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Old Aug 25th 2013, 3:46 pm   #1
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Default 3 YEAR EXCLUSION PERIOD

Hi,
I went to Australia in 2010 under working holiday to work as an architect for a company. After 6 months, they sponsored me under 442, saying it could lead to a 457 employed visa. However, I decided to leave the company in Nov 2011 as they were making cuts, and decided to go onto my partner's defacto visa. I lodged the application for defacto visa on the 1st of Feb (having been in contact with immigration department throughout this) and on the 22nd of Feb, I recieved an email saying that my previous visa was cancelled. It all made sense.
In May 2013, i decided to come visit my father, he was very ill and since i was still on bridging visa, had to withdraw my application for the fear of unforeseen circumstances if my father didnt get well. I had on numerous occasions, throughout the year and half of a bridging visa, been in constant contact with the department, and 4 days before leaving, had gone to let them know that I have a new british passport to link my application to. And the i heard news of my father, i went to inform them that I had to leave immediately.
Going through immigrations on the way out, a gentleman informs me i may have a 3 year exclusion period, based on my 442 getting cancelled. I was mortified. I was really upset. I had been living there for 3 years, and was planning on returning.
And NO ONE throughout all the correspondence informed me of this possible 3 year exclusion!!
In this time, i have managed to put together my folio to study (itll have to be as an international student) which in turn will help me get a genera skilled visa as an architect, specially as i have worked there on some major projects. I also have a Bachelor of architecture, and everything that I have done has been genuine with no breach of any conditions or compliance.
It made perfect sense that the 442 would be cancelled since i was no longer working with them and had applied for spouse.
Now they're telling me to refer to an embassy and im quite scared as to what to say or do since my entire life has been set up there and i only left with a small wheeler!
please help!
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Old Aug 25th 2013, 4:06 pm   #2
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Default Re: 3 YEAR EXCLUSION PERIOD

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Originally Posted by naveenshakil View Post
Hi,
I went to Australia in 2010 under working holiday to work as an architect for a company. After 6 months, they sponsored me under 442, saying it could lead to a 457 employed visa. However, I decided to leave the company in Nov 2011 as they were making cuts, and decided to go onto my partner's defacto visa. I lodged the application for defacto visa on the 1st of Feb (having been in contact with immigration department throughout this) and on the 22nd of Feb, I recieved an email saying that my previous visa was cancelled. It all made sense.
In May 2013, i decided to come visit my father, he was very ill and since i was still on bridging visa, had to withdraw my application for the fear of unforeseen circumstances if my father didnt get well. I had on numerous occasions, throughout the year and half of a bridging visa, been in constant contact with the department, and 4 days before leaving, had gone to let them know that I have a new british passport to link my application to. And the i heard news of my father, i went to inform them that I had to leave immediately.
Going through immigrations on the way out, a gentleman informs me i may have a 3 year exclusion period, based on my 442 getting cancelled. I was mortified. I was really upset. I had been living there for 3 years, and was planning on returning.
And NO ONE throughout all the correspondence informed me of this possible 3 year exclusion!!
In this time, i have managed to put together my folio to study (itll have to be as an international student) which in turn will help me get a genera skilled visa as an architect, specially as i have worked there on some major projects. I also have a Bachelor of architecture, and everything that I have done has been genuine with no breach of any conditions or compliance.
It made perfect sense that the 442 would be cancelled since i was no longer working with them and had applied for spouse.
Now they're telling me to refer to an embassy and im quite scared as to what to say or do since my entire life has been set up there and i only left with a small wheeler!
please help!
It sounds like when you lodged the Spouse (de facto) Visa application you had already ceased to hold a valid visa? You left the company offering a 442 in November and didn't apply for the Spouse Visa till February?
If that's the case then it looks as if you were here illegally from the November onwards. You can only apply onshore for a Spouse Visa if you hold another valid visa.
Also did you not wonder why by May 2013 you had not heard whether your Spouse Visa had been granted?

You need to talk to a registered agent though, asap. And you need to talk to one BEFORE contacting the Australian High Commission. A Spouse Visa is probably your best chance of getting back inm, assuming you are still in that relationship, as they are sometimes more lenient on family visas, but only an agent could really advise you on this.
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Old Aug 25th 2013, 5:17 pm   #3
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Default Re: 3 YEAR EXCLUSION PERIOD

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It sounds like when you lodged the Spouse (de facto) Visa application you had already ceased to hold a valid visa? You left the company offering a 442 in November and didn't apply for the Spouse Visa till February?
If that's the case then it looks as if you were here illegally from the November onwards. You can only apply onshore for a Spouse Visa if you hold another valid visa.
Also did you not wonder why by May 2013 you had not heard whether your Spouse Visa had been granted?

