# grant student visa within 3 year exclusion period



## Dave87 (Sep 4, 2011)

Hi,
I recentely was told by DIAC that I am subject to 3 year exclusion period due to overstay in Australia in my last visa.. I am very confused about that because I was very careful by not overstaying in Australia when I used to live there. Before I left Australia I was told by DIAC that I do not have the 3 year exclusion period and that I can apply for a visa once I am outside Australia. One of the things I wanted to do in Australia was to study so that's what I am trying to do on getting the Student Visa.

I applied for Student Visa, to do a bachelor in Banking & Finance, and I got an email from DIAC saying that I am subject to 3 year exclusion period and the request for the waiver of the exclusion period is currently being assessed. They asked if I completed any courses in Australia or overseas and to send the copies of them.

I got qualified as Electrical Operator/Electrician after 3 years of study in Italy in 2008. At the moment I am working at my brother-in-law's business, I am getting experience in administration, finance management, etc. related on what I want to study.

Do I have a chance on getting waived this 3 year exclusion period? 
I really need advices please!


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## SarahM (Feb 8, 2011)

Hi,

I'm sorry to hear about your situation. An exclusion period is given to people who overstay their visas for more than 28 days.

There is nothing that says exactly what circumstances you need to have for them to waive the ban, it's a bit vague, they just say you need "exceptional circumstances"..... you will lose your money if your application is rejected, so it's best you get a definate answer before applying.

What were the circumstances of your overstaying? Were your reasons for overstaying compelling? These things might make immigration decide to waive the ban.


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## Dave87 (Sep 4, 2011)

Hi Sarah,

Well I used to live for almost 2 years in Melbourne and I didn't know the marriage wouldn't end so I requested for extra time to organise all the stuff I had, before departing Australia. I was not allowed to work and study while I held 2 BVE. Before I left Australia I made sure that I did not have the 3 year exclusion period and it was confirmed by DIAC in Melbourne that I am not affected by PIC 4014 and I wouldn't have trouble applying for another visa once outside Australia.

That's why I applied for the Student Visa in July because I really wanted to study while I used to live in Australia. I applied as Assessment Level 1, 573; and after 1 month I found out that I am affected by PIC 4014, even though I always tried to do the right thing to be lawful in Australia. Anyway the Student Visa application is not refundable and it has not being rejected yet.. and I got an email from DIAC saying: "request for the waiver of the exclusion period is currently being assessed". 
And they asked if I completed any courses in Australia or overseas and to send the copies of them. I got qualified as Electrical Operator/Electrician after 3 years of study in Italy in 2008. At the moment I am working at my brother-in-law's business, I am getting experience in administration, finance management, etc. related on what I want to study.

I wonder why are they asking me for my previous studies? Will that help on getting the Student Visa? All I know is that my application has not being rejected and they may waive PIC 4014.


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## SarahM (Feb 8, 2011)

I see, I guess it's up to them now to decide if they'll waive the ban or not.

The reason they ask about your previous studies is to find out whether you really want to study in Australia or if you're looking for any excuse to come back. Don't worry I know you want to study, that's just why they ask those questions. You can imagine it would look strange if someone already had a Masters or Phd and wanted to do a Bachelor degree, or if someone wants to study the same thing all over again. 

You should be fine seeing as you are doing a new area of study. I hope the result is a good one


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## Dave87 (Sep 4, 2011)

Thank you for your advice Sarah! 

I hope it all goes well, I have to submit my previous studies until 23 September. I will update you with the outcome.


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## SarahM (Feb 8, 2011)

Dave87 said:


> Thank you for your advice Sarah!
> 
> I hope it all goes well, I have to submit my previous studies until 23 September. I will update you with the outcome.


Good luck, hopefully it will be good news to tell


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## Dave87 (Sep 4, 2011)

SarahM said:


> Good luck, hopefully it will be good news to tell


My request for the Exclusion Period to be waived has been approved


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## SarahM (Feb 8, 2011)

Congratulations!


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## vanwilder (Apr 18, 2012)

Hi Dave,

Good to hear that your waiver was successful.
I have incurred the 3 yr exclusion as well and am now almost 2 yrs into it. Want to go back on a tourist visa to visit friends but have no clue as how to apply for that waiver.

