Three year exclusion period?

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Three year exclusion period?


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Old 12-12-2014, 04:45 AM
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Users Flag! From usa

Three year exclusion period?

Ok here goes... I met my finacee online, we spent a year getting to know each other. We then decided we wanted to spend some time together in person. I applied and was approved for a work and holiday visa. I bought my round trip plane ticket, and set the return date for about 6 months out. I figured I could change the return ticket date if I decided I wanted to stay longer. I purchased travel insurance so I would be able to change the date and called the airline company and verified that I would be able to do so. I arrived in Australia and when the date came that I was supposed to leave (6 months out, with my visa still valid another 6 months) I decided I wanted to stay longer. I called up the airline and asked them if I could change the date, and they told me NO. I let it go and figured I would get a plane ticket later. Now by this point we were getting serious about spending our lives together and we thought I would apply for a partner visa and get a new visa in place before my work and holiday visa expired and I had to leave. We found out around the new year that the partner visa fee while in AUS is nearly $5k. Now I HAD money to live off of, but I didn't have an extra $5k. We also had absolutely no idea the visa fee was so high. If it had been less, we probably could have done it. We tried to get money together anyway, but didn't do it in time. So as it was approaching time for my work and holiday visa to expire, we thought I could apply for a visitor visa to extend my stay. My finacee had talked to a friend whose wife was able to do so. I was granted a month's bridging visa while they were making a decision on the visitor visa. I was denied. At this point I had to get money together for a plane ticket. We had to wait a little longer until we had the money together. So I called the immigration office and they told me if I am going to be in the country I will have to apply for a briging visa E while I made my arrangements to leave the country. We went down and got that taken care of, within a few days I had a plane ticket. The following week we went back to the immigration office to get the second week long bridging visa E. I left the country before that visa expired. I was told while I was in the immigration office that I would have a three year ban on any temporary visas. Fine, I thought, I am going to apply for a prospective marriage visa anyway.

Fast forward to now (nearly a year since I left AUS). We almost have the money we need to apply for a prospective marriage visa. My finacee had an idea that I could still apply for a visior visa, so I called the Australian embassy in WA DC. The answer was no. And I come to find out from them that the processing time for a prospective marriage visa out of The US is currently 12-15 months. When we spoke to the guy at the immigration office in AUS, he said it was up to 2-3 months. So now I'm freaking out. I had hoped to be back with my finacee within a few months, and now it looks like it's going to be a year or more. Now I thought that when you apply for a prospective marriage visa, you get a bridging visa. The lady on the phone told me no. Meaning I will indeed have to wait over a year to be with my finacee again? I'm guessing I will most likely need to get professional help with this, but I thought I would try here first. Another thing is, when I spoke to the lady at the Australian embassy she told me I overstayed my visa by more than 28 days. I did not overstay my visa by 28 days. As I mentioned earlier, I was on a bridging visa they gave me while they were making a decision regarding the visitor visa. Not only that, I had to wait until my bridging visa expired in order to apply for the bridging visa E. What is the point of the bridging visa they give you when making a decision on another visa if they still count you as being illegal?

So are you telling me now that all my trouble comes down to the fact that an airline company LIED to me about their policies? This was no mistake of mine in the first place. I specifically confirmed that I would be able to change the date of my plane ticket because I was being careful and didn't want any problems. Now I am in a huge mess. All I want is to be with my finacee and move on with my life.

Oh and he can't really come live here as he has a 15 year old son in Australia from a previous marriage.


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Old 12-12-2014, 04:59 AM
GBP GBP is offline
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It is not uncommon that "the guy at the immigration office" or "the lady over the phone" gives out incorrect information. Unfortunately, you don't have much choice now. Your previous BV E excludes you from applying for a tourist visa, so you have to wait for your PMV before you can travel to Aus again.


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Old 12-12-2014, 09:46 AM
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I don't know of PMV visas ever taking only 2-3 months (perhaps years and years ago maybe).

It's horrible when you have to spend such a long time apart from your partner, most of us have done it at some point in time during our own relationships (i'm about to do another 6 month plus stint). I tell people now to stay away from people of other nationalities if your looking for a partner lol!!

Anyway, unfortunately GBP is right. As you had a BVE you are not able to qualify for any temporary visas that would enable you to come to Australia to wait out the processing time. And you only receive a bridging visa when you are applying onshore as it's bridging you from one visa to another.As a PMV is an offshore visa you would have never been able to get a bridging visa because you have to be offshore to apply.

Do you have any skills? Perhaps you would qualify for a permanent skilled working visa?

I don't think you are going to get the advise you need from a forum. You will need to sit down with an agent who can look at all your past visa applications and details of your stay in Australia e.g when your BV took effect.

If you were given a bridging visa whilst waiting for a decision on your extended visitor visa then that is not counted as being in the country illegally. However you still possessed a BVE so do not qualify for visitor visas.

In hindsight, I would have gotten professional advise before I put in an application to extend my working holiday visa. If they thought that you were simply trying to apply for a partner visa onshore they will have denied the application so you need to generally be careful and calculated with what you include in your application.

We all understand how frustrating the process is, so you can always come here and vent and people will be there to support you

All the best!

__________________
Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

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