Urgent: re-entry ban following visa cancellation

[esther308]

Hello all,

My dependent visa (subclass 500) has just been cancelled six months after my then-partner left the country and his school notified immigration of his termination of study/departure (last July). Meanwhile, I was in Australia when that visa was cancelled, and with that my ETA (subclass 600) then ceased to exist. 

I called up immigration for advice and they instructed me to apply for a BVE to rectify my situation. A compliance officer called after receiving my application and told me I needed to provide flight details as to when I am leaving the country, and that a 3-year re-entry ban will be imposed on me. 

It's been nearly 20 days and I have yet to have the BVE granted since I have been trying to clarify my situation with the help of a lawyer, who is proven to be of no help. 

Sorry for the lengthy post but being wrecked by anxiety and horror I hope the experts here could help answer some of my questions..

- Do all visa cancellations lead to a re-entry ban? Most websites, including that of the immigration, state that only if you violate certain conditions, e.g. overstaying your visa, working as a tourist etc. would you be imposed such ban. In that case, can I argue I should not have been receiving such ban?

- My understanding is leaving the country with a BVE can imply a re-entry ban. However I was told by immigration that when the dependent visa was cancelled that was the only option I had when I was rendered without any visa. Obviously I would not want to obtain a BVE if I knew of the ban, but then I would have been staying/leaving the country without a visa. My point is an hour after I realised my ex-partner's visa, hence my dependent's visa, was cancelled and my ETA unfortunately also ceased to exist, I had promptly acted on the situation i.e. apply for a BVE as told to remain lawful. Not sure why I should be penalised or considered a risk? 

- I have assumed my ex-partner, and you can imagine we have had minimum contact given the nature of our breakup, has carried out all the right and necessary steps to cancel his student visa upon leaving his course. He talked to immigration numerous times and was told he didn't need to do anything if his school was on it. His school had emailed him about them having notified immigration he decided to leave the course/country. The immigration only cancelled the visa six months later. So did he voluntarily ask to have his visa cancelled? In immigration's eye did he leave his student visa unattended, even though he was told it was good enough to inform the school, which would then inform immigration? If so, is this the reason of this cancellation is leading to a re-entry ban?

- Since the cancellation of my ETA is tied to the cancellation of the dependent visa/student visa, to which I have no right to appeal because it was cancelled while the holder (my ex-partner) was overseas. However, being also the holder, albeit 'secondary' of the visa, I was onshore. Does it mean I have no right to appeal this situation whatsoever? 

I was of the wrong impression that applying for an ETA before I came would cover my bases in case the dependent gets cancelled and was not aware of the legislation hidden deep in the Migration Act but have only wanted to come as a genuine tourist. I'm stuck in a limbo and terrified of the future where there seems to be no options whatsoever. The lawyer who I counted on has been half-hearted at best on my case and 20 days have passed no new information/change has been obtained my the immigration. 

If you know anything about the subject, please let me know your thoughts. Thank you.

[ali]

Are you intending to apply for a visa in your own right?

[esther308]

Hi Ali, 

First and foremost I'd hope to not have this re-entry ban imposed on me but looks like leaving with a BVE, even though that seems to be my only option now, would automatically trigger such exclusion period if I wish to come back on a tourist/working holiday visa? 

 

 

[Nemesis]

Get a new agent. You need professional advice. 

I would hazard a guess that yoiu should have left when your partner left. As the student visa would ne longer have been valid once your partner ceased to be a student, your dependent visa would also have been no longer valid. Hence by remaining onshore after your partner departed, you need a BVE as you are otherwise in Oz illegally (ie without a visa of any kind)

One thing is certain though, if you were holding a 500 visa there is no way you can have been holding an ETA as well. You can only hold one visa/ETA at a time and cannot hold a second as a back-up.

[esther308]

Thanks for the advice. I received an email from immigration when my ETA was successfully granted, but didn't receive any notification when it ceased to exist when the dependent visa got cancelled. 

I left the country when my ex-partner left, but the dependent visa remained valid for six months as I checked its status from time to time. I only applied for an ETA to come back as a tourist. 

[Parley]

Did you notify them that you had separated from your ex partner.

I think you have to as you are probably no longer his dependent at that point. If you stayed here after splitting up with your partner (no longer a dependent) and also after he left the country, then I think it will be hard to convince them you are an innocent party in all this.

[paulhand]

7 hours ago, Nemesis said:

One thing is certain though, if you were holding a 500 visa there is no way you can have been holding an ETA as well. You can only hold one visa/ETA at a time and cannot hold a second as a back-up

The OP definitely needs to speak with a new RMA if they are unsatisfied with the service they have so far received. This situation is too complex for general forum advice. 

‘On the above - this is not the case with ETAs. ETAs sit in the background like bridging visas if the holder has a substantive visa, they do not ‘overwrite’ an existing visa. If the OP had been granted a ‘standard’ visitor visa this would have replaced the student visa.