newarrival Posted March 25, 2021 Share Posted March 25, 2021 I had a phone call today from Home Affairs out of the blue. They said that when I arrived in Australia over a year and a half ago I lied to customs officers as I told them I was only visiting for a holiday for 8 weeks and then leaving. The real reason I came here was to apply for a permanent resident visa but family and friends advised me not to mention that to customs as chances are I wouldn't be allowed in and for me to book a return ticket so it would look as if I was on holiday. I agreed that it was a good idea and my best chance of getting past customs. So what did I do wrong exactly? There's no rule anywhere that I can see that says I cant say that I'm coming for a short stay and then later change my mind and apply for a permanent resident visa. They have given me a BVE bridging visa with a condition I buy a ticket. Obviously I'm not going to do that. 1 1 Link to comment Share on other sites More sharing options...
Jon the Hat Posted March 25, 2021 Share Posted March 25, 2021 Not being funny, but I have no doubt people who investigate such things can also google and search forums. I would take this down and call an MRA agent for advice. 4 Link to comment Share on other sites More sharing options...
Tulip1 Posted March 25, 2021 Share Posted March 25, 2021 6 hours ago, newarrival said: I had a phone call today from Home Affairs out of the blue. They said that when I arrived in Australia over a year and a half ago I lied to customs officers as I told them I was only visiting for a holiday for 8 weeks and then leaving. The real reason I came here was to apply for a permanent resident visa but family and friends advised me not to mention that to customs as chances are I wouldn't be allowed in and for me to book a return ticket so it would look as if I was on holiday. I agreed that it was a good idea and my best chance of getting past customs. So what did I do wrong exactly? There's no rule anywhere that I can see that says I cant say that I'm coming for a short stay and then later change my mind and apply for a permanent resident visa. They have given me a BVE bridging visa with a condition I buy a ticket. Obviously I'm not going to do that. It sounds like they got it right, you did lie to them. You’ve admitted here you deliberately purchased a return ticket to make it look like you intended on returning (your best chance of getting past customs as you put it) and told them you were just visiting for 8 weeks. Whilst going on holiday and then deciding to stay may be ok you didn’t do that. Your real reason for arriving was to stay and you tried to manipulate the system by buying a return ticket and stating you were only there on holiday. You acted and said things to them that would ‘get you past customs’ that is fraud and you’ve been caught. I’d suggest you get in touch with a good migrant agent to see if there’s anything you can do but it looks like you may well be getting a ticket back. 3 Link to comment Share on other sites More sharing options...
Quoll Posted March 25, 2021 Share Posted March 25, 2021 We always say to people that it’s never a good idea to lie to Immigration. You did and you’ve been caught. Talk to an agent, you might find a way to get out of it but you’ve been given an option with a condition you buy a ticket to leave - sounds like the sensible option will be to do that then start applying again properly once you are back home although on your record they will know that you lied once already and that won’t look good for you. 3 Link to comment Share on other sites More sharing options...
wrussell Posted March 25, 2021 Share Posted March 25, 2021 If you go to my website pinoyau.com and use the contact form I shall review your case and advise you. 2 Link to comment Share on other sites More sharing options...
NicF Posted March 25, 2021 Share Posted March 25, 2021 Have you actually applied for a permanent visa? Link to comment Share on other sites More sharing options...
Marisawright Posted March 25, 2021 Share Posted March 25, 2021 9 hours ago, newarrival said: I had a phone call today from Home Affairs out of the blue. They said that when I arrived in Australia over a year and a half ago I lied to customs officers as I told them I was only visiting for a holiday for 8 weeks and then leaving. The real reason I came here was to apply for a permanent resident visa So did you apply for a permanent resident visa? If you did, you should hold a bridging visa already. If you haven't applied for a permanent visa yet, then you are in the country illegally. 2 Link to comment Share on other sites More sharing options...
