Can my 3 yr ban be waived as a 2nd applicant?

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Can my 3 yr ban be waived as a 2nd applicant?


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Old 08-04-2011, 01:32 PM
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Can my 3 yr ban be waived as a 2nd applicant?

I have a three yr ban from Jan 2010. I was refused entry for a 2nd yr whv due to lying about the seasonal work requirment on my application.

My girlfriend was in Oz on a 457 and left to be with me.

We now want to re apply and my girlfriend has been sucessful in an interview for a nursing job in Oz. She would put me as 2nd applicant, de facto. We have all relationship evidence as have been together for 3 yrs.

We contacted the DIAC who mailed us saying that we can apply for my ban to be waived.

Just wondering if anyone thinks this is possible? And can we just apply for the 457 with a request for a waiver for me or do we have to go to a tribunal?

Any help, without judgement, would be appreciated. I know I did a stupid thing..


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Old 08-04-2011, 01:49 PM
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Hi Sam,

I have heard of people applying for a waiver of the 3 year ban, but after searching extensively I haven't found a specific form/application to fill out. So far I'd assume that you would attach a cover letter with the visa application requesting the waiver.

I'll keep looking for now...but I'm very sure you wouldn't have to go through the migration tribunal, that's something different completely.


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Old 08-04-2011, 01:56 PM
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Hi Sarah,

Yeah that's what I'm hoping, that we can attach a letter to our application..The e mail from DIAC said that 'If you are making an application for a temporary visa, you will need to include a request for an exclusion period waiver' and that we can't request a waiver until we have 'an active visa in place'. So I'm guessing we have to apply for the 457 first then wait for a case officer.

It's just when you read all these forums it seems more complicated when people talk about tribunals and lawyers!!


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Old 08-04-2011, 02:03 PM
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Going from that email I think it would be good to apply for the visa, and then as soon as you receive the confirmation that they received the application, send the letter requesting the waiver. That's how I understand the email, but don't take my word for it.

Yes, I can understand your worry. You often see on lawyers sites the clients they represented with things like "the client had applied for X visa and was refused....3 months later they re-applied and with our assistance the X ban was waived and the X visa was granted....happy ending". I don't know if cases like these need a lawyer, I always though it's only when you have very complicated situations that lawyers get involved.

Maybe you should try and find some professional advice, just advice not actually someone to represent you, I hope your situation can be sorted out easily


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