sharing options...
Liliamd Posted July 15, 2018 Share Posted July 15, 2018 On 01/05/2018 at 19:49, Clauvic said: Hi Raisa, yes of course, I would be happy to help. As mentioned by other members above, it is best to ask advice from a professional migration agent. But, I will let you know about my experiences and the advice that I received from my agent. Hi Clauvic, can i get ur email to contact u to get advice from u. Tq Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 15, 2018 Share Posted July 15, 2018 16 hours ago, Liliamd said: Hi Clauvic, can i get ur email to contact u to get advice from u. Tq Do you not realise how serious this is? Unless another poster's situation is 100% identical to ( never going to happen) then you should get advice from a registered agent. 2 Quote Link to comment Share on other sites More sharing options...
Dhillon7 Posted September 15, 2018 Share Posted September 15, 2018 On 16/01/2018 at 01:22, Raul Senise said: The ban does not stop you from applying for a visa, however, you will have to request a waiver of the ban (for most visas) in order to pass Schedule 4 "Public Interest" criteria. Hi rail. .my husband was banned for 3yrs..bcoz of overstay of 10days. .then he got BV E.bt again big mistake he came back to India on E.now 3yrs ban was finished in June 2017.my question is can he apply for tourist visa or still cnt get any temporary visa.ban is no more.thanx Quote Link to comment Share on other sites More sharing options...
Nemesis Posted September 15, 2018 Share Posted September 15, 2018 6 hours ago, Dhillon7 said: Hi rail. .my husband was banned for 3yrs..bcoz of overstay of 10days. .then he got BV E.bt again big mistake he came back to India on E.now 3yrs ban was finished in June 2017.my question is can he apply for tourist visa or still cnt get any temporary visa.ban is no more.thanx If the ban has expired he can apply for other visas. but there is no guarantee they will be granted. Quote Link to comment Share on other sites More sharing options...
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