Australia Forum banner
Status
Not open for further replies.
1 - 20 of 40 Posts

·
Registered
Joined
·
4 Posts
Discussion Starter · #1 ·
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!
 

·
Registered
Joined
·
1,145 Posts
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.
 

·
Registered
Joined
·
4 Posts
Discussion Starter · #3 · (Edited)
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.
 

·
Registered
Joined
·
1,145 Posts
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 :eek:
 

·
Registered
Joined
·
2 Posts
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.
 

·
Registered
Joined
·
2 Posts
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.
 

·
Registered
Joined
·
50 Posts
Well done indeed, I've heard of several students who've had the same issue, and had waivers granted. I got this from another forum, just in case it's of any help to others.

"The right avenure for appeal is to the Immigration Minister (in Australia). You need to compile your appeal in writing and have it processed through the High Commission. Make sure you advise the staff there it is an Appeal to the Minister."

Good luck with your studies.
 

·
Registered
Joined
·
3 Posts
Hi Steevg,

I have the same issue, but I just left Australia and currently in offshore and trying to get the wavier and apply for a new student visa. Please advise what steps that I need to do. Do I need to appeal to the Minister?

Thank you very much.
 

·
Registered
Joined
·
50 Posts
Hi Maggie,

I've not had experience of this, so I;m unclear at this stage as to the actual steps you need to take, but this is most certainly the route I'd be taking if you need to appeal.

It seems there are several others on these forums who have been successful by appealing to the Minister.

Good luck.
 

·
Registered
Joined
·
3 Posts
Appeal to the Minister regarding to student visa within 3 year exclusion period

Hi Steegv,

Would you please forward the link from the other forum that you were refered to regarding to this issue. I need more information.
Thank you for your help.

Maggie

QUOTE=steevg;63406]Well done indeed, I've heard of several students who've had the same issue, and had waivers granted. I got this from another forum, just in case it's of any help to others.

"The right avenure for appeal is to the Immigration Minister (in Australia). You need to compile your appeal in writing and have it processed through the High Commission. Make sure you advise the staff there it is an Appeal to the Minister."

Good luck with your studies.[/QUOTE]
 

·
Registered
Joined
·
3 Posts
3 year excusion period

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.
Hi Pen cheng,
I am currently overseas as a result of withdrawal of 835 onshore application. I was a secondary applicant in that application. Because we divorce, I withdraw my application on 5April 2013 while I was in australia and Case officer sent an e meil to my MARA agent on 8 April 2013 notifying me to leave Australia within 28 days.Unfortunately my MARA agent forgot to frward that e mail and he forwarded me on 13 may 2013. I went to immigration on 14 may 2013 and explain my situation. They have granted me Bridging visa E untill 29 may 2013 and I left Australia on 25 May 2013.
Now I am planning to apply for 457 from overseas, I would like to know whether I am affected by 3 year excusion period or not?
Thanks in Advance
Regards
Dhamal
 

·
Registered
Joined
·
9 Posts
I am applying student visa from Pakistan. I previously came from Australia after studies and passed all .but now when I applied for further higher studies, my case is somehow coming under the clause 4014 Public interest criteria, and the 3 years period before grant. IF somehow I still want the visa, I need to provide compelling circumstances affecting interests of Australia OR compelling or compassionate circumstances affecting the interests of an Australian citizen, permanent resident etc.
Please help me as to what compelling circumstances should I mention. ?
Please reply soon......
And also clause 4014 is imposed if you overstay the 28 days period without a visa, BUT I have the bridging visa for those 28 days that they are missing. I am confused as whether to provide the compelling circumstances OR the bridging visa copy if I failed to send it the first time OR BOTH. Please Advise, HELP................ (but still they must have all the info. about the bridging visa in their database ???
 

·
Premium Member
Joined
·
8,885 Posts
Was it a Bridging Visa E? If you were on a BVE, that's what they give you when you are in the country illegally but planning on leaving or applying for another type of visa. If you leave the country while on a BVE, the three-year ban is automatic. Unless you have an Australian partner or child already (and I imagine you would have mentioned that), you're highly unlikely to qualify as having compelling or compassionate circumstances. You may want to talk to a professional migration agent just to make sure.
 

·
Registered
Joined
·
9 Posts
According to the information I have gained from websites and from the document from immigration, the 4014 - 3 years ban is imposed if you do not apply for another visa or any bridging visa whether E within 28 days of your original visa cease date. But they have missed a document because I have all the BVE's. I obtained 3 because I couldn't make the departing arrangements
 

·
Registered
Joined
·
9 Posts
Was it a Bridging Visa E? If you were on a BVE, that's what they give you when you are in the country illegally but planning on leaving or applying for another type of visa. If you leave the country while on a BVE, the three-year ban is automatic. Unless you have an Australian partner or child already (and I imagine you would have mentioned that), you're highly unlikely to qualify as having compelling or compassionate circumstances. You may want to talk to a professional migration agent just to make sure.
According to the information I have gained from websites and from the document from immigration, the 4014 - 3 years ban is imposed if you do not apply for another visa or any bridging visa whether E within 28 days of your original visa cease date. But they have missed a document because I have all the BVE's. I obtained 3 because I couldn't make the departing arrangements
 
1 - 20 of 40 Posts
Status
Not open for further replies.
Top