Paul1Perth Posted March 26, 2021 Share Posted March 26, 2021 You have been lucky to stay for so long without being found out and deported. You could implicate your family who gave you that advice too, make sure they all have their visas. I'm surprised you've not had a visit from customs. 2 1 Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 4 minutes ago, Paul1Perth said: You have been lucky to stay for so long without being found out and deported. You could implicate your family who gave you that advice too, make sure they all have their visas. I'm surprised you've not had a visit from customs. Family have been here for 15 years. Had the same advice from friends in the UK too. Show me the law that states you can't say you're coming for a holiday and then applying for another visa. I'd like to see that. Link to comment Share on other sites More sharing options...
Paul1Perth Posted March 26, 2021 Share Posted March 26, 2021 Not sure about the law but you lied to customs. Don't you watch that program? You stand a very good chance of being deported and banned from re-entering. 1 Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 4 minutes ago, Paul1Perth said: Not sure about the law but you lied to customs. Don't you watch that program? You stand a very good chance of being deported and banned from re-entering. If I had told customs I was coming here and going to apply for a permanent residency visa I would have been almost certainly been questionned and risked being disallowed entry. I had no choice but to say I was coming for a holiday. Everyone strongly advised me to say that. I broke no law as I was on a 3 month tourist visa. 1 Link to comment Share on other sites More sharing options...
Paul1Perth Posted March 26, 2021 Share Posted March 26, 2021 3 minutes ago, newarrival said: If I had told customs I was coming here and going to apply for a permanent residency visa I would have been almost certainly been questionned and risked being disallowed entry. I had no choice but to say I was coming for a holiday. Everyone strongly advised me to say that. I broke no law as I was on a 3 month tourist visa. Didn't you break the law as soon as you overstayed? I would have thought so. You lied mate, not a good idea. 2 Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 1 minute ago, Paul1Perth said: Didn't you break the law as soon as you overstayed? I would have thought so. You lied mate, not a good idea. No I applied for a BVE. I may be wrong about this but overstaying and applying for a BVE to keep me here lawfully isn't breaking the law. Link to comment Share on other sites More sharing options...
Marisawright Posted March 26, 2021 Share Posted March 26, 2021 (edited) 22 minutes ago, newarrival said: No I applied for a BVE. I may be wrong about this but overstaying and applying for a BVE to keep me here lawfully isn't breaking the law. There are only two reasons you can get a BVE. One is to give you enough time to book a flight and get out of the country. The second is to let you stay while you're waiting for Immigration to decide on an application you already submitted for a long-term visa. Since it sounds like you never submitted a visa application, the second one doesn't apply to you. So your only choice now is to leave the country before the BVE expires. If you don't, you'll become unlawful. Then you'l have a black mark on your record which might ruin your chances of ever getting a permanent visa to Australia. In fact, if your tourist visa expired before you applied for the BVE, you've probably already stuffed it up. Edited March 26, 2021 by Marisawright 1 Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 I was going to submit an appplication for a tourist stream 600 visa to allow me to stay here longer but I couldn't access the immi account site to do it in time. I kept getting error messages and by the time it was working ok the deadline had passed. I assumed the BVE I was granted would expire at midnight but I was wrong. So I was unable to apply. So now Im on my second BVE which has a no travel condition yet Im being told to leave which makes no sense at all. I'll apply for another BVE on April 8th. Link to comment Share on other sites More sharing options...
Marisawright Posted March 26, 2021 Share Posted March 26, 2021 (edited) 8 minutes ago, newarrival said: I was going to submit an appplication for a tourist stream 600 visa to allow me to stay here longer but I couldn't access the immi account site to do it in time. I kept getting error messages and by the time it was working ok the deadline had passed. I assumed the BVE I was granted would expire at midnight but I was wrong. So I was unable to apply. So now Im on my second BVE which has a no travel condition yet Im being told to leave which makes no sense at all. The travel condition just means that you can't leave Australia and come back (eg. you can't hop over to New Zealand or Bali for a weekend). Like I said, they give you the BVE to give you time to book a flight. That's all. They won't keep letting you renew it. You might even find yourself getting charged with fraud and banned from Australia for years. I suggest you get that flight booked pronto. Edited March 26, 2021 by Marisawright 3 Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 I have no intention of leaving Australia. As for being charged with fraud I'd say that would hard to prove as Ive done nothing fraudulent. Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 Being given just 2 weeks to leave the country is impossible anyway. How is anyone supposed to sell all their furniture in that short space of time? I can't leave Australia for at least 6 months at the very minimum. Could you sell all your furniture in just 2 weeks and sell your house? Link to comment Share on other sites More sharing options...
