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yodes

Help... 3 year exclusion ban.... defacto or prospective marriage visa?

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Hi All

 

I recently got deported from australia for breaking the rules of my visa.

 

I was on a tourist visa and did a few days work as i was a bit short of cash and a friend needed help to finish a job and asked if i would help him out and he gave me some money for groceries in return.

 

Im in a commited relationship with an australian citizen and we have been dating for over 12 months but have only been living together for 10 as i had to previously return home for 3 months when my dad got sick.

 

Due to breaking my visa I have been given the 3 year exclusion ban however the guys in the immigration department were fairly confident that i would be able to get the ban waived if i was to return on a more permanent basis such as a partner visa.

 

Has anyone been through the same experience and what do i need to do to get the exclusion waived? Is it a case of sending off an appeal or do i just have to hope they waive if i apply for another visa?

 

Have me and my partner been together long enough to get a partner visa? We have got evidence of shared bills, joint credit card, recently went on our 1st holiday together, numerous photos and joint invitations to events such as birthdays wedding etc?

 

If not then we will probably have to look at the prospective marriage visa, although we are not engaged i had planned to do it next year after we had already sorted out our defacto visa.

 

Its a lot of questions but im after as much advice as i can possibly find.

 

Thanks

 

Carl

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Can't help you with the exclusion waiver, but I'd recommend at least having a chat with a migration agent (you don't necessarily have to use them for the application but just seek some advice) as it sounds like a complication.

 

To apply for the partner visa as a defacto you need to show evidence that you've been living together for 12 months. So the easiest way to meet that requirement would just be to wait another couple of months. Especially as it takes most people weeks to get all their documentation together so by then you'd have qualified.

 

You may be able to cover the 3 months you spent away as exceptional circumstances and then you'd already be fine but I honestly think even if you started collecting your documentation today you'd barely be ready before 2 more months had passed anyway. Keep in mind you'll potentially need to get documentation from Australia (at least your partner will), contact family and friends for stat decs/statements, sort through the documentation you already have and decide what's relevant.

 

If you can get past the exclusion problem I'd go for the spouse/defacto visa. The PMV just lets you enter the country and once you're married you'll then have to apply for the spouse visa anyway in order to stay so save some time and hassle and do it first time round. Just my opinion.

 

Good luck:)


OH's front loaded application (309 visa) received at AH 13/04/2011. CO assigned 20/04/2011. Original documents returned 26/04/2011. Visa approved 11/08/2011! Arrived in Adelaide 3/11/2011

 

Second stage (permanent) visa applied 2/04/2013. Visa granted 14/05/2013.

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Thanks.

 

The only problem with that at the moment is now im in the uk and she is still in melbourne and is unlikely to be able to come here for an extended period of time for quite a while.

 

but ill speak to an agent and see what advice they have for me.

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Guest MM2Melb

How awful for you. I am not sure about the visa waiver, I hope you can get something sorted but it is also quite a gamble to pay for the application and/or agent fees without a clear cut case. Would there be any chance of an appeal or alternatively would your partner consider coming to the UK for a bit so you could make a more standard application for a defacto visa?

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Most good agents won't take you on unless they're very confident of your application and many operate on a "no win-no fee" basis. Not saying you should have to use an agent but it's something to consider.


OH's front loaded application (309 visa) received at AH 13/04/2011. CO assigned 20/04/2011. Original documents returned 26/04/2011. Visa approved 11/08/2011! Arrived in Adelaide 3/11/2011

 

Second stage (permanent) visa applied 2/04/2013. Visa granted 14/05/2013.

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Guest MM2Melb

Sorry you have kind of mentioned the points I made already. There is an immigration appeals tribunal, you could speak to someone in Australia - if you Google this you should be able to get info about charities which will assist you for free I think, they should be able to help with advice about appealing the exclusion & whether it is feasible. I realise you are in the UK but I think this is all dealt with in/from Australia.

