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Hi all,

I currently have the 3 year ban from reentering Australia (story below) and would like to seek advise on my next steps and likelihood of obtaining a waiver for the ban. I am currently back home in Singapore but would like to go back to Australia.

I initially went to Brisbane in 2014 to do a degree in Arts, lasting for 3 years. My visa had an expiry date of March 2017. However, after completing my first year of university, I changed my program into a 4 years program, but failed to extend my visa for that extra academic year. It happened 3 years ago and I have no idea why I didn't extend my visa but it's too late to do anything about it and I understand that it's my fault regardless.

I only realised the problem after I graduated (December 2017) when I was trying to apply for a graduate visa to work for a year before pursuing my Masters in the same university. Upon realisation I voluntarily went down to the immigration office, who gave me 2 weeks to leave Australia. I left Australia on 18th December 2017 and have been home since.

During my 4 years in Australia I haven't worked at all and have been concentrating on my studies, of which I obtained first class honours. I've also been financially capable and have not relied on any form of government support for school fees and living expenses. I've volunteered in the uni's sports club as an executive member (organising events, conducting trainings etc.), and represented the uni in several competitions such as Northern and Australian Unigames. I've taken part in a combined internship program between my uni and a big firm (one of the big 4) and have received good feedback for it (of which I've also asked my supervisor, who happens to be the director for the Masters program I will be applying for, to write a referee letter). He has also said in his email that they would be happy to have me in the program. Lastly, I have a girlfriend who is also an international student in Australia.

My main reason for posting this is because I'm at a lost for what to do. I've always planned to take my Masters in Australia, partly because it's not provided in Singapore, but mainly because I plan to forge a career and settle down in Australia upon finishing my Masters. Also, because I'm a psychology major, in order to apply for a Permanent Residence Visa, I would be required to be a registered psychologist (i.e., completed Masters) to pass the skilled assessments test, which I'm unable to do in my home country.

I read somewhere that in order to help my case I have to show that I contributed to the Australian society. However as a fresh grad, I haven't had any chance to contribute to the society, and that all there is to show for during my 4 years there was the intention to contribute, rather than actual contribution.

I'm considering applying for a visitor's visa so I'll still be able to go back when I can to visit, even though I won't be able to work while on that visa. Would the likelihood of getting a waiver for the ban be high given my situation?

Also, I may be paranoid but the reason I waited a month before posting and asking for help was because I initially planned to just wait till it's time for the Masters program interview (roughly October 2018) before applying, as I didn't want to risk not being able to obtain a visa now, and have it jeopardise my chances of obtaining a student visa in future. Would it matter?

Lastly, assuming I do apply for it, would I require legal help? And if so, would anyone be able to direct me on the next steps to take?

I will be checking this post regularly and replying to everyone asap, so I do appreciate all the help I can get. Shoot me any questions you might have and I will answer it as best as I can.

Thank you.
 

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Student visas and other temporary visas are subject to Public Interest Criteria 4013 and 4014.

A waiver may be granted, if you can convince the Minister that, in your particular case, there are:

(i) compelling circumstances that affect the interests of Australia; or

(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

that justify the granting of the visa within 3 years after your last departure.

These criteria do not apply to permanent visas, like partner visas.

Note that both temporary and permanent visas are also subject to Special Return Criteria 5001 which deals with people who have been deported or Special Return Criteria 5002, which deals with people who have been removed from Australia and carries a one year exclusion period.
 

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I don’t have much knowledge, but I went through the 3 years ban myself.
If you want my personal advice, do not apply for tourist visa. The chances of having a tourist visa granted is slim to none. They KNOW that your goal isn’t tourism. Your future plans are irrelevent. None of them are considered “regular tourist activities”.Besides you are automatically labelled as (not a genuine temporary entrant) regardless.


The visa refusal will impact your next visa applications because you will have to declare it every time you apply. You will have to declare this visa refusal in any visa application of any country from that point on.
You’ll have to declare it in univerity forms also.

My advice is to focus on your student visa because you have a better chance having the ban waived for it. You may want to take a course/internship in your home country before applying for a student visa. If you search these forums you’ll find a few who succeeded taking this route.

Lastly find a good migration agent and have them prepare your student visa application file.

Good luck
 
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