Marisawright Posted March 26, 2021 Share Posted March 26, 2021 (edited) 43 minutes ago, newarrival said: I have no intention of leaving Australia. As for being charged with fraud I'd say that would hard to prove as Ive done nothing fraudulent. If you are in the country on a tourist visa or a BVE and you have no intention of leaving Australia, then you are committing fraud already. You were given the BVE in the expectation that you'd make genuine efforts to leave Australia and you have not done so. I very much doubt that you have bought a house. You'd have had to get special permission to do so, since you've got no permanent visa. If you've been silly enough to buy a houseful of stuff when you don't have a proper visa to live in Australia, that's not Immigration's problem. It's no excuse. Edited March 26, 2021 by Marisawright 4 Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 Im still puzzled as to how Home Affairs would even know about the conversation I had with customs at the airport over a year ago. When they were searching my bags one of them asked how long I was staying for, if I was carrying any cash etc. It was a casual conversation so I said just 8 weeks then going back to make it look like I was only going for a holiday. My rental lease runs out in late September so should I decide to leave that would be the best time for me to go and it gives me plenty of time to sort everything out. When I leave Australia it'll be on my terms and on the date I wish to travel. Certainly not going to be rushed into leaving by Home Affairs. Relocating to another country takes time it's not something you can do in just a couple of weeks. Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 Pretty sure you can buy a house on a bridging visa. You don't need special permission as far as I know. Link to comment Share on other sites More sharing options...
Marisawright Posted March 26, 2021 Share Posted March 26, 2021 (edited) 17 minutes ago, newarrival said: Im still puzzled as to how Home Affairs would even know about the conversation I had with customs at the airport over a year ago. When they were searching my bags one of them asked how long I was staying for, if I was carrying any cash etc. It was a casual conversation so I said just 8 weeks then going back to make it look like I was only going for a holiday. My rental lease runs out in late September so should I decide to leave that would be the best time for me to go and it gives me plenty of time to sort everything out. When I leave Australia it'll be on my terms and on the date I wish to travel. Certainly not going to be rushed into leaving by Home Affairs. Relocating to another country takes time it's not something you can do in just a couple of weeks. lt's not the conversation you had, it's what you wrote on the card you filled in when you arrived. That card is a legal document, and it includes a declaration, which you signed, promising to leave the country before your visa expired. The fact that you didn't leave, means you've already broken the law. I'm guessing that they've been more lenient than usual and let you have a BVE because of Covid. I suppose you're working illegally as well? You can buy a house on a bridging visa, but you need special permission. Google FIRB and you'll see what I mean. Edited March 26, 2021 by Marisawright 2 Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 I can't remember what I wrote on the card now but I probably wrote holiday, same as I told customs. Not doing anything illegal. Link to comment Share on other sites More sharing options...
Rallyman Posted March 26, 2021 Share Posted March 26, 2021 16 hours ago, newarrival said: I had a phone call today from Home Affairs out of the blue. They said that when I arrived in Australia over a year and a half ago I lied to customs officers as I told them I was only visiting for a holiday for 8 weeks and then leaving. The real reason I came here was to apply for a permanent resident visa but family and friends advised me not to mention that to customs as chances are I wouldn't be allowed in and for me to book a return ticket so it would look as if I was on holiday. I agreed that it was a good idea and my best chance of getting past customs. So what did I do wrong exactly? There's no rule anywhere that I can see that says I cant say that I'm coming for a short stay and then later change my mind and apply for a permanent resident visa. They have given me a BVE bridging visa with a condition I buy a ticket. Obviously I'm not going to do that. So what visa did you enter Australia on in the first instance? Link to comment Share on other sites More sharing options...
newarrival Posted March 26, 2021 Author Share Posted March 26, 2021 Just now, Rallyman said: So what visa did you enter Australia on in the first instance? Tourist visa. Link to comment Share on other sites More sharing options...
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