 

Otherwise next step as an agents for info about a new visa sounds like great advice.

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How awful for you. I am not sure about the visa waiver, I hope you can get something sorted but it is also quite a gamble to pay for the application and/or agent fees without a clear cut case. Would there be any chance of an appeal or alternatively would your partner consider coming to the UK for a bit so you could make a more standard application for a defacto visa?

 

 

at the end of the day i made the mistake and got caught out but its hard to think that we might have to be apart for so long when i was just trying to make things a little easier.

 

the immigration were pretty certain that we could get the ban waived due to our relationship so im hoping that is the case.

 

her coming to the uk was going to be a last resort because she has just got a promotion and pay rise, built a brand new house that we wont be able to afford if she quits her job and we also have a dog although im sure her parents would help to look after him

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Guest MM2Melb

Oh well best of luck with it. There is lots of good info on here about preparing your partner visa app if you need it.

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If you've got a valid reason for not living together (and being kicked out of Oz would probably count!) you can sometimes get around the requirement of living together. But you do need to be able to demonstrate that during any time you're apart you're still in a committed and exclusive relationship.

 

Good luck :)


Jo (Aussie), Jon (Pom on a 100 visa), Satch (the gorgeous viscous labrador) have now been joined by Siena Rose.

Does anyone have a spare instruction manual for a baby girl?

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If you've got a valid reason for not living together (and being kicked out of Oz would probably count!) you can sometimes get around the requirement of living together. But you do need to be able to demonstrate that during any time you're apart you're still in a committed and exclusive relationship.

 

Good luck :)

I thought about suggesting that but is breaking visa conditions a "valid" reason? :)


OH's front loaded application (309 visa) received at AH 13/04/2011. CO assigned 20/04/2011. Original documents returned 26/04/2011. Visa approved 11/08/2011! Arrived in Adelaide 3/11/2011

 

Second stage (permanent) visa applied 2/04/2013. Visa granted 14/05/2013.

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they won't like it that's for sure - unfortunately i think it's probably one for an agent :)


Jo (Aussie), Jon (Pom on a 100 visa), Satch (the gorgeous viscous labrador) have now been joined by Siena Rose.

Does anyone have a spare instruction manual for a baby girl?

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ive just read some information that says

 

If you have a visa which is cancelled other than because of your criminal conduct, then you are not excluded

from being granted a permanent or conditional temporary visa (see below) unless you were ‘removed’ from

Australia previously (see above).

However, you will not be granted a temporary visa for a period of 3 years from the date of cancellation (unless

waived – see below) if:

• your visa was cancelled because you gave the Department of Immigration incorrect information or bogus

documents

• your visa was cancelled because you worked without permission or breached a work, study or other

condition on your visa

• your Student visa was cancelled because the Minister was satisfied that you were not a student and

were not likely to be a student or because you breached any of the conditions (except the condition to

notify of change of address or condition not to change education providers)

• your Student visa was automatically cancelled because you breached your conditions relating to

attendance or satisfactory academic performance under section 137J

• your temporary Business visa (including an ETA) was cancelled because the Department of Immigration

was satisfied that you did not have, or ceased to have, the intention to stay in Australia temporarily

• your temporary Tourist / Visitor visa (including an ETA) was cancelled because the Department of

Immigration was satisfied that you did not have, or ceased to have, the intention to stay in Australia

temporarily for tourism or visiting purposes, or

• your visa was cancelled because the Department of Immigration reasonably suspected that the holder

committed an offence under s 232A, s 233, s 233A, s 234 or s 236 of the Migration Act 1958 (eg a

people smuggling type offence, harbouring or fraud).

If your visa is cancelled on any other grounds (except for criminal conduct), and provided you leave Australia

within 28 days of having your visa cancelled, you will not face this exclusion period.

What is a conditional temporary visa?

A conditional temporary visa is a temporary substantive visa which will lead to the grant of a permanent visa if

the relevant conditions or criteria are satisfied. This includes:

• temporary Partner visa

• Prospective Marriage visa.

