3 year ban waiver

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3 year ban waiver

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Old 09-23-2010, 10:13 PM
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3 year ban waiver

My student visa for Aus expired on the 15 of March 2010. I had lodged an 886 GSM on the same day in Perth using the website. I was waiting for my skills assessment report to lodge the application due to which the application process was delayed. The only place I went for assistance was the immigration office in Perth. I was not aware that my visa was invalid due to it being lodged late (not according to Brisbane Time).

I kept checking my progress online with my TRN no. frequently, however after my manager checked that I had no working rights, we called immigration and they confirmed I had working rights and if a form was faxed they would update my information on VEVO. Since there was no reply to that fax. I decided to go myself and update the information by visiting the Immi Office. When the officer pulled up my application, I was shocked to discover it was going to processed invalid due to late submission. I was an hr late according to Brisbane time even though my application was on time according to Perth time. I was horrified to learn that due to this I passed the 28 day mark to reapply and would consequently receive a 3 year ban for which I could explain myself on each applicatin lodged in the future and could ask for consideration of a waiver. I was given a BVE and the immi officer supported me right till I departed Aus.

I am back in my country now, however, while I was in Aus, I was in the process of doing an Internship for which payments and enrollments had commenced. I was hoping to apply for an internship visa 416 or 442.

I have my twin sister who is a citizen of Aus and is planning her wedding in Dec. We don't have any other siblings.. Our father past away years ago and our mother is unable to travel due to medical reasons and needs to be observed 24/7. I am the only family left.

I chose Aus, cause I could complete my internship and it would save me money living with my sister. besides, we could plan her marriage as I am the only family member.

I am aware that the ban is on all temp visas and is difficult to waive, however, I need advice on if I apply for the internship visa with an explanation of my situation, would immi be able to waive the ban or would it be rejected and I have to appeal with MTR for re consideration?

Should I allow the internship company to apply for my visa or should I hire a Migration Lawyer to lodge it for me?

Need guidance!

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Old 09-25-2010, 01:15 AM
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I have never looked closely into the trainee visas before and if they are anything like an employer sponsorship visa, there is a an employer part that needs applying for and an applicant for the actual visa and even if the company can submit your application for you, you'll need to be closely involved and will have to sign it, ditto if using an agent and the latter will cost you for an uncertain outcome.
Bureacracies of any type are not fun to deal with at times and a waiver may just be seen as a waiver without considering the background too much and if there is a possibility of being in touch with the Immi officer who supported you when it was applied, that may be worthwhile to see if any insight can be gained.

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