Did you write a separate letter requesting the waiver with your application or did u just lodge a normal app and they DIAC contacts you about the waiver?

Thanks,
Van.


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## vanwilder (Apr 18, 2012)

Hi Dave,

Good to hear that your waiver was successful.
I have incurred the 3 yr exclusion as well and am now almost 2 yrs into it. Want to go back on a tourist visa to visit friends but have no clue as how to apply for that waiver.

Did you write a separate letter requesting the waiver with your application or did u just lodge a normal app and they DIAC contacts you about the waiver?

Thanks,
Van.


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## steevg (Sep 3, 2012)

Well done indeed, I've heard of several students who've had the same issue, and had waivers granted. I got this from another forum, just in case it's of any help to others.

"The right avenure for appeal is to the Immigration Minister (in Australia). You need to compile your appeal in writing and have it processed through the High Commission. Make sure you advise the staff there it is an Appeal to the Minister."

Good luck with your studies.


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## Maggie (Sep 10, 2012)

Hi Steevg,

I have the same issue, but I just left Australia and currently in offshore and trying to get the wavier and apply for a new student visa. Please advise what steps that I need to do. Do I need to appeal to the Minister? 

Thank you very much.


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## steevg (Sep 3, 2012)

Hi Maggie,

I've not had experience of this, so I;m unclear at this stage as to the actual steps you need to take, but this is most certainly the route I'd be taking if you need to appeal. 

It seems there are several others on these forums who have been successful by appealing to the Minister. 

Good luck.


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## Maggie (Sep 10, 2012)

Anyone know what is the procedure to appeal to the Minister? Can the person appeal if he or she is offshore? Please advise. Thank you.


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## Maggie (Sep 10, 2012)

*Appeal to the Minister regarding to student visa within 3 year exclusion period*

Hi Steegv,

Would you please forward the link from the other forum that you were refered to regarding to this issue. I need more information. 
Thank you for your help.

Maggie

QUOTE=steevg;63406]Well done indeed, I've heard of several students who've had the same issue, and had waivers granted. I got this from another forum, just in case it's of any help to others.

"The right avenure for appeal is to the Immigration Minister (in Australia). You need to compile your appeal in writing and have it processed through the High Commission. Make sure you advise the staff there it is an Appeal to the Minister."

Good luck with your studies.[/QUOTE]


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## dhamal (Nov 26, 2013)

*3 year excusion period*



vanwilder said:


> Hi Dave,
> 
> Good to hear that your waiver was successful.
> I have incurred the 3 yr exclusion as well and am now almost 2 yrs into it. Want to go back on a tourist visa to visit friends but have no clue as how to apply for that waiver.
> ...


Hi Pen cheng,
I am currently overseas as a result of withdrawal of 835 onshore application. I was a secondary applicant in that application. Because we divorce, I withdraw my application on 5April 2013 while I was in australia and Case officer sent an e meil to my MARA agent on 8 April 2013 notifying me to leave Australia within 28 days.Unfortunately my MARA agent forgot to frward that e mail and he forwarded me on 13 may 2013. I went to immigration on 14 may 2013 and explain my situation. They have granted me Bridging visa E untill 29 may 2013 and I left Australia on 25 May 2013.
Now I am planning to apply for 457 from overseas, I would like to know whether I am affected by 3 year excusion period or not?
Thanks in Advance
Regards
Dhamal


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## usamah51 (Dec 11, 2013)

I am applying student visa from Pakistan. I previously came from Australia after studies and passed all .but now when I applied for further higher studies, my case is somehow coming under the clause 4014 Public interest criteria, and the 3 years period before grant. IF somehow I still want the visa, I need to provide compelling circumstances affecting interests of Australia OR compelling or compassionate circumstances affecting the interests of an Australian citizen, permanent resident etc. 
Please help me as to what compelling circumstances should I mention. ?
Please reply soon......
And also clause 4014 is imposed if you overstay the 28 days period without a visa, BUT I have the bridging visa for those 28 days that they are missing. I am confused as whether to provide the compelling circumstances OR the bridging visa copy if I failed to send it the first time OR BOTH. Please Advise, HELP................ (but still they must have all the info. about the bridging visa in their database ???


