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Guest jennz009

3 yr ban

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Guest jennz009

Hi,

 

Was wondering if your on a 3 yr ban can you still look out fr 457 visa jobs.

 

I applied an hour late wasnt aware of time difference.I was waiting fr some docs to apply. consequently my visa was processed invalid and due to expired visa for more than 28 days I got a 3 year ban. Any ideas how to uplift the ban?

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Guest Jamie Smith

Get professional help from a reliable agent in good standing with DIAC, see what they say and follow the advice.

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Guest jennz009

I did, in fact, I met with 3 lawyer closely associated with the DIAC all gave me different info.

 

One said you cant apply fr 457 it will get declined

One said that's your only mode of entry at the moment

One said come back on a student or occupational trainee ship visa

 

So confused and stressed. I have my twin sister who is a citizen but can't do much.

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Guest Jamie Smith

Hi there

 

I was thinking they could make a submission to have the restriction overturned, rather than risk being discovered under a new application.

 

I think making another application without knowing your actual entitlement to apply is taking a risk.

 

By the way, no lawyer can legally claim to be closely associated with DIAC. MARA rules prohibit any agent claiming to have special privileges.

 

They should instead point to a long list of happy clients and in particular, a track record of having restrictionms overturned on appeal.

 

Ask them to show you their DIAC approval on appeal letters...

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Guest jennz009

True!

 

I was thinking would it be a good idea writing to the minister and asking for the ban to be waived.

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True!

 

I was thinking would it be a good idea writing to the minister and asking for the ban to be waived.

 

The minister has no power to intervene until an application for review of a visa refusal decision has failed.

 

Non-return (exclusion) periods of the type you have (apparently) encountered do not apply to all classes of visa application. Unusually for migration law, there is some logic in this, one cannot overstay a permanent visa.

 

Exclusion periods can be waived where there are compassionate and compelling circumstances. This is a dangerous area to enter without professional advice, or even with it.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Guest Jamie Smith

There you go:

 

1. appeal to DIAC

2. if successful, reapply

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3 year ban does not affect PR, a friend of mine overstayed his WHV by 6 years and his employer sponsored him for ENS 121. He was back where he left off after 5 months all nice and legal.

 

Not sure about a 457

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Hi i had a 3 year ban for obtaining a bridging visa for more than 28 days and we got it wavered on compassionate and compelling reasons, i would definitely look into getting an agents help, we now have our 457.

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Guest jmcheng

wat was ur compelling reason????? who helped u? and where did u apply to get it waived??

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