Banned, Now Which Visa To Apply For?

[droppedbear 1]

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. 

[Jason8829 15]

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.

[droppedbear 1]

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"! 

[Jason8829 15]

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

[droppedbear 1]

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. 

[Jason8829 15]

Don't worry it happen

I haven been in quiet similar lol

[Aussie_83 174]

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.

[droppedbear 1]

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!

[Aussie_83 174]

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

[droppedbear 1]

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. 

[Aussie_83 174]

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!

[droppedbear 1]

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 

[OzRob 3]

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.

[droppedbear 1]

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.

[AussieDude 165]

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.

[traumatized by IMMI 1]

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.

[traumatized by IMMI 1]

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.

[droppedbear 1]

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!

[traumatized by IMMI 1]

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.

[droppedbear 1]

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.

[traumatized by IMMI 1]

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!

 

I completely understand you. I'm nervous and anxious. I'm glad you have you husband next to you. It helps. I have my life kind of on pause atm, it sucks... 

 

My visa wasn't cancelled, was refused. I made a mistake on my forms and they believe I tried to deceive the Department. So we appealed the decision to try and explain but they didn't find our reasons good enough to over turn the decision and I got refused again. 

There are only a few things the immigration take into consideration to waive the ban:

‘Compelling and Compassionate Circumstances’

 

1.     A minor child who is an Australian citizen

2.     Illness of an Australian citizen (where the illness is debilitating, permanent and requiring ongoing care)

3.     Where it is not possible to live in the Applicant’s home country

4.     Nature and extent of the fraud – the number and extent of the fraud  

 

I have to work on things that are going to affect my fiance - who's Aussie - for them to accept my application not on why they refused me.

 

What happened to your visa? It got cancelled?

 

Thanks.

[droppedbear 1]

I completely understand you. I'm nervous and anxious. I'm glad you have you husband next to you. It helps. I have my life kind of on pause atm, it sucks... 

 

My visa wasn't cancelled, was refused. I made a mistake on my forms and they believe I tried to deceive the Department. So we appealed the decision to try and explain but they didn't find our reasons good enough to over turn the decision and I got refused again. 

There are only a few things the immigration take into consideration to waive the ban:

‘Compelling and Compassionate Circumstances’

 

1.     A minor child who is an Australian citizen

2.     Illness of an Australian citizen (where the illness is debilitating, permanent and requiring ongoing care)

3.     Where it is not possible to live in the Applicant’s home country

4.     Nature and extent of the fraud – the number and extent of the fraud  

 

I have to work on things that are going to affect my fiance - who's Aussie - for them to accept my application not on why they refused me.

 

What happened to your visa? It got cancelled?

 

Thanks.

What a mess! From what my barrister/agent told me, it all really depends on the mood of the agent at border control upon arrival. They can do whatever they want, essentially, and Immi will back them up. My visa was cancelled upon arrival, and I was removed, due to "working" while in Australia. I am a freelance consultant and and one of my clients was Australian. All my income was claimed and taken through the US, which is 100% legal. Until border patrol decided/invented I was working solely in Australia after going through my phone. It was quite a shock and a mess, especially as their dates of entry/exit contradicted itself.

 

It was most important for my partner and I to remain together, so we've both made the sacrifces to come back here and work on some semblance of a life until we get approved to go back to Australia. We've filed for a green card, to keep him here in the States, but will likley withdraw upon Australian approval (if it happens). From what we've been told, our compelling circumstances are that my husband is an only child, his mother is a pensioner, and he worked a government job for 7+ years that he has left to be here with me. We'll see ... from navigating both the US and Australian immi process, Australians seem much more emotional about it (wanting more details, relationship proof) whereas the States seems logical (lease, bank statements, technical things).

[Lucybrazil 2]

Hi there,

 

I´m looking for some help here. I was living in Aus and I had a visa refused in there because my terrible agent did not answer to a case officer request and when I found out that it was too late, the visa was already refused because the case officer understood that I was not interested in keeping the process going. So after that my only chance to stay was applying for a partner visa  with my de facto, so I did. But unfortunately my relationship broke up and I withdrawn my partner visa application and left the country as I was asked to do by the immigration department. Now, I've got married and I am leaving with my Australian partner (not the same one) in Canada. We want to go back to Australia and for that I gonna apply for a partner visa again, but I still have the 3 years ban from my visa refusal, saying that my first question is: Do I need to make a statement explaining about my visa refusal and send it together with my partner application? Secondly, Will have my first partner visa application withdrawn any impact on my new partner application?

  

thanks guys,

[Aussie_83 174]

partner visas aren't subject to the 3 year ban. no direct impact but they might look at the application closer.

[traumatized by IMMI 1]

partner visas aren't subject to the 3 year ban. no direct impact but they might look at the application closer.

Yes they are. I had my partner visa refused after having a ban. I’ve been with my partner for nearly 5 years. I had my partner visa refused back in 2016 due to immigration thinking I presented a “bogus” document and they refused and banned me for 3 years. So everyone kept on telling me the ban didn’t apply for the partner visa and even thou I’ve been with my partner for years I left the country and applied overseas and they refused my visa again, saying I didn’t have enough compelling and compassionate reasons to be applying before the ban. So now my fiancé had to sell everything we owed, had to rehome our cats and leave Australia to be with me until the ban is over and I can reapply, so it’s safe to say that the ban doesn’t apply for the partner visa is wrong.