VIsa 600 refused - aplication from Australia - Page 2

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VIsa 600 refused - aplication from Australia - Page 2


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  #11 (permalink)  
Old 12-17-2018, 01:07 AM
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Quote:
Originally Posted by John03 View Post
You are trying to game the system.

Gaming the system sort of works, some of the time, maybe most of the time, but when they notice it, they get difficult, and start applying the rules legalistically against you. In particular, you stop getting instant and automatic bridging visas.
I know what you mean and I totally agree. The only think is it's my mum, she is 70 and I don't know if she will come back any time soon but I want her to be able to come back and see grandkids whenever she wants to. I talk with immigration 3 times before we made a decision about applying for an extension and no one said anything about rule 12/18. They were pretty sure that she can extend it. I wont mention the price diff. They told me that it will be 1000+ even after I said that she applied for her visa from outside of Australia. If I knew about rule 12/18 I wouldn't put her into this stress.


  #12 (permalink)  
Old 12-17-2018, 04:37 AM
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Originally Posted by Dixon37 View Post
I know what you mean and I totally agree. The only think is it's my mum, she is 70 and I don't know if she will come back any time soon but I want her to be able to come back and see grandkids whenever she wants to. I talk with immigration 3 times before we made a decision about applying for an extension and no one said anything about rule 12/18. They were pretty sure that she can extend it. I wont mention the price diff. They told me that it will be 1000+ even after I said that she applied for her visa from outside of Australia. If I knew about rule 12/18 I wouldn't put her into this stress.
I assume you rang immigration and asked the questions? The staff on the phone lines are call centre staff they are not case officers and do not have any technical knowledge, all they do is follow a script.

It is the same if you were to ring the ATO for tax advice or Centrelink for social services advice.


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Old 12-17-2018, 04:56 AM
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Originally Posted by Mish View Post
I assume you rang immigration and asked the questions? The staff on the phone lines are call centre staff they are not case officers and do not have any technical knowledge, all they do is follow a script.

It is the same if you were to ring the ATO for tax advice or Centrelink for social services advice.
That's not a subject of this conversation but thank you for your comment


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  #14 (permalink)  
Old 12-17-2018, 06:59 AM
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Originally Posted by Dixon37 View Post
what do you mean by "weeks in a burns unit"? the worst can happen is that she wont be able to come back for 3 years
No. The worst that can happen is your mother tell immigration on arrival that she will not change her travel dates (tells the truth! or they query her ticket).

Immigration then see that she intents to overstay her current visa, they then send her back on the next plane to where she just came from.

I don't think they impose a 3 year ban - but they will cancel her visa and in many ways that might be worse - like never getting another visa.

* When trying to "work the system" it can be termed playing with fire, if you play with fire you can get burnt. From my experience getting burnt was very painful and something I remember every day. But it was my fault as I lit the match.


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Old 12-17-2018, 08:33 PM
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The worst that can happen is that she is unable to ever get an Australian visitor visa again. And getting a student visa for someone 70 years old is likely impossible (not sure if you were saying that as an honest option or not).

Honestly, the best and likely only thing she can do is leave on or before the 4th when her visa expires. A lot of people don't like the visa requirements they have to keep, but they are a legal requirement and the consequences of a visa breach can be difficult. She would forever have to answer "yes" to the question on any country visa application when asked if she has overstayed or breached a visa.

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  #16 (permalink)  
Old 12-17-2018, 09:57 PM
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I think not everyone is reading my posts with understanding. My mum is in Australia. We don't want to apply for student visa that was a joke. showing that rules are a little bit funny that you can convert your tourist visa into student visa but you cant extend it because of the rule 12/18. I just want my mum to leave Australia legally. No one ever said that you cant reapply for the visa which was refused. My mum is 70 she is not staying in Australia because she wants to work here, she just wants to spend time with her family once a year or so.

I don't think she will come back to Australia on the tourist visa ever again as I am citizen I will probably apply for parent visa so she wont have to stress about visas ever again.

I have heard lots of stories about people who overstayed their visas for couple days and they weren't banded.


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Old 12-17-2018, 10:17 PM
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Quote:
Originally Posted by Dixon37 View Post
I think not everyone is reading my posts with understanding. My mum is in Australia. We don't want to apply for student visa that was a joke. showing that rules are a little bit funny that you can convert your tourist visa into student visa but you cant extend it because of the rule 12/18. I just want my mum to leave Australia legally. No one ever said that you cant reapply for the visa which was refused. My mum is 70 she is not staying in Australia because she wants to work here, she just wants to spend time with her family once a year or so.

