# Overstayed my visa by 4 days



## Drmmr21 (Oct 21, 2016)

Hi all

I was on a E-visitor visa here for the last 3 months while me and my partner got our application for a 820 visa together and honestly the date just slipped my mind. That was 4 days ago.

We have contacted immigration and they have given us some options but my question is this if I leave Australia and apply for another e-visitor visa whats the chances it will be approved and if so whats the chances it will have a NFS condition on it?

Immigration said I can still apply now onshore and go on a BVC with no work rights but after sinking all my savings into this visa I will need to be on a BVA with work rights Immediately, I've read on this forum before that people can be waiting months for a reply for work rights whilst on a BVC.

Also they said I have to supply a Schedule 3 cover letter with my application and this can determine whether my application is processed but it will still cost the full amount i.e it will count as a refusal, Has anyone ever had any experience with this? Many thanks for the replies in advance.

Regards 

Desperate to go back 4 days.


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## Maggie-May24 (Jul 24, 2011)

Before you do anything else, I'd suggest you speak with a registered migration agent (there are several good ones who post regularly on this forum). Immigration officers aren't qualified or trained to give advice and unfortunately they are often known to give incorrect information so I wouldn't take their options into too much consideration.

AFAIK, if you leave Australia now you would be banned from applying for any temporary visa for a period of 3 years so a NFS condition may be the least of your worries. A migration agent can also help with the Schedulle 3 submission to give you the best chance of success.


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## wrussell (Dec 31, 2014)

An 820 leads to an 801, so it is not viewed as a temporary visa, similarly for 300 and 309. You should consult a registered migration agent to see what can be done about your schedule 3 advice.


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## Drmmr21 (Oct 21, 2016)

Maggie-May24 said:


> Before you do anything else, I'd suggest you speak with a registered migration agent (there are several good ones who post regularly on this forum). Immigration officers aren't qualified or trained to give advice and unfortunately they are often known to give incorrect information so I wouldn't take their options into too much consideration.
> 
> AFAIK, if you leave Australia now you would be banned from applying for any temporary visa for a period of 3 years so a NFS condition may be the least of your worries. A migration agent can also help with the Schedulle 3 submission to give you the best chance of success.


I was under the Impression that if I leave within 28 days of my visa expiring I would not be banned from applying for a temporary visa.


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## ampk (Sep 21, 2013)

I was under impression visa conditions were strict and required to be adhered to. Have you any reference to a 28 day grace period on any visa in any country?

Honest question. Serious to hear why you get that impression.


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## Drmmr21 (Oct 21, 2016)

ampk said:


> I was under impression visa conditions were strict and required to be adhered to. Have you any reference to a 28 day grace period on any visa in any country?
> 
> Honest question. Serious to hear why you get that impression.


exclusion period before 28 days australia

Type this into google.au its the top website sorry it wont let me post a link yet as you need to be an active member


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## ampk (Sep 21, 2013)

Poster 3 ,is a registered migration agent, and well respected here and many years experience.

I suggest contact him via link on that post - an over stay is a bad thing in many cases.

But sort it fast.


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## JandE (Jul 17, 2015)

Drmmr21 said:


> exclusion period before 28 days australia
> 
> Type this into google.au its the top website sorry it wont let me post a link yet as you need to be an active member


I assume relating to this:

A re-entry ban, also known as an exclusion period, means a person may not be permitted to return to Australia for up to three years. A re-entry ban may be imposed when a person breaches their visa conditions.

A re-entry ban will apply, if:
you overstay your visa by more than 28 days

https://www.border.gov.au/Trav/Visa...esolution-service/exclusion-period-fact-sheet


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## Mish (Jan 13, 2013)

With overstaying I would imagine the chances of getting the e--vistor visa refused or cancelled at the border are quite high....


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## CCMS (Oct 10, 2013)

Drmmr21 said:


> I was under the Impression that if I leave within 28 days of my visa expiring I would not be banned from applying for a temporary visa.


*PIC 4014* (edited)

(4) Subject to subclause (5), a person is affected by a risk factor if the person left Australia as:

(a) an unlawful non-citizen; or
(b) the holder of a Bridging C (Class (WC), Bridging D (Class WD) or Bridging E (Class WE) visa.

(*5) Subclause (4) does not to apply to a person if:*
(a) the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect;

or

(b) a bridging visa held by the person at the time of departure was granted:
(i) within 28 days after a substantive visa held by the person ceased to be in effect;

or

(ii) while the person held another bridging visa granted:
(A) while the person held a substantive visa; or
(B) within 28 days after a substantive visa held by the person ceased to be in effect.


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## Drmmr21 (Oct 21, 2016)

JandE said:


> I assume relating to this:
> 
> A re-entry ban, also known as an exclusion period, means a person may not be permitted to return to Australia for up to three years. A re-entry ban may be imposed when a person breaches their visa conditions.
> 
> ...


Yep thats the 1 just couldnt post links as I am a new user


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## Visa Expert Australia (Oct 5, 2016)

If the applicant does not hold a substantive visa at the time the application was lodged, then Sch. 3 kicks in. There is a sympathy for someone forgot the expiry of his or her visa for few days due to memory lapse, but it never been accepted as something beyond your control.

Your chance of success is slim if no compelling reason to satisfy Sch 3 which is essential for grant you visa even if the partner visa was lodged within 28 days of cessation of previous visa. The degree of compelling season will be much more higher, or stronger, for Sch 3 waiver, if you lodged more then 28 days.

Sch 3 is a time of decision requirement after the decision on Waensile's appeal handed down. But do not put all your hope in it, even if you planed to have a child, as your application will usually be allocated to a case officer in less then two months, and AAT appeal case may also be assessed very quickly.


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