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Banned, Now Which Visa To Apply For?


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#1 droppedbear

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Posted 07 January 2017 - 05:03 PM

I understand a permanent visa is the only way to gain entry to Australia, while having a 3 year ban.

 

That being said, which is generally the safer/easier way to get in - partner or employer sponsored? I have the option to do either, as well as an barrister working for me. I am coming from the US. 




#2 Jason8829

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Posted 07 January 2017 - 05:14 PM

Partner is the way to go for. As long as it is a genuine partner visa, their isn't anybody stopping you from getting a partner visa, whereas sponsor there are still chances for refusal I would say.


#3 droppedbear

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Posted 07 January 2017 - 05:16 PM

Thank you!  My partner is coming over here soon for a bit - we will likely make things official stateside then and file. I just want to get back "home"! 




#4 Jason8829

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Posted 07 January 2017 - 05:20 PM

Don't lose you hope buddy, shit happpens sometimes,

And anyhow your offshore partner visa takes only 5 months, if your u are in relationship for more than 3 years you will get the direct subclass 100 permanent instead of 309 provisional partner.

So good things are on their way towards you

Just enjoy meanwhile in US.

GOOD LUCK


#5 droppedbear

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Posted 07 January 2017 - 05:22 PM

Thank you so much - this situation was such a shock and has been a total nightmare. We havent been together 3 years yet, but we're just speeding up the engagement and marriage we've been talking about doing for a bit now ... shit happens, yeah?

 

Thanks so much, again. 




#6 Jason8829

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Posted 07 January 2017 - 05:25 PM

Don't worry it happen
I haven been in quiet similar lol


#7 Aussie_83

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Posted 07 January 2017 - 10:07 PM

Don't get married just for the sake of a visa, if you think it is strong enough for a partner visa then apply as a defacto.
Also no need to start multiple threads.
When you say high risk what country?
Basic answer is yes but others take 2 years. No way to predict.
As you have a ban for whatever reason you're file will obviously be under heavy scrutiny.


#8 droppedbear

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Posted 08 January 2017 - 06:31 AM

Don't get married just for the sake of a visa, if you think it is strong enough for a partner visa then apply as a defacto.
Also no need to start multiple threads.
When you say high risk what country?
Basic answer is yes but others take 2 years. No way to predict.
As you have a ban for whatever reason you're file will obviously be under heavy scrutiny.

Thanks! Unfortunately, we believe we'd have a much stronger case if we sped up things and got married here in the states before filing - our barrister agrees with this. It also opens a possibility for my partner to remain in the states with me while the visa application is being reviewed - so we wouldn't have to be apart for months. We're both too old and too in love for that!

 

In looking on the timing on the website, because im from the states, it's considerded "low risk", as opposed to countries who arent on the visa waiver. I suppose non-english speaking countries may have a harder time?

 

I just want to make whichever application is placed completely iron clad. I am in a real deal, loving relationship with my partner, and I have a high-paying job offer waiting for me as soon as I can get back to Australia. Thank you for your insight! I think, ultimately, i'm just still in shock of everything that happened that led to my ban!




#9 Aussie_83

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Posted 08 January 2017 - 09:05 AM

In terms of the Australian side of things it's no different, as still require to prove the same requirements. And giving the amount of people that did fake marriages for visas it's just an additional piece of paper.
Just checking is your barrister a barrister in Australian migration law?
If not then they aren't qualified to advise you on Australian migration


#10 droppedbear

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Posted 08 January 2017 - 09:13 AM

In terms of the Australian side of things it's no different, as still require to prove the same requirements. And giving the amount of people that did fake marriages for visas it's just an additional piece of paper.
Just checking is your barrister a barrister in Australian migration law?
If not then they aren't qualified to advise you on Australian migration

Yes, our barrister specializes, and is the director of his own migration law firm. He's not cheap, but his track record is very, very good. 


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#11 Aussie_83

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Posted 08 January 2017 - 12:41 PM

Good stuff. You tend to see a lot of people jump in here talking about their agent or lawyer and the only part they have to do with immigration is a chance to rort someone.
Good to see someone who has done their research!
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#12 droppedbear

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Posted 08 January 2017 - 12:43 PM

Good stuff. You tend to see a lot of people jump in here talking about their agent or lawyer and the only part they have to do with immigration is a chance to rort someone.
Good to see someone who has done their research!

Thank you, but even with that, it's incredibly stressful and overwhelming! I am here to hopefully connect with people who have gone through it themselves, and get some personal advice and guidance - although, i'm likely right in my assumption that once most members here get what they need, they're not around much 




#13 OzRob

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Posted 08 January 2017 - 05:23 PM

Thanks! Unfortunately, we believe we'd have a much stronger case if we sped up things and got married here in the states before filing - our barrister agrees with this.

Have you discussed with him/her the possibility of a prospective marriage visa? I think this is a good route as the requirements for evidence for the relationship is a lot less stringent. I believe all you need to do is prove that you have met in person and intend to get married. I don't know if you can get one while being banned though.




