3 year exclusion period!

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3 year exclusion period!


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Old 08-26-2013, 03:54 PM
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3 year exclusion period!

Hi,
I went to Australia in 2010 under working holiday to work as an architect for a company. After 6 months, they sponsored me under 442, saying it could lead to a 457 employed visa. However, I decided to leave the company in Nov 2011 as they were making cuts, and decided to go onto my partner's defacto visa. I lodged the application for defacto visa on the 1st of Feb (having been in contact with immigration department throughout this) and on the 22nd of Feb, I recieved an email saying that my previous visa was cancelled. In the letter it stated I had not breached any visa conditions, however it was being cancelled as I was no longer with the company. However, it did not state anything about a 3 year exclusion period. And it all made sense to me at the time.
In May 2013, i decided to come visit my father, he was very ill and since i was still on bridging visa e, had to withdraw my application for the fear of unforeseen circumstances if my father didnt get well. I had on numerous occasions, throughout the year and half of a bridging visa, been in constant contact with the department, and 4 days before leaving, had gone to let them know that I have a new british passport to link my application to. When I heard news of my father, i went to inform them that I had to leave immediately. I withdrew the application in person, and even then was not informed that since i would be leaving on a BVE i would not be able to return.
Going through immigrations on the way out, a gentleman informs me i may have a 3 year exclusion period, based on my 442 getting cancelled. I was mortified. I was really upset. I had been living there for 3 years, and was planning on returning.
And NO ONE throughout all the correspondence informed me of this possible 3 year exclusion!!
In this time, i have managed to put together my folio to study (itll have to be as an international student) which in turn will help me get a genera skilled visa as an architect, specially as i have worked there on some major projects. I also have a Bachelor of architecture, and everything that I have done to my knowledge has been genuine with no breach of any conditions or compliance.
It made perfect sense that the 442 would be cancelled since i was no longer working with them and had applied for spouse.
I recieved an email from my Case officer saying my application had been withdrawn, and my bridging visa had ceased, and to contact nearest embassy for future travel. However, again, it does not state anything about a 3 year exclusion period. Had I known about this, I would have not left without applying for a BVB.
I contacted the local embassy, and when they pulled me up on the system, the gentleman over the phone said that there is nothing on the system about a 3 year ban, and the best thing to do is get in touch with the DIAC in Australia and my previous case officer.
My intention is to study and then apply for GSM however, i am very fearful that I may not be able to do this.
Please help!


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Old 08-26-2013, 04:28 PM
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Ugh, you have really been through it! Unfortunately at this point you are REALLY going to need the help of a migration agent ASAP. You need someone who very much knows the ropes, better than any of us do.

This is why it's so frustrating that there are no consequences when DIAC omits important information or doesn't give correct advice. That's why we always advise people here to rely on MARA-registered migration agents rather than DIAC themselves for anything remotely complex.

Hindsight is 20/20, of course, but the thing that started all this in motion was you quitting your job. You should have stayed with your job while the partner visa application was processed. Then, when your partner visa was granted, you could have left your job and you would have had full travel rights the whole time.

Some people think if they are on a skilled visa and apply for a partner visa, they can quit their job and a Bridging Visa A will kick in (since that's what happens when the visa you're currently on expires while you're waiting for your Partner Visa.) But quitting your job (or if you're on a student visa, no longer going to school) breaches your visa terms, gets your visa cancelled and you're immediately illegal. The Bridging Visa A is designed to keep you legal, give you work rights and allow you to apply for the BVB while you're going from one substantive visa to another. But if you breach the terms of your first visa, you no longer have that first substantive visa, and the Bridging Visa A therefore no longer exists, either.

When you quit your job, that cancelled your visa (cancelling is very different from expiring - in this case it meant you breached your visa conditions and you were no longer legally in the country). They placed you on a BVE, but the BVE does not come with ANY travel rights, NOR can you generally apply for a BVB from a BVE. Usually only people on BVAs can apply for BVBs to travel out of the country for a short period of time.

Unfortunately since you breached the terms of your original visa, even though you did it unknowingly, you're going to have a very hard time getting back into the country, IMO. Like I said - time to enlist a migration agent.

Mark Northam who hangs out around this forum is particularly good.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

Last edited by CollegeGirl; 08-26-2013 at 04:32 PM.

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Old 08-26-2013, 05:02 PM
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Hi Thanks for replying!