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## CollegeGirl (Nov 10, 2012)

Was it a Bridging Visa E? If you were on a BVE, that's what they give you when you are in the country illegally but planning on leaving or applying for another type of visa. If you leave the country while on a BVE, the three-year ban is automatic. Unless you have an Australian partner or child already (and I imagine you would have mentioned that), you're highly unlikely to qualify as having compelling or compassionate circumstances. You may want to talk to a professional migration agent just to make sure.


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## usamah51 (Dec 11, 2013)

According to the information I have gained from websites and from the document from immigration, the 4014 - 3 years ban is imposed if you do not apply for another visa or any bridging visa whether E within 28 days of your original visa cease date. But they have missed a document because I have all the BVE's. I obtained 3 because I couldn't make the departing arrangements


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## usamah51 (Dec 11, 2013)

CollegeGirl said:


> Was it a Bridging Visa E? If you were on a BVE, that's what they give you when you are in the country illegally but planning on leaving or applying for another type of visa. If you leave the country while on a BVE, the three-year ban is automatic. Unless you have an Australian partner or child already (and I imagine you would have mentioned that), you're highly unlikely to qualify as having compelling or compassionate circumstances. You may want to talk to a professional migration agent just to make sure.


According to the information I have gained from websites and from the document from immigration, the 4014 - 3 years ban is imposed if you do not apply for another visa or any bridging visa whether E within 28 days of your original visa cease date. But they have missed a document because I have all the BVE's. I obtained 3 because I couldn't make the departing arrangements


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## CollegeGirl (Nov 10, 2012)

All I can tell you is that I've seen migration agents on this site say that if you leave the country on a Bridging Visa E the three-year exclusion is automatic. It sounds like that's exactly what happened to you. Like I said, if you want to be sure, talk to a professional migration agent.


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## Homer (Dec 11, 2013)

Van,
Depends which country you are from. Check their website to see if your country falls under ETA or E600 legibility. You can still apply for tourist visa during your 3 year ban, however you have to write a separate letter stating your reasons for coming back to oz aka compassion compelling letter that affect oz citizen etc. hope that helps.

Homer


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## usamah51 (Dec 11, 2013)

You might be right, but according to my agent and the document I received from immigration, it stated " you cannot apply for 3 years because your application falls under the category of 4014, under the circumstances that you left the country on a BVE but this BVE was obtained after the 28 day period which imposes the 3 years exclusion period.
You sound like you are more experienced in this matters, I might be wrong, but please could you just spare a minute or two with any agent you might know of, and ask him/her about the exclusion period, whether it is imposed due to applying for a visa after 28 days, or is it due to a BVE.
Please you would greatly help me, if you can.....


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## usamah51 (Dec 11, 2013)

CollegeGirl said:


> All I can tell you is that I've seen migration agents on this site say that if you leave the country on a Bridging Visa E the three-year exclusion is automatic. It sounds like that's exactly what happened to you. Like I said, if you want to be sure, talk to a professional migration agent.


You might be right, but according to my agent and the document I received from immigration, it stated " you cannot apply for 3 years because your application falls under the category of 4014, under the circumstances that you left the country on a BVE but this BVE was obtained after the 28 day period which imposes the 3 years exclusion period.
You sound like you are more experienced in this matters, I might be wrong, but please could you just spare a minute or two with any agent you might know of, and ask him/her about the exclusion period, whether it is imposed due to applying for a visa after 28 days, or is it due to a BVE.
Please you would greatly help me, if you can.....


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## usamah51 (Dec 11, 2013)

Homer said:


> Van,
> Depends which country you are from. Check their website to see if your country falls under ETA or E600 legibility. You can still apply for tourist visa during your 3 year ban, however you have to write a separate letter stating your reasons for coming back to oz aka compassion compelling letter that affect oz citizen etc. hope that helps.
> 
> Homer


Homer, could you tell me what might be those compelling circumstances affecting the interests of Australia (some general ones) if I am still applying for higher education visa. I am applying from Pakistan by the way. My last trip was purely educational, was not involved in any other activity and scored good grades. Is that worthy of mentioning in compelling circumstances ?


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## usamah51 (Dec 11, 2013)

CollegeGirl said:


> All I can tell you is that I've seen migration agents on this site say that if you leave the country on a Bridging Visa E the three-year exclusion is automatic. It sounds like that's exactly what happened to you. Like I said, if you want to be sure, talk to a professional migration agent.


