[mikemain4]

Hi all,

I have a 3 year ban for overstaying last year. After renewing my passport this summer, I received a new passport with a new number.

From a pure technical standpoint, will they be able to tie my old passport to the new one, and as a result, deny my ETA if I applied again with the new passport?

 

[tijanaoc]

I'm not an expert on this, but I think it's possible the ETA would be granted, however if you tried to actually enter the country on said ETA it would more than likely get picked up at the border and your 3 year ban will be restarted again, from the date you attempt to enter.

I saw an episode of Border Security Australia recently where someone from Korea who had a 3 year ban changed his name and got a new passport in his new name (therefore passport number and name were both different), tried to enter and got stopped at the border because they picked up he was trying to get around the 3 year ban. He had his visa cancelled and sent back to Korea.

 

[mikemain4]

I'm not an expert on this, but I think it's possible the ETA would be granted, however if you tried to actually enter the country on said ETA it would more than likely get picked up at the border and your 3 year ban will be restarted again, from the date you attempt to enter.

I saw an episode of Border Security Australia recently where someone from Korea who had a 3 year ban changed his name and got a new passport in his new name (therefore passport number and name were both different), tried to enter and got stopped at the border because they picked up he was trying to get around the 3 year ban. He had his visa cancelled and sent back to Korea.

Thanks for the response. This is actually very interesting. I wonder how they found that out, but it's probably likely that they verified the passport holder's history with the Korean authorities maybe?

Do you happen to know where I can find that video of said episode?

 

[CCMS]

Hi all,

I have a 3 year ban for overstaying last year. After renewing my passport this summer, I received a new passport with a new number.

From a pure technical standpoint, will they be able to tie my old passport to the new one, and as a result, deny my ETA if I applied again with the new passport?

Don't even think about it. They can now pick up people with fake driving licences and the like through facial recognition.

 

[Savage_Flame]

I am definitely no expert on this subject, but this seems incredibly risky and the outcome of success very dim.

Border and immigration have advanced technology to pick up stuff like this, and linking an old passport to a new one would be electronically very simple, and a walk in the park for them.

 

[wrussell]

Not all visa applications are affected by such bans.
Note the previous advice!

 

[mikemain4]

Not all visa applications are affected by such bans.
Note the previous advice!

Oh I didn't know that. So since this was a visa via ETA, it's a subclass 601 visa. Does that mean that the 3 year ban doesn't apply to the subclass 600 visa?

 

[hisbooboo]

Pretty sure the only visas that the 3 year ban is not affected by is partner visas.

 

[tijanaoc]

Thanks for the response. This is actually very interesting. I wonder how they found that out, but it's probably likely that they verified the passport holder's history with the Korean authorities maybe?

Do you happen to know where I can find that video of said episode?

They actually had a photo of him that they showed to him and said "is this you?" Which he initially tried to deny. So facial recognition seems plausible. If you have Netflix it is episode 17 (there's only one season there at the moment) - and he was actually Malaysian not Korean. As everyone else said - it's extremely risky and I wouldn't even be considering it if I were you.

 

[tijanaoc]

Yes, partner visa is the only one that I know of that would qualify to have 3 year ban waived.

 

[CCMS]

Pretty sure the only visas that the 3 year ban is not affected by is partner visas.

The 3 year exclusion period typically applies to temporary visas, but not to partner and skilled visas. You'd have to check each individual visa subclass to see which schedule 3,4 and 5 criteria will apply.

The ETA is subject to PIC 4013,4014 and 4020 amongst others.

Trying to circumvent the exclusion period by using a different passport would be a deliberate attempt at deception.

If an exclusion period applies would depend on the circumstances at time of departure.

 

[Ramah]

According to this source, they're introducing a new 10 year ban for providing false information : New rules to impose 10-year visa ban for providing false information | SBS Your Language

I'm not sure whether it would apply but withholding the fact that you're subject to a 3 year exclusion period might be classed as providing false information.

If it does apply then you might make things much worse for yourself by trying your luck with the new passport.

 

[CCMS]

According to this source, they're introducing a new 10 year ban for providing false information : New rules to impose 10-year visa ban for providing false information | SBS Your Language

I'm not sure whether it would apply but withholding the fact that you're subject to a 3 year exclusion period might be classed as providing false information.

If it does apply then you might make things much worse for yourself by trying your luck with the new passport.

The new PIC 4020 (bogus documents/information) came into force on 18 November 2017. It will even capture information provided on passenger cards going back 10 years.

Not sure what questions currently are asked on the ETA online form, but your standard tourist visa application form does ask about previous visas, overstaying and travel to Australia.

A I mentioned before, facial recognition technology and cross matching between departments and agencies is producing some pretty scary results. Big brother IS watching.

 

[Son]

Yes, partner visa is the only one that I know of that would qualify to have 3 year ban waived.

What about PR? Can you enter Australia when your PR is granted while you have 3-year ban?

 

[tijanaoc]

Yes. See CCMS' reply above ^^^

 

[CCMS]

What about PR? Can you enter Australia when your PR is granted while you have 3-year ban?

"PR" is not just one visa, but could be any of many different visas. Different criteria apply to different visas. As I said before, you'd have to check the relevant visa sub-class to see which public interest and special return criteria apply.

 

[wrussell]

Big brother IS watching.

I certainly am!

 

[SoItGoes]

If one willing to change name to get a new passport to enter OZ, what else he/she wouldn't be capable of?

Does OZ really need such people?