#14 droppedbear

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Posted 08 January 2017 - 05:26 PM

Have you discussed with him/her the possibility of a prospective marriage visa? I think this is a good route as the requirements for evidence for the relationship is a lot less stringent. I believe all you need to do is prove that you have met in person and intend to get married. I don't know if you can get one while being banned though.

We have, unfortunately, I am not eligible for any temporary visas for three years. My partner and I also want to marry in New York. I do have the option of filing an appeal of my ban (due to discrepancies in reports and how the case was handled, i'd have a strong case), however, the time and cost of that would come close to the same as a permanent visa - which is what I ultimately want.




#15 AussieDude

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Posted 23 January 2017 - 07:29 PM

A factor which must be considered is the grounds for which the Ban was applied.  A ban for Overstay is a very different case to a Ban for a sex crime conviction whilst in Australia.

 

A ban means you cant apply for most visa's for a period of 3 years.

 

It does not mean you will get a visa in 3 years.

 

When you can apply, the circumstances of the previous ban are taken into consideration

 

If you want to IM me with more details of the Ban circumstances I may be able to advise further.


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#16 traumatized by IMMI

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Posted 08 May 2017 - 12:21 PM

Hi guys,

 

I came across this post because I need some help. I after being with my partner for almost 4 years I got my visa refused and a re-entry 3 year ban. I left the country and applied for the PMV, because we got engaged before we even knew about the visa decision and because it seems to be processed "quicker" than the partner visa.

Immi has contacted me asking me for compelling and compassionate reasons to accept my new application, as I was banned for 3 years. Anyway, I've been researching a lot and haven't been able to come up with a lot of reasons. Anyone with a successful case that could help?

 

Thanks.




#17 traumatized by IMMI

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Posted 08 May 2017 - 12:22 PM

I understand a permanent visa is the only way to gain entry to Australia, while having a 3 year ban.

 

That being said, which is generally the safer/easier way to get in - partner or employer sponsored? I have the option to do either, as well as an barrister working for me. I am coming from the US. 

Have you applied for the visa yet? Have you heard from immi if you have applied?

Thank you.




#18 droppedbear

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Posted 08 May 2017 - 09:39 PM

Have you applied for the visa yet? Have you heard from immi if you have applied?
Thank you.


Hello! We have not, as per our lawyer. We did, however, get married and we are together in the states and have filed for a green card for my partner here. When our barrister tells us to (it's recommended to wait a bit, gather more proof with a ban, rather than filing immediately after a ban) we will file for a partner visa. I hate that the processing times keep increasing!

Do you have a migration agent working for you in Australia? They will be able to tell you exactly what to send. I know ours mentioned writing a letter of apology of sorts to include with the application for the ban. Between that + relationship proof, he's not worried about any issues with the application.

Good luck!


#19 traumatized by IMMI

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Posted 09 May 2017 - 03:33 AM

Hello! We have not, as per our lawyer. We did, however, get married and we are together in the states and have filed for a green card for my partner here. When our barrister tells us to (it's recommended to wait a bit, gather more proof with a ban, rather than filing immediately after a ban) we will file for a partner visa. I hate that the processing times keep increasing!

Do you have a migration agent working for you in Australia? They will be able to tell you exactly what to send. I know ours mentioned writing a letter of apology of sorts to include with the application for the ban. Between that + relationship proof, he's not worried about any issues with the application.

Good luck!

Hey there,

 

Yes, I do have a solicitor helping us in Sydney. My fiance is in Sydney still and we have been together for 4 years, I have sent the letter apologizing and everything along with my application, but they didn't really care. They are asking me to show compelling and compassionate reasons for them to even accept my application. It's ridiculous. Anyway, good luck with your application and don't be surprised if they ask you to, as they are making harder and harder to migrate to Australia.

 

Thanks for replying.

 

Thanks.




#20 droppedbear

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Posted 09 May 2017 - 03:54 AM

Gosh, this makes me nervous! 

 

My partner and I were lucky, in the sense that he was in the position to drop everything and rush to be with me here in the States - so we could navigate everything together. 

 

I know our agent recommended gathering financial information to prove our case - I make a lot more than my partner, and in a field thats needed in Australia - to show that I would be the main earner in our family. On the paperwork you received upon removal (ugh, im still anxious regarding everything that happened, as i know you are!) it should state the level of consideration they took into circumstances that led to your visa cancellation. Maybe find the ones that held the most weight to them at the time, and focus on those issues? Could be worth looking into/discussing with your agent.

 

Good luck - it's such a shit situation to be in and I sympathize with you so much!

 

Hey there,

 

Yes, I do have a solicitor helping us in Sydney. My fiance is in Sydney still and we have been together for 4 years, I have sent the letter apologizing and everything along with my application, but they didn't really care. They are asking me to show compelling and compassionate reasons for them to even accept my application. It's ridiculous. Anyway, good luck with your application and don't be surprised if they ask you to, as they are making harder and harder to migrate to Australia.

 

Thanks for replying.

 

Thanks.







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