And also, by checking the documents that I have , I applied for a bridging visa before the 28 days period, but they are saying that I have not applied for the BVE before the 28 days. How is that possible, because I have proof of Australian immigration (the bridging visa paper), and they must have it in their database or records. Is it possible that they might have missed the document ... ?


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## CollegeGirl (Nov 10, 2012)

usamah51 said:


> You might be right, but according to my agent and the document I received from immigration, it stated " you cannot apply for 3 years because your application falls under the category of 4014, under the circumstances that you left the country on a BVE but this BVE was obtained after the 28 day period which imposes the 3 years exclusion period.
> You sound like you are more experienced in this matters, I might be wrong, but please could you just spare a minute or two with any agent you might know of, and ask him/her about the exclusion period, whether it is imposed due to applying for a visa after 28 days, or is it due to a BVE.
> Please you would greatly help me, if you can.....


You might try sending a private message to Mark Northam here on the forum.


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## Jian1990 (Jan 19, 2014)

Hi Dave,
I am right now on the same situation as you had. I really need to know how did you explained the compelling reason to help your exclusion period got waived. Me too, wanna come back to study and finish my degree. Thank. You 
Bonnie


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## neoanderz (May 22, 2014)

Dave87 said:


> My request for the Exclusion Period to be waived has been approved


Hi Dave, Im in the same situation. Please tell me what was the procedure of getting the ban waived?

Thanks


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## usman101 (Jul 20, 2014)

*Hi Bro,*

I am in a very similar condition as you experienced before. i am a current student at university of Canberra and had 573 visa for 2 years but i was unable to complete my degree within given visa time then i overstayed my visa by just 31 days and i tried to apply online on 26th day but system said i can apply in person only and next day and 28th day were public holidays and all this happened due to a miss-understanding that i wasn't suppose to apply online and now i am in Pakistan and going to apply for student visa 573 tomorrow morning with assessment level 1. I just want to complete my degree no matter what conditions they put on my visa. kindly help me out by telling me what should i mention in application for wavier of re-entry ban? I was told at DIBP office at canberra that it will easier for me to get a visa off shore. my case is so similar to urs pls guide me. thanks


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## brethart (Nov 14, 2013)

usman101 said:


> I am in a very similar condition as you experienced before. i am a current student at university of Canberra and had 573 visa for 2 years but i was unable to complete my degree within given visa time then i overstayed my visa by just 31 days and i tried to apply online on 26th day but system said i can apply in person only and next day and 28th day were public holidays and all this happened due to a miss-understanding that i wasn't suppose to apply online and now i am in Pakistan and going to apply for student visa 573 tomorrow morning with assessment level 1. I just want to complete my degree no matter what conditions they put on my visa. kindly help me out by telling me what should i mention in application for wavier of re-entry ban? I was told at DIBP office at canberra that it will easier for me to get a visa off shore. my case is so similar to urs pls guide me. thanks


Fellow,

As advised by CollegeGirl & other seniors here your case seems a bit sensitive, you are highly recommended to consult with a professional MARA registered agent to tackle your case.

Instead of asking here again & again, if I were you I would have spent few bucks on a quality agent to improve my chances of success.

I am not being offensive here, just trying to give u a sincere suggestion. No one here would be able to guide u accurately unless your case is analyzed from all aspects by an expert...

So don't waste money by applying for a visa unless u r able to provide reasonable explanation to DIBP to overturn their decision...

Btw, I m too Pakistani & won't consider it necessary to reveal my nationality, especially if I did something wrong... Hope u r smart enough to grasp what I mean...

Take care buddy.

Best,
Bret


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## usman101 (Jul 20, 2014)

*Hi Bret,*



brethart said:


> Fellow,
> 
> As advised by CollegeGirl & other seniors here your case seems a bit sensitive, you are highly recommended to consult with a professional MARA registered agent to tackle your case.
> 
> ...


Thanks for your response, although it is utterly useless for me or anybody else but still many many thanks for your time. I am already getting legal advise from a MARA registered agent and have already submitted my visa application. apart from that you talked about revealing my nationality, Bro there is a small flag right in front of my username at the top of this post so its an open secret. and i really don't want to be that smart. If i can't share and discuss my problem here "again and again" then can you please explain the purpose of this forum? 
Instead of posting useless stuff**~*@!*! here again & again, if I were you I would have spent few bucks on a quality doc to get my brain fixed.