I don't think she will come back to Australia on the tourist visa ever again as I am citizen I will probably apply for parent visa so she wont have to stress about visas ever again.

I have heard lots of stories about people who overstayed their visas for couple days and they weren't banded.
It must be frustrating finding a suitable solution.

Each case is unique so don't rely too much on the experience of others. The publicly available decision records from the AAT show the variety of experiences folks with seemingly similar circumstances face.

If your mom has a 12/18 condition, does she also have the "no further stay" condition? If yes, she would be under most circumstances unable to apply for a new substantive onshore is my understanding (it is possible to get a waiver of the condition I believe).

My own grandmother is just leaving Australia this holiday season to fulfill her 6 months offshore (she also had the 12/18 month condition and this is her 3rd visitor visa of the sort) - and a contributory parent visa is expected to be lodged (where the processing time is ~4-5 years) come January 2019.

In 2019 we are keeping an eye on this long awaited "new parent" visa (see link below) that is expected to begin, or fall back on the 12/18 visitor visa - in case that helps.

https://www.sbs.com.au/yourlanguage/...available-2019

My unsolicited 2 cents:

Personally I would opt to consult a good MARA agent that may be able to advise you well according to the most up-to-date regulations (I too have seen on some other law / agent websites claims that if you overstay less than 28 days, under certain circumstances you may not face dire consequences).

Otherwise, I would make sure your mom leaves before her visa expires / that she complies with her visa conditions.

If that is not possible, as soon as you cross 4 January 2019 - I would contact DHA and try to get a Bridging Visa E for your mom.

While others have pointed out that it is risky to overstay a visa given the consequences for future visa applications to Australia and other countries - in my mind - it is not guaranteed you will not be hassled / allowed to leave without impediment in the first place come 15 January 2019 .

You can also try getting in touch with DHA's State Resolution Service that might have an idea:
https://immi.homeaffairs.gov.au/what...lution-service

Do keep us posted though if you are able to do so

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  #18 (permalink)  
Old 12-18-2018, 01:43 AM
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Thank you. for your replay.

Her visa is without condition "no future stay" and there was no information about condition 12/18. I found out about that after we've applied for her visa. that's why it is weird for me that you are giving someone visa which you should be able to extend but then you can't do that because of different rule.

I will try to give you some up date after 15th of January as she is stubborn and she wont leave before 15th and I don't want her to leave as well. My brother will travel with her so he will be able to explain the whole situation. I forgot to mention that she can't speak English ( just basic).

There is only one problem with immigration agents. Everyone wants to become one but not many people are good

I was actually thinking about bridging visa E as well. I have read about it and it looks like this visa lets you stay in AU lawfully while you organizing your travel.


  #19 (permalink)  
Old 12-18-2018, 01:59 AM
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Quote:
Originally Posted by Dixon37 View Post
Thank you. for your replay.

Her visa is without condition "no future stay" and there was no information about condition 12/18. I found out about that after we've applied for her visa. that's why it is weird for me that you are giving someone visa which you should be able to extend but then you can't do that because of different rule.

I will try to give you some up date after 15th of January as she is stubborn and she wont leave before 15th and I don't want her to leave as well. My brother will travel with her so he will be able to explain the whole situation. I forgot to mention that she can't speak English ( just basic).

There is only one problem with immigration agents. Everyone wants to become one but not many people are good

I was actually thinking about bridging visa E as well. I have read about it and it looks like this visa lets you stay in AU lawfully while you organizing your travel.
Condition 8558 is the '12/18 condition' - and that is unfortunate that you were unaware of it prior to applying it. It is a complex maze navigating the Migration Regulations - a good MARA agent is always worth the extra monies to help clarify some of the more hidden possibilities.

That's great that someone will be travelling with her, hope it is all smooth and there are no major consequences.

Also - that problem exists with almost every occupation from Doctors to Lawyers - there will always be 'bad', 'mediocre, 'good', and outright 'exceptional' people - the trick is finding someone that is able to meet your needs within your budget. In my mind, 'registration' is just the absolute bare minimum when it comes to potential expectations of a satisfactory service

That is my understanding of Bridging Visa E too, and in my mind it will show the Department that your mom made an attempt to 'regularise' her visa status - but that is my layman mind.

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Grant 4 Mar 19

Happy to share my experience with ACWA, ACT, SG PCC, Form 1436.

  #20 (permalink)  
Old 12-18-2018, 04:34 AM
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I am finding more and more articles about 28 days rule. I mean if you leave Australia within 28 from the day when your visa expired it is not big crime of course it doesn't mean that you should wait till last day and do nothing. I will apply for this Bridging Visa E as well. And lets see. for now I just want to enjoy time with my family.


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