Banned, Now Which Visa To Apply For?

[traumatized by IMMI 1]

Yes, when you apply you need to present compelling and compassionate reasons of why they should overlook and lift your ban. If they accept they will give you a visa. In my case, even thou I presented reasons that in fact affected an Australian business and an Australian citizen, they decided wasn’t good enough and after leaving me to wait 8 months they refused my visa once again.

 

I hope you have a different outcome. Good luck.

[Aussie_83 194]

very interesting, sorry for giving potentially wrong info. I was basing from what reputable Mara agents have posted on another forum. I know there are different classifications of bans so that could be the difference.

they were specifically answering a question in relation to ban after an overstay, and for the sake of clarity the person had left the country and was applying offshore.

 

as mentioned above though best to be on the front foot.

[Aussie_83 194]

and probably best to have a consult with a reputable Mara agent for clarification.

[traumatized by IMMI 1]

Yes. Definitely find an agent. I had a very good immi lawyer and we did everything we could and still didn’t work.

 

Just thought would be good to share what happened to me, cause immi treated my application like any other, they asked me all normal documents and in the end told me my visa was being refused due to the ban. I can’t even describe how I felt, cause all these blogs and my lawyer, they all told me the ban didn’t apply for a parter visa, especially such a long term relationship. Worse experience of my life...

[Lucybrazil 2]

Thank you very much for your feedback, that is exactly what I've been told by immigration agents that the ban does not apply for partner visas and that's why I decided to post it here, because I want to find someone in the same case that it did applied. I think if they have any excuse to refuse a visa they will do it and I have a ban and also a visa withdrawn in my history what makes me a bit worried. Now I know it is possible, so I will definitely speak to a good immigration agent to see if in my case is worth to try it now or wait a bit longer.

 

Thanks guys for your answers

[traumatized by IMMI 1]

Yes, definitely go and see a good agent as my case where they consider I presented a bogus document falls into a different pic criteria than yours, but it is possible getting your visa refused if you have a ban. I found out the worst way and even my lawyer told me the ban wouldn’t apply but it did...

 

Hope everything works out for you.

[Lucybrazil 2]

I am so sorry about what you have been trough, I definitely know how devastating this visa process can be. I believe the criteria to analyse my case would be different but we never know.

Thank so much to share your experience with me 

[NehaSharma20 0]

Hi,

 

 

Ban for three years is bad news.. You must wait for 6 to 8 months before applying for Australia PR after refusal. Know the reason for refusal and resubmit the form. 

 

 

As you are ban for 3 years and if you are planning you have good chances to go with Partner Visa if your partner is holding PR of Australia. Still, their are chances of rejection if you go for sponsorship from Australia. 

[AussieDude 174]

 

Hi,

 

 

Ban for three years is bad news.. You must wait for 6 to 8 months before applying for Australia PR after refusal. Know the reason for refusal and resubmit the form. 

 

 

As you are ban for 3 years and if you are planning you have good chances to go with Partner Visa if your partner is holding PR of Australia. Still, their are chances of rejection if you go for sponsorship from Australia. 

 

Neha, 

 

Where did you get the information "You must wait for 6 to 8 months before applying for Australia PR after refusal.   "

[NehaSharma20 0]

We are not fake like you 

[droppedbear 1]

Ummmm, what?

 

We are not fake like you 

[AussieDude 174]

We are not fake like you 

 

Neha, 

 

It was a simple question, no need for insults.

[AussieDude 174]

We are not fake like you 

 

What do you mean by that? I don't understand your poor use of English.

[Caro 0]

Hi there, 

I’m really happy that I found this forum. I tried to find information on the internet which was impossible so far. So I’m really hoping someone can help me here with my case.

I was 2016 in Australia on a student visa. When I decided I want to leave the country I told my college and signed the official document which says that the college will inform the DIBP about my withdrawal. Anyway after leaving Australia in October 2016 I started a new job in Germany. In July 2017 I received an email from the DIBP with the subject “Notification of cancellation student visa”. I did not read the email any further cause I was assuming that is the final document that just shows that I cancelled my visa. Maybe that was a little bit naive but I never did anything wrong so I didn’t expect anything bad. Roughly six months later I applied for a tourist visa without knowing anything about the ban. After almost 2 weeks I found about the ban and was totally surprised. But because I already booked a flight to Australia to see my boyfriend and friends I needed that tourist visa. So I gathered together all legal documents and others (German work contract, flight tickets etc.) that could proof that I didn’t do anything wrong. I even had an email from the college where they admitted that they forgot to report me. But the DIBP still didn’t consider my documents and denied the tourist visa. 

That’s how we ended up in New Zealand now. We would like to apply for a partner visa soon. I’m worried that the three year ban could become a problem for the the partner visa in New Zealand as well in Australia. We haven’t really decided where we would like to live yet...

More importantly I would like to know if there is any possibility to appeal a case like this where a ban is in place without haven’t done anything wrong at all. Would just be nice to have a clean record. 

Also I would like to know if I could appeal it by myself or if I need a solicitor. 

 

I really appreciate any advise. Thanks a lot in advance!

[AussieDude 174]

Formal appeal windows has closed for you, but a qualified immigration law solicitor could make a 'case for review'.  You would not be able to do this yourself.

However, usually, 3 year bans do not adversely affect PV's.

 

Apply for the PV, and see what IMMI throws back would be my suggestion. Or get your PV sponsor to contact IMMI and ask. You will need to provide permission before hand.