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Guest smish

I had the same problem, was deported as one of my ABN numbers was wrong for farm work... I got sent back home after trying to re enter the Country after a holiday back home (uk), Immigration pull everyone on 2 nd yr visa when they re enter OZ as they have had so many eff ups in the system...... We had not lived together long enought o apply for defacto so we decided , as we knew we wanted to Marry anyways, to go for Prospective Marriage, we didnt want to risk being refused Defacto and losing the money and have to wait even longer to be together.... however you do then have to pay for a wedding (In Aus) and pay to transfer the visa over when you get hitched ($1000)

Took a year to get everything together and processing, but I am back now. Get married in 3 weeks :)

Processing in London office is atleast 5-6 Months so be prepared . I didnt see my Ozzy boy for a year.. Very hard and testing... But if you love eachother , you get through it. We did :)

x

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H i yodes how did you get on with applying for your visa? im in the same situation as you were, but am nearly at the end of the 3 year ban and started filling in paper work for de facto?

 

thanks


Application received 31/5/13.....Money taken 4/6/13...........CO assigned 14/6/13..... Further evidence required 14/6/13.........Evidence sent 15/6/13........ received medical 10/9/13.......... police checks sent 23/9/13 .................been told to wait now !!!!!

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Hi, how did you go with this? i am in a very similar position with my partner and looking for some advice?

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This is a very old thread and Yodes has not posted for over a year. But looking at his previous posts, it looks as though he successfully applied for a Prospective Marriage visa, returned to Australia, married and had a child. He seemed to have some difficulty with migration agents in the process and ended up sorting it out for himself.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Hi there. It worked at well in the end but took a lot of waiting, stress and a few tears.

 

As we didn't meet the requirements for a partner visa, our only option was to apply for a prospective marriage visa, which we were both happy to do. It took 8 months to approve after the application was logged and then I moved back to australia a month after that.

 

We we then had to get married with 9 months of the visa being granted and then also had to apply for the temporary partner visa which then last 2 years. I'm due to apply for residency in about 3 weeks.

 

its a huge commitment but it was worth it in the end. There are a few different visas you can apply for when you have a 3 year exclusion ban. Worth speaking to a visa company even if you don't want to use one for some advice. The company we used were rubbish in the end and I just applied by myself. They ask for a lot of information, which can be a bit long winded but it doesn't hurt to send too much info.

 

Hope this helps. Good luck

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Yodes how long after u married did u apply for partner visa?

 

I did mine about 6 weeks after getting married. But if you get the prospective marriage visa you have to apply within 9 months of receiving the visa.

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On 4/13/2015 at 13:05, yodes said:

Hi there. It worked at well in the end but took a lot of waiting, stress and a few tears.

 

As we didn't meet the requirements for a partner visa, our only option was to apply for a prospective marriage visa, which we were both happy to do. It took 8 months to approve after the application was logged and then I moved back to australia a month after that.

 

We we then had to get married with 9 months of the visa being granted and then also had to apply for the temporary partner visa which then last 2 years. I'm due to apply for residency in about 3 weeks.

 

its a huge commitment but it was worth it in the end. There are a few different visas you can apply for when you have a 3 year exclusion ban. Worth speaking to a visa company even if you don't want to use one for some advice. The company we used were rubbish in the end and I just applied by myself. They ask for a lot of information, which can be a bit long winded but it doesn't hurt to send too much info.

 

Hope this helps. Good luck

Hi Yodes

Thank you for checking the thread every now and then. 

I'm in the same situation as you were back then, just for different reasons. I'm on the stage where they were asking me for compelling and compassionate reason for them to accept my application and I've sent them about 3 weeks ago.

I believe you had to do the same thing, correct? Once you provided the compelling and compassionate reasons, how long it took them to get back to you? Do you remember? Also, did they ask for anything else other than the normal documents?

Thank you and congrats for getting your PR soon.

Regards.

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