where/how/whom do i apply to for the 3 yr ban to be lifted??please help!!

[Guest jmcheng]

HI all

 

I need help! My student visa expired on the 15th of March 2011. I really didn't know until i got an email from uni asking me to provide details of my 'new' visa on the 29th of April.

 

Lodged an application with DIMIA, only to be told that since it was already outside the 28 day period I was not eligible for a renewal and they refused my visa application. I was told I could apply for a review with the MRT who will most likely NOT revoke that decision h

 

now. tribunals take a long time. ON its website, it takes approx 350 days from loddgement to decision which wil buy me enough time to graduate and go back home.

 

I was SO anxious and so upset the last couple of days when my future was so uncertain because I am in my final year of medical sch at melbourne uni, which means 6 months left till graduation! and they were telling me I had to pack up my bags and leave.

 

what was even more horrifying was the fact that they slapped on a 3yr ban onto my passport, which meant that i potentially could not complete my degree, waste 6 years of my life studying medicine only to not graduate just because i stupidly overstayed for 2 weeks

 

but thats ok now ( i hope) since I am betting that the tribunal will take forever and so i will have time to finish up my degree in 6 months.

 

prob is I want a job here! every medical student is applying for intern positions now. Assuming I get a contract, the hospital will sponsor me a 457 business long stay Temp visa.

 

But with my 3 yr ban, and because I am on a briding visa C, i wont be elligibble for that.

my

 

my option (i think) is to leave ASAP after my final exams, on the 18th of Nov ( miss graduation :'( )

apply offshore for a 457, and get the 3 yr ban waived so that I can return in time to start work as a doctor on the 16th of Jan next year,

 

my question is who do i appeal to get the waiver?at An Aust high commision? and how long will it take? If i send it in my email , or if apply directly to the DIMIA website, it could take forever!!! :'(

 

please pleas eplease help me if you guys have ever been in /or encountered a similar situation to mine

thanks

[wrussell 2,143]

HI all

 

I need help! My student visa expired on the 15th of March 2011. I really didn't know until i got an email from uni asking me to provide details of my 'new' visa on the 29th of April.

 

Lodged an application with DIMIA, only to be told that since it was already outside the 28 day period I was not eligible for a renewal and they refused my visa application. I was told I could apply for a review with the MRT who will most likely NOT revoke that decision h

 

now. tribunals take a long time. ON its website, it takes approx 350 days from loddgement to decision which wil buy me enough time to graduate and go back home.

 

I was SO anxious and so upset the last couple of days when my future was so uncertain because I am in my final year of medical sch at melbourne uni, which means 6 months left till graduation! and they were telling me I had to pack up my bags and leave.

 

what was even more horrifying was the fact that they slapped on a 3yr ban onto my passport, which meant that i potentially could not complete my degree, waste 6 years of my life studying medicine only to not graduate just because i stupidly overstayed for 2 weeks

 

but thats ok now ( i hope) since I am betting that the tribunal will take forever and so i will have time to finish up my degree in 6 months.

 

prob is I want a job here! every medical student is applying for intern positions now. Assuming I get a contract, the hospital will sponsor me a 457 business long stay Temp visa.

 

But with my 3 yr ban, and because I am on a briding visa C, i wont be elligibble for that.

my

 

my option (i think) is to leave ASAP after my final exams, on the 18th of Nov ( miss graduation :'( )

apply offshore for a 457, and get the 3 yr ban waived so that I can return in time to start work as a doctor on the 16th of Jan next year,

 

my question is who do i appeal to get the waiver?at An Aust high commision? and how long will it take? If i send it in my email , or if apply directly to the DIMIA website, it could take forever!!! :'(

 

please pleas eplease help me if you guys have ever been in /or encountered a similar situation to mine

thanks

 

So far you have done everything wrong, especially contacting the DIAC without first taking professional advice. For heavens sake, consult a registered migration agent for advice.

[Petals 4,258]

Only person I know had to leave the country and stay away. He then married my daughter's friend and returned some time later after proof of no marriage of convenience..

 

His parents and his sister were already living here as permanent residents did not make any difference.

 

Seek advice pronto

[Amy123 10]

I was given a 3 year ban for staying on a bridging visa for more than 28 days, we had a registered agent who helped with our visa so id definately take wrussels advice and get one!

Our ban was sorted within 5 weeks!

good luck!

[Guest jmcheng]

thanks amy!

5 weeks?? That is so fast!!! when did this happen? but isnt there no guarantee that they'll lift the ban? what if they never lift it?????

 

how can i guarantee they wil lift the ban for me to return to study?? If they don't my 6 year degree is gone down the drain!!!

[Guest guest30085]

I think the best advice that anyone can give has already been given - you NEED to speak to an experienced Migration Agent.

 

The cost of doing this surely can be justified if you have paid International Student Fees for six years?

 

I wish you luck

[Guest jmcheng]

i did speak to one, he said he DOUBTED that they WONT lift it, but he said there could be a possibility that they just might not say if a crazy unreasonable ass sitting at the DIAC office just refuses it.

 

so he told me to just stay on and finish up my degree and go back.. but i want to WORK HERE!! and this 3 yr ban is preventing me from getting at 457 visa.

 

OMG> I need some guarantee that if I leave in July, ill be back in August at least to finish up my course..any guarantees? who can i apply directly to ??? I don't want to leave Aust, be stuck in Malaysia, just waiting and waiting for some guy to go through 1000000 applications for a 3 yr ban to be lifted.

 

:'( please help

[Guest guest30085]

None of the normal posters on here are qualified to tell you what route to take.

 

The only persons who are qualified and know the law are Migration Agents or Lawyers etc.

 

There are a few Migration Agents who post on this forum

[melbournegirlinny 1,570]

It is hard to understand what you are writing. Westly Russell has given you good advice and you have spoken to another agent who thinks it would be lifted so why don't you go ahead and engage and agent to try to fix this problem? Writing on here won't resolve your big issue.

[Maddy2690 10]

I was given a 3 year ban for staying on a bridging visa for more than 28 days, we had a registered agent who helped with our visa so id definately take wrussels advice and get one!

Our ban was sorted within 5 weeks!

good luck!

 

Hi Amy

 

im in a similar position I overstayed on my 28 day visa by 2 days due to my migration agent over sighting the expiration I was wondering what steps you took to lift the ban?? And which migration agent did you use?

thanks

[AJ 1,866]

Hi Amy

 

im in a similar position I overstayed on my 28 day visa by 2 days due to my migration agent over sighting the expiration I was wondering what steps you took to lift the ban?? And which migration agent did you use?

thanks

An agent is not going to phone you up to tell you your visa is about to expire, I think that would be your responsibility to know!

[noworriesmate 3,285]

Hi Amy

 

im in a similar position I overstayed on my 28 day visa by 2 days due to my migration agent over sighting the expiration I was wondering what steps you took to lift the ban?? And which migration agent did you use?

thanks

 

Maddy, This thread is 4 years old and the person you are addressing hasn't been on the site for a couple of years now, May I suggest you start a new thread to ask your question - I'll close this one in the meantime.

 

NWM