This is very frustrating news for me. I think its completely unfair that a)they did not tell me of the conditions when my visa was cancelled and i left the job because they were making redundancies, cutting hours and pays and did not want to be one of those people!
An agent advised me to lodge the partner application before my visa got cancelled which I did, and when i lodged it in person the gentleman did not inform me that if I left on a BVE i would not be able to come back. Neither did it state that on the BVE application form! I then applied for my work restrictions to be lifted which was granted.
And throughout correspondence, I was not notified of this circumstance. The only thing I was made aware of was that I could not leave and re-enter while holding BVE, and to be honest, i did not anticipate that I would have to leave for anywhere either. This unfortunate family circumstance was out of my control.
When the immigrations guy at the airport told me about this, his exact words were "there MAY be an exclusion period" to which I got really upset and asked him to tell if there is or isn't i'm sure it cannot in the grey area right? And when I asked him why I hadnt been told this when I was at the department withdrawing my application, he shrugged his shoulders and replied, "i'm just doing MY job". <-- i was already in tears about my family and this news made it all so much worse. Here I was thinking Ill make sure my family is ok and then come back!
I have spoken to a lawyer and also a lawyer in Melbourne, and they both said this was something I should have been informed about on atleast more than one occasion. But since there is nothing in writing, I need to contact the DIAC in Australia, which I have. Once I receive offical documents stating whether or not there is an exlcusion period, and why it was put there, we can take steps forward.
I dont know what else I can do. The next question is als about funds. I have saved up a bit towards my education, however, if it all goes towards a lawyer or agent, i can forget about studying.
My next available option is a GSM, but I wanted to further study in Australia to GET my GSM. I did do the online points test, and I gain 75 points, however, I cannot be a registered architect yet, not till i further my studies and I dont think that will go in my favour. My resume is very solid, with massive projects around Australia which I am very proud to be a part of and its a shame I cannot continue my life there. There has got to be a way!


Last edited by naveenshakil; 08-26-2013 at 05:04 PM.

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Old 08-26-2013, 05:43 PM
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You said:
Quote:
when i lodged it in person the gentleman did not inform me that if I left on a BVE i would not be able to come back. Neither did it state that on the BVE application form!
But then you said:

Quote:
The only thing I was made aware of was that I could not leave and re-enter while holding BVE
That's a little confusing, as leaving and re-entering and leaving and coming back are the same thing...

Anyway, there's a lot of things that should have happened differently, but that's neither here nor there at this point. Your only option now is damage control - and that's going to take the help of a professional.

An agent's fees are not going to be anywhere near the fees involved in international study. Reputable agents will generally provide an initial consultation for very low cost (a few hundred dollars or less). From what I've read here, international student tuition/fees/visa expenses often range into the tens of thousands of dollars. I'd make sure you can afford that path before you look into a student visa.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 08-26-2013, 06:01 PM
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sorry, i should make that more clear.

I didn't know if i left on BVE that i would have a 3 year ban.
I thought if i left on BVE, it would cease and I could then apply for a whole new visa to come back, namely the student visa.
Yes you're right I have to look into that path. Do you know much about skill migration 189? I have read that under that, I am able to study as well. I may not be a registered architect, but have Bachelors in Arch from UK, and have worked in Australia for 1.5 yrs in the company, and outside Australia for 1 year as well. Since Im a british citizen i get max points for english, and max points for age.
In total I get 75 points I believe. I wonder if that is good enough to apply for 189 as it is a permanent visa, and I have been reading the forums which state that the 3 year exlcusion period is for temporary visas and not permanent visas.
Perhaps this might be the best option?
In any case, your advice is 100% right, I need to engage an agent/lawyer as soon as DIAC gets back to me.

CollegeGirl likes this.

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Old 08-26-2013, 06:16 PM
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I don't know much about skilled visas, sorry. Hopefully someone else here will have an answer for you!

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #7 (permalink)  
Old 08-26-2013, 06:21 PM
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Thank you so much for helping me this far college girl. I feel at a complete loss and standstill at the moment!


  #8 (permalink)  
Old 08-26-2013, 07:05 PM
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I'm sorry. I wish I knew more so I could help you further. But that's what a forum is for... crowd-sourcing information.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

  #9 (permalink)  
Old 08-27-2013, 12:07 PM
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ok so it doesnt look good applying as an architect 189 as I am not a registered architect, nor a MAarch.

Does anyone have any success stories for getting the 3 yr exclusion period waived? I know its damn impossible but its fast becoming my only hope


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Old 08-27-2013, 12:52 PM
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Hi naveenshakil,
About 189, you can apply with BArch, you do not need to be a registered architect.
you need min. 60 points to apply, but you are not going to get maximum points for English just for being British. You need to sit IELTS and get at least 8 for 20 points, which I am sure you are able to.
I am an architect as well, going thru the 189/190 process, so if you have any more questions about this, and I could help, I will be glad to.

Cheers

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