# help with re-entry ban.



## kostastam (Oct 29, 2016)

hello everyone. I was living in sydney australia with student visa for about 3 and half years. i had my dream job and i was doing very well. my boss was ready to start the paperwork for sponsorship. by mistake i thought that my student visa would expired on the 6th of april 2016. so when i went to renew my student visa on the 5th i found ou that my visa expired on the 4th of march and i had exceed the 28 days by 3 days. i went straight away the day after and got a bridging visa E for a month to leave the country . i left before the new visa expired. i asked everyone in every office plus the border officers in the airport if i have a re-entry bann and noone could give me a clear answer. everyone was saying "you might have a re-entry bann but i cant tell you for sure". now my problem is that i need to know a clear answer whether i have a bann or not so i can see what my options are.. my boss is still waiting for me and i dont want to lose this oportunity. any help would be highly appriciated because i dont know what to do or who to ask. thanks for reading.


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## Visa Expert Australia (Oct 5, 2016)

You departed on your BVE and more then 28 days after your student visa ceased, 3 years exclusion period does apply, for most TR Visas, but not for PR. 3 yrs bar can be waived.



kostastam said:


> hello everyone. I was living in sydney australia with student visa for about 3 and half years. i had my dream job and i was doing very well. my boss was ready to start the paperwork for sponsorship. by mistake i thought that my student visa would expired on the 6th of april 2016. so when i went to renew my student visa on the 5th i found ou that my visa expired on the 4th of march and i had exceed the 28 days by 3 days. i went straight away the day after and got a bridging visa E for a month to leave the country . i left before the new visa expired. i asked everyone in every office plus the border officers in the airport if i have a re-entry bann and noone could give me a clear answer. everyone was saying "you might have a re-entry bann but i cant tell you for sure". now my problem is that i need to know a clear answer whether i have a bann or not so i can see what my options are.. my boss is still waiting for me and i dont want to lose this oportunity. any help would be highly appriciated because i dont know what to do or who to ask. thanks for reading.


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## kostastam (Oct 29, 2016)

Thanks for your reply. Is that 100% sure that i have a 3 year bann?


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## CCMS (Oct 10, 2013)

kostastam said:


> Thanks for your reply. Is that 100% sure that i have a 3 year bann?


Exclusion periods depend on the type of visa you will be applying for. In your case an exclusion period will apply to any visa that is subject to Public Interest Criteria 4014.


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## kostastam (Oct 29, 2016)

So my only way is the permanent way..


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## CCMS (Oct 10, 2013)

kostastam said:


> So my only way is the permanent way..


Or a waiver of PIC 4014.


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## kostastam (Oct 29, 2016)

I could do that but i read in different topics that i have to have an extremely good reason to submit a waiver.. my reason was that i just got confused with the dates and i didnt think to check my visa. Is that a good enough reason for them to consider as a waiver?


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## ampk (Sep 21, 2013)

Not if you word it like that.

What is the underlying reason for the confusion if worded well may be!

I have seen some very well worded letters in my time, I have also seen the original draft - Chalk and Cheese they say.


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## kostastam (Oct 29, 2016)

Honestly it was that that period i had to much going on because i was moving houses plus i had too much work because it was a racing week and we had too many cars to prepare (i am a racing car mechanic) and support at the track. That was the reason i never checked. I was convinced that my visa expiry date was the 6th of april and now im paying for my mistake and i dont know how ill make it.


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## ampk (Sep 21, 2013)

Still think need to dig deeper into the mental aspect maybe. Race car unless sponsored by a political friend is not a essential service, we got no benefit on me fixing aircraft in a location that many politicians use aircraft that I fixed. In fact 4 or 5 wrote glowing references for Visitor Visa's that got refused.


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## kostastam (Oct 29, 2016)

now i understand what you are talking about.. ill try to make a waiver then and we'll see how it goes. ill let you all know how it did go.. thanks for your help everyone.. if someone has something else to state i would be more than happy to read it.. thanks again.


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## kostastam (Oct 29, 2016)

Update: i e-mailed the border protection office about my issue and they replied be that they dont know if i have an exclusion period. Long story short and having nothing to lose, i applied for a tourist visa last night with my full details without any waiver and the system e-mailed back telling me that my visa is granted. Is that good news or when i arrive to Australia they will refuse me to enter the country? Thanks in advance.


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## kostastam (Oct 29, 2016)

CCMS said:


> Exclusion periods depend on the type of visa you will be applying for. In your case an exclusion period will apply to any visa that is subject to Public Interest Criteria 4014.


Update: i e-mailed the border protection office about my issue and they replied be that they dont know if i have an exclusion period. Long story short and having nothing to lose, i applied for a tourist visa last night with my full details without any waiver and the system e-mailed back telling me that my visa is granted. Is that good news or when i arrive to Australia they will refuse me to enter the country? Thanks in advance.


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## Maggie-May24 (Jul 24, 2011)

AFAIK, a ban would have resulted in a visa refusal since it's typically phrased that you are banned from "applying" for a visa. So if they've issued you a visa, it doesn't appear you had a ban.


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## kostastam (Oct 29, 2016)

Maggie-May24 said:


> AFAIK, a ban would have resulted in a visa refusal since it's typically phrased that you are banned from "applying" for a visa. So if they've issued you a visa, it doesn't appear you had a ban.


Thanks for your reply. I send my brother who lives also in Sydney to his travel agent and he told him that 100% I've got a ban. Im really confused. Do you know anywhere i can get a clear answer? It must be something im missing..


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## CCMS (Oct 10, 2013)

kostastam said:


> Thanks for your reply. I send my brother who lives also in Sydney to his travel agent and he told him that 100% I've got a ban. Im really confused. Do you know anywhere i can get a clear answer? It must be something im missing..


Your brother is getting migration advice from a travel agent? No wonder you're getting confused....

You just said that you had been granted a tourist visa. If an exclusion period applied, it would not have been granted


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## kostastam (Oct 29, 2016)

CCMS said:


> Your brother isgetting migration advice from a travel agent? No eonder you're getting confused...


Yeah i know.. lol.. im just trying to get all the help i can from everyone.. i really wanna go back to my job and my life..


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## CCMS (Oct 10, 2013)

kostastam said:


> Yeah i know.. lol.. im just trying to get all the help i can from everyone.. i really wanna go back to my job and my life..


Noone can really help you with this unless they can access the full facts of your visa history through a FOI. Anything else is guesswork and speculation.

By the way, you cannot go back to work on a tourist visa. If you mention anything about work on arrival, there is a pretty good chance that your visa will be canceled on the spot. Keep in mind that Immigration nowadays can check your mobile phone incl. email, messaging and FB accounts to make sure you're a genuine visitor.

And don't take immigration advice from travel agents. You may as well ask a taxi driver. They know everything too.


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## kostastam (Oct 29, 2016)

CCMS said:


> Noone can really help you with this unless they can access the full facts of your visa history through a FOI. Anything else is gueswork or speculation.
> 
> By the way, you cannot go back to work on a tourist visa. If you mention anything about work on arrival, there is a pretty good chance that your visa will be canceled on the spot. Keep in mind that Imm Immigration nowadays can check your mobile phone incl. email, messaging and FB accounts to make sure you're a genuine visitor.


But im not going to work on a tourist visa. Ill apply for the 457 while im there and after start working. One thing i learned is that i have to do things properly because a small mistake can cause a huge problem.


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## CCMS (Oct 10, 2013)

I'd be very cautious about declaring your intentions to apply for a work visa on arrival...


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