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## brethart (Nov 14, 2013)

usman101 said:


> Thanks for your response, although it is utterly useless for me or anybody else but still many many thanks for your time. I am already getting legal advise from a MARA registered agent and have already submitted my visa application. apart from that you talked about revealing my nationality, Bro there is a small flag right in front of my username at the top of this post so its an open secret. and i really don't want to be that smart. If i can't share and discuss my problem here "again and again" then can you please explain the purpose of this forum?
> Instead of posting useless stuff**~*@!*! here again & again, if I were you I would have spent few bucks on a quality doc to get my brain fixed.


haha...nice one bloke... I really like that brain fix thing.

Indeed, no one can stop you from asking questions here and this is the purpose of this forum. But the question u r asking should have enough info to give complete picture to the audience. You never said in your previous posts that u were using a registered agent.

If you have overstayed, it does not matter whether you overstay for "just 31 days" or for a day, you have violated the immi rules.

I don't wanna go into the depth but if u r disclosing your nationality it in fact becomes your moral obligation to ensure that you r safeguarding your country's esteem.

Lets take it that way, what would it leave on 3rd person's mind when he/she witnesses same sort of poorly drafted questions from your native nationals with issues like criminal conducts, visa violation, false info to immi authorities, deportation and fake documents submission???

It would definitely have negative impact on your country's rating & its perception. Sorry but that's a bitter truth.

Anyways, I don't wanna waste further on this ridiculous conversation. But a quick & a concise suggestion: Take criticism positively and try to look into someone's concerns instead of flashing your anger!

Best of luck with your application!

Regards,
Bret


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## CollegeGirl (Nov 10, 2012)

Okay, let's take it down a notch, please, and just let this type of conversation end. If anyone has any questions/answers related to the original topic, you can of course ask them. Thanks.


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## brethart (Nov 14, 2013)

CollegeGirl said:


> Okay, let's take it down a notch, please, and just let this type of conversation end. If anyone has any questions/answers related to the original topic, you can of course ask them. Thanks.


Affirmative...


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## brethart (Nov 14, 2013)

Btw saw your pix *CollegeGirl*, they r just awesome... Many many congrats on receiving the grant.

What an exciting moment,isn't it?

Remember us in your prayers too !

Best,
Bret


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## CollegeGirl (Nov 10, 2012)

I'm not religious at all, sorry Bret, but I'll keep my fingers crossed for both you and usman.


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## brethart (Nov 14, 2013)

CollegeGirl said:


> I'm not religious at all, sorry Bret, but I'll keep my fingers crossed for both you and usman.


Prayer is prayer (like a wish) sweetie irrespective of the fact whether u follow religion or not... U don't need a specific religion or need to be religious to do that at all!

And for Usman,

I do apologize if my words hurt him!

Cheers...

Best,
Bret


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## klmnops (Aug 9, 2015)

usman101 - wondering if you have any updates for us as to whether you were successful with this? 

Thanks!


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## Taim (May 31, 2016)

*HI*

Hi Dave. I am glad to know your decision was made. If you have time I need some help as well. I know some one very dear to me who had to leave Melbourne due to the overstayed visa and now has been imposed a three year ban. I am heart broken and I am unable to cope I am sure you can understand how it feels.

I am looking forward for you response in this matter. I would like you help.

Thank you 
Taim



Dave87 said:


> Hi,
> I recentely was told by DIAC that I am subject to 3 year exclusion period due to overstay in Australia in my last visa.. I am very confused about that because I was very careful by not overstaying in Australia when I used to live there. Before I left Australia I was told by DIAC that I do not have the 3 year exclusion period and that I can apply for a visa once I am outside Australia. One of the things I wanted to do in Australia was to study so that's what I am trying to do on getting the Student Visa.
> 
> I applied for Student Visa, to do a bachelor in Banking & Finance, and I got an email from DIAC saying that I am subject to 3 year exclusion period and the request for the waiver of the exclusion period is currently being assessed. They asked if I completed any courses in Australia or overseas and to send the copies of them.
> ...


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