grant student visa within 3 year exclusion period

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grant student visa within 3 year exclusion period


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Old 09-04-2011, 08:31 AM
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grant student visa within 3 year exclusion period

Hi,
I recentely was told by DIAC that I am subject to 3 year exclusion period due to overstay in Australia in my last visa.. I am very confused about that because I was very careful by not overstaying in Australia when I used to live there. Before I left Australia I was told by DIAC that I do not have the 3 year exclusion period and that I can apply for a visa once I am outside Australia. One of the things I wanted to do in Australia was to study so that's what I am trying to do on getting the Student Visa.

I applied for Student Visa, to do a bachelor in Banking & Finance, and I got an email from DIAC saying that I am subject to 3 year exclusion period and the request for the waiver of the exclusion period is currently being assessed. They asked if I completed any courses in Australia or overseas and to send the copies of them.

I got qualified as Electrical Operator/Electrician after 3 years of study in Italy in 2008. At the moment I am working at my brother-in-law's business, I am getting experience in administration, finance management, etc. related on what I want to study.

Do I have a chance on getting waived this 3 year exclusion period?
I really need advices please!

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Old 09-05-2011, 06:41 AM
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Hi,

I'm sorry to hear about your situation. An exclusion period is given to people who overstay their visas for more than 28 days.

There is nothing that says exactly what circumstances you need to have for them to waive the ban, it's a bit vague, they just say you need "exceptional circumstances"..... you will lose your money if your application is rejected, so it's best you get a definate answer before applying.

What were the circumstances of your overstaying? Were your reasons for overstaying compelling? These things might make immigration decide to waive the ban.


Last edited by SarahM; 09-05-2011 at 06:43 AM.

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Old 09-05-2011, 06:59 AM
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Hi Sarah,

Well I used to live for almost 2 years in Melbourne and I didn't know the marriage wouldn't end so I requested for extra time to organise all the stuff I had, before departing Australia. I was not allowed to work and study while I held 2 BVE. Before I left Australia I made sure that I did not have the 3 year exclusion period and it was confirmed by DIAC in Melbourne that I am not affected by PIC 4014 and I wouldn't have trouble applying for another visa once outside Australia.

That's why I applied for the Student Visa in July because I really wanted to study while I used to live in Australia. I applied as Assessment Level 1, 573; and after 1 month I found out that I am affected by PIC 4014, even though I always tried to do the right thing to be lawful in Australia. Anyway the Student Visa application is not refundable and it has not being rejected yet.. and I got an email from DIAC saying: "request for the waiver of the exclusion period is currently being assessed".
And they asked if I completed any courses in Australia or overseas and to send the copies of them. I got qualified as Electrical Operator/Electrician after 3 years of study in Italy in 2008. At the moment I am working at my brother-in-law's business, I am getting experience in administration, finance management, etc. related on what I want to study.

I wonder why are they asking me for my previous studies? Will that help on getting the Student Visa? All I know is that my application has not being rejected and they may waive PIC 4014.


Last edited by Dave87; 09-05-2011 at 07:03 AM.

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Old 09-05-2011, 08:15 AM
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I see, I guess it's up to them now to decide if they'll waive the ban or not.

The reason they ask about your previous studies is to find out whether you really want to study in Australia or if you're looking for any excuse to come back. Don't worry I know you want to study, that's just why they ask those questions. You can imagine it would look strange if someone already had a Masters or Phd and wanted to do a Bachelor degree, or if someone wants to study the same thing all over again.

You should be fine seeing as you are doing a new area of study. I hope the result is a good one

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Old 09-05-2011, 08:42 AM
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Thank you for your advice Sarah!

I hope it all goes well, I have to submit my previous studies until 23 September. I will update you with the outcome.


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Old 09-05-2011, 09:40 AM
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Quote:
Originally Posted by Dave87 View Post
Thank you for your advice Sarah!

I hope it all goes well, I have to submit my previous studies until 23 September. I will update you with the outcome.
Good luck, hopefully it will be good news to tell

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Old 10-14-2011, 09:07 AM
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Quote:
Originally Posted by SarahM View Post
Good luck, hopefully it will be good news to tell

My request for the Exclusion Period to be waived has been approved

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Old 10-14-2011, 10:27 AM
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Congratulations!


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Old 04-18-2012, 02:09 PM
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Hi Dave,

Good to hear that your waiver was successful.
I have incurred the 3 yr exclusion as well and am now almost 2 yrs into it. Want to go back on a tourist visa to visit friends but have no clue as how to apply for that waiver.

Did you write a separate letter requesting the waiver with your application or did u just lodge a normal app and they DIAC contacts you about the waiver?

Thanks,
Van.


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Old 04-18-2012, 02:10 PM
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Hi Dave,

Good to hear that your waiver was successful.
I have incurred the 3 yr exclusion as well and am now almost 2 yrs into it. Want to go back on a tourist visa to visit friends but have no clue as how to apply for that waiver.

Did you write a separate letter requesting the waiver with your application or did u just lodge a normal app and they DIAC contacts you about the waiver?

Thanks,
Van.


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