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Banned, Now Which Visa To Apply For?


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#21 traumatized by IMMI

traumatized by IMMI

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Posted 09 May 2017 - 04:06 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!

 

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.




#22 droppedbear

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Posted 09 May 2017 - 04:13 AM

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).







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