3 year exclusion

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3 year exclusion


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Old 08-18-2014, 02:03 PM
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3 year exclusion

Hi all,
Wondering if anyone could help. Jut wondering if you have a 3 year ban/exclusion from entering Australia, can you still apply for a 309/100 defacto partner visa? I've read in various places that the ban only applies to temporary visas - visitor, etc, but is a offshore partner visa considered a 'temporary' visa or a permanent visa?

thanks x


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Old 08-18-2014, 02:26 PM
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Quote:
Originally Posted by rosabear View Post
Hi all,
Wondering if anyone could help. Jut wondering if you have a 3 year ban/exclusion from entering Australia, can you still apply for a 309/100 defacto partner visa? I've read in various places that the ban only applies to temporary visas - visitor, etc, but is a offshore partner visa considered a 'temporary' visa or a permanent visa?

thanks x
The ban doesn't apply to applicants of 309/100 visa. It is a combined application which 2 years after the date of initial application leads to a permanent visa subclass 100.
The ban does apply for other visas.
Good Luck!!

Kind Regards,
Becky

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2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

Last edited by Becky26; 08-18-2014 at 02:28 PM.

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Old 08-19-2014, 06:53 AM
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Hi Rosabear and Becky,

You may not be aware, the a 3 year ban can apply to the 309/100 IF the three year ban was the result of not meeting Public Interest Criteria 4020 on any substantive visa application. The PIC refers to providing Incorrect Information or providing fraudulent documents in a visa application. This if the 3 year ban was imposed because fraudulent documents were provided then their will be a 3 year ban on you being granted any visa for which PIC 4020 is specified. That includes sc 309.

If the 3 year ban was imposed as a result of overstaying or visa cancellation through cause, then it will not apply to sc 309.

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Old 08-19-2014, 10:09 AM
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Quote:
Originally Posted by Jeremy Hooper View Post
Hi Rosabear and Becky,

You may not be aware, the a 3 year ban can apply to the 309/100 IF the three year ban was the result of not meeting Public Interest Criteria 4020 on any substantive visa application. The PIC refers to providing Incorrect Information or providing fraudulent documents in a visa application. This if the 3 year ban was imposed because fraudulent documents were provided then their will be a 3 year ban on you being granted any visa for which PIC 4020 is specified. That includes sc 309.

If the 3 year ban was imposed as a result of overstaying or visa cancellation through cause, then it will not apply to sc 309.
Hey Jeremy,

Thanks so much for correcting me there. I didn't know that ban could also include 309/100 applicants. The above stated point in you post is a technical thing that's why.

Thanks again.

Kind Regards,
Becky

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__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

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Old 08-19-2014, 02:47 PM
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My partner had a 3 year ban.. it's due to overstaying his visa. Hope i am correct lol. It is almost 2 years now since he was deported back to his country. We have an agent who has been helping me to sponsor him on a de facto visa 309/100 and the chances of getting the visa granted is likely cos we can prove some compelling and compassionate reasons including a waiver. Co has informed my partner for an interview this coming September 3rd so yeah hope it all goes well for both of us and to everyone who is applying for a visa!


Last edited by 26777; 08-19-2014 at 02:54 PM.

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Old 08-19-2014, 03:28 PM
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Quote:
Originally Posted by bemmy.x View Post
My partner had a 3 year ban.. it's due to overstaying his visa. Hope i am correct lol. It is almost 2 years now since he was deported back to his country. We have an agent who has been helping me to sponsor him on a de facto visa 309/100 and the chances of getting the visa granted is likely cos we can prove some compelling and compassionate reasons including a waiver. Co has informed my partner for an interview this coming September 3rd so yeah hope it all goes well for both of us and to everyone who is applying for a visa!
Thanks for your reply.
I had an interview with AHC in February, 2014 and by far was the scariest experience of my life. Scarier than being on the Giant Drop!!! I'm scared of heights
I wasn't removed/deported. My 820/801 visa was rejected and by the time I found out this information, it was too late to file for MRT. So just had to get offshore

Good Luck darl!! I hope the interview goes well. Let us know how you go.

Kind Regards,
Becky

__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

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Old 08-19-2014, 10:53 PM
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Thanks for the info guys! x


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Old 08-20-2014, 09:43 AM
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Quote:
Originally Posted by rosabear View Post
Thanks for the info guys! x
No worries, Good Luck!!

__________________
2 Psalm 37:4 Delight yourself in the Lord and he will give you the desires of your heart..

Applied: AHC, New Delhi
Visa Grant:October 16, 2014
PR Eligibility: July 22, 2015
Subclass 100 Submission: August 08, 2015
PR Grant: December 08, 2015
Citizenship Eligibility: October 20, 2018
Citizenship Application: October 22, 2018
Location: Paper Application, DIBP Brisbane
Citizenship Interview and Exam: August 08, 2019
Citizenship Approval: August 24, 2019
Citizenship Ceremony: Awaiting

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Old 11-17-2014, 06:38 AM
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Hi All
I got section pic 4020 in july 2012 on my student visa. I did apply my defacto visa in
2013 but i got refusel bcus of pic 4020.then my agent say i have
To apply offshore visa 309/100.bcus my three year ban time is gona
finush in july 2015.my agent said we can applythe visa in march or
aprail 2015 bcus the visa processing time is 1 year.if i apply the visa
in aprail then after three month my 4020 will b finish & i will get the visa.
But uf they open my file before julymy visa will get refused under pic 4020.
My Q is that can i apply the visa in 4020 or no or when my file will open
migration will ask me why i did apply the visa in 4020. Please give me a advise tks


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