HELP!!! i have an application ban!

Application ban

Waivers, Re-Entry Bans and other minor ​but MAJOR details to note –

For most people, the simple equation to check if you qualify to make an application for a visa is simple…

Do I have a clear immigration, health and character history?  YES = Yes you can lodge and be granted a visa. 

​But what happens if your answer is NO?
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Answering NO does not automatically disqualify you from applying or being granted a visa.  What it does mean is that you will have additional items to address – and if you can overcome these things, then your application will move forward.

What does Immigration History mean? ​

​If you have ever had a visa refused or cancelled; or if you have overstayed your visa (expired) or you departed Australia whilst on a Bridging Visa C,D, or E then you most likely do not have a clear immigration history – something at sometime has gone a little wrong and most likely you have some sort of bar or exclusion period applied to you.  You are best to seek the assistance of a registered migration agent to assist you on your next application.

What does Health History mean?  

Simply – are you of good health? Yes, then there should be no issues.  However, if you have now, or had in the past, medical issues that required treatment via ongoing medications and could incur substantial costs it is best you discuss your case with an agent.  Most visas will require that you undertake a medical examination, and at times a visa can be refused based around your medical condition. 

​What does Character History mean?  

Australia wants to ensure those that are entering the country are “good” people. All criminal issues should be declared, however minor you think they are. If you have gone to court, you should declare.  Fines are not considered.  If you wish to discuss your case, speak with a Registered Migration Agent, they are bound by confidentiality and Privacy laws, so you can speak freely about your situation.  They can assess your case and discuss the threshold of what is considered being of good or not good character.
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What laws, regulations or conditions could be imposed and restrict you from lodging or being granted another visa?

​The most common are: 

• Condition 8503
• Public Interest Criteria 4014, 4013, 4020
• Schedule 3 Partner visa

CONDITION 8503 “NO FURTHER STAY”

This is imposed on your visa and does not allow you to lodge for another visa whilst you are in Australia – expect for a Protection Visa.

You can request this be waived in order to lodge another visa whilst in Australia only if there is a major change in your circumstances.

The change must be something that is out of your control; in a manner that you could not have prevented or stopped it.

For example – you are unable to travel due to a medical episode; there has been a major incident in your close family; there has been a natural disaster, war or civil unrest in your home country that came about whilst you are in Australia…. The list is not exhaustive; but this is where a migration agent can certainly review your case and make an informed opinion.
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A waiver request should be lodged as soon as possible, do not wait for your visa to expire.  If your visa is due to expire and a decision has not been made, you should look to departing as you will become unlawful without a visa. If this happens, again, speak with an agent who can help you.  It is always your responsibility to ensure you have a valid visa for the whole of your stay in Australia.

PUBLIC INTEREST CRITERIA 4014, 4013 & 4020

These are items that will restrict you from being granted another visa.  This is better known as a “re-entry ban”.  It does not apply to all visas.

PIC 4014 relates to your departure from Australia when you did not hold a valid visa to do so (unlawful departure) or you left whilst holding a Bridging Visa E, D or C.

PIC 4013 relates to a previous visa that was cancelled.

PIC 4020 relates to a current application being lodged or a previous application where false information or bogus documents have been provided to the Department.

Having one of these PICs imposed on you means that you may be subject to an exclusion period from being granted a visa – you can still make an application but you will need to request a waiver of the PIC in order to then be granted the visa.  An approved waiver will only apply to that specific application.
A request to waiver must be made at the same time as the application.  The waiver will need to demonstrate that compelling circumstances affect the interests of Australia (as a country); or there are compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand Citizen.
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Should the waiver NOT be approved, the visa will be refused and there will be no refund of the application fee.  As you can see, it is very important you have a migration agent assist you with this process if you know or believe you are subject to a PIC.

SCHEDULE 3 FOR AN ONSHORE PARTNER VISA

When applying for a Partner visa in Australia, generally this is done whilst you are validly holding a substantive visa (eg visitor visa, work visa, student visa).  But it is also a visa that can be applied for even if you have overstayed your visa and are therefore unlawfully in Australia or you are holding another type of Bridging Visa.

If this is the case, then some additional criteria do need to be met to be granted the visa. 

At a basic level these are compassionate and compelling reasons that convince the Department there is no way that you can go overseas to lodge this visa offshore and to wait there whilst it is being processed.  Failure to do this will mean that the visa is refused.  This can be costly considering that, as of today, an onshore Partner visa is over $9000 and seeking review of the decision will cost another $3000+ and 2-4 years will have passed. 
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​A good migration agent will review your case and help you determine if its actually better for you to depart to lodge offshore, where Schedule 3 does not need to be met and you will not be subject to a re-entry ban based on PIC 4014.  You may even be back in Australia before an onshore application would have been decided!

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As you can see, there are many minor details that are not readily known to those who are not registered migration agents.  This is why it is essential to seek your immigration information from a registered MARA agent who studies and keeps up to date with immigration laws.  They are passionate about what they do and have made it their career.  Do not rely on your neighbour, friend, cousin or boss!  They are not qualified to guide you through your immigration journey. 

Contact Great Australian Migration as soon as you can to ensure you have the best advice and strategy.  Investing in a paid personalised consultation is money well spent!