You need to talk to a registered agent though, asap. And you need to talk to one BEFORE contacting the Australian High Commission. A Spouse Visa is probably your best chance of getting back inm, assuming you are still in that relationship, as they are sometimes more lenient on family visas, but only an agent could really advise you on this.

My visa hadn't been cancelled at all. My company let me have some time to figure out the next step. And I was under the impression that since they were the ones who had sponsored me that they would have to be the person who contacted them? i was quite unaware of dealing with immigrations till I started communicating with them regarding my previous visa and lodgement of spouse visa. An agent there told advised me to lodge one asap, before the cancellation notice so that I would be safe on all grounds. Exactly, so I was able to apply for a spouse visa because I still had a valid 442 that had not been cancelled yet.
I did contact them a few times by visits and they told me it probably still hasnt been appointed a case manager. I also couldnt work, but I appealed for that restricton and they lifted that as well. At that point they still informed me that there had been n case officer appointed.
I got a letter dated 12th dec 2012 requesting more information that I only recieved in April and i got in touch with them straight away informing them that it had gone to the wrong address first and I had finally recieved it and I'll be giving them information asap.
Just as i had gathered all police checks from uk and pakistan and medical, i had to come home and didnt know how long it would take. I just thought id be able to go back because no one had told me about the ban. The relationship has come to a standstill due to my departure.
Now I'm visiting my parents, gotten into unies, have offer letters as well, have my folio, my arch cv t prove everything. I also know that I would like to go back resume my life, primarily as studies and if the relationship resumes well and good. But i dont want to be dependant on that.
I'm in Pakistan and have no idea whether to get in touch with an agent here or one in Australia.
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Old Aug 25th 2013, 7:05 pm   #4
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Default Re: 3 YEAR EXCLUSION PERIOD

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I'm in Pakistan and have no idea whether to get in touch with an agent here or one in Australia.
Doesn't really matter, as long as the agent is MARA registered and preferably has a good reputation.
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Old Aug 25th 2013, 7:09 pm   #5
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Default Re: 3 YEAR EXCLUSION PERIOD

what do you think my chances are? i havent been told in concrete if there is or isnt. they just said refer to embassy. there is no stamp nor any correspondence that solidly states i have an exclusion period. i was told there MAY be one
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Old Aug 25th 2013, 8:00 pm   #6
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Default Re: 3 YEAR EXCLUSION PERIOD

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Originally Posted by naveenshakil View Post
what do you think my chances are? i havent been told in concrete if there is or isnt. they just said refer to embassy. there is no stamp nor any correspondence that solidly states i have an exclusion period. i was told there MAY be one
Wouldn't like to hazard a guess, too complex with too many different visas.
A Freedom of Information application might help, but honestly I would engage a MARA agent and do not approach the High Commission yourself, get them to do it.
They would be able to find out what visas were issued and ancelled when & how, and establish whether a ban can be waived.

There is also a matter of what bridging visa you were on when you left - if it was an A you could not have returned on it anyway, you would've needed to apply for a B before leaving.
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Last edited by Pollyana; Aug 25th 2013 at 8:04 pm.
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Old Aug 25th 2013, 8:07 pm   #7
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Default Re: 3 YEAR EXCLUSION PERIOD

i was thinking of getting in touch with an immigration lawyer. would they be better or migration agents?
yes thats why i havent approached the high commission myself yet.
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Old Aug 25th 2013, 8:17 pm   #8
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Default Re: 3 YEAR EXCLUSION PERIOD

i did not have time to apply for a BVB as it was imperative that i left immediately. if god forbid something would have happened to my father, i do not think i would have been able to forgive myself that i didn't make it back in time because BVB was being processed.
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Old Aug 25th 2013, 8:38 pm   #9
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Default Re: 3 YEAR EXCLUSION PERIOD

Your story is really hard to follow, it would be better explained with bullet points and dates, but I have tried to piece together what I can.

So firstly, if you were on the 442 visa when you applied for another visa then the bridging visa would have only been running in the background, you were not on it. And then when the 442 was cancelled, the bridging visa in the background would also have been cancelled and you would have been on bridging visa E at best, this is the emergency bridging visa. Once you leave on this bridging visa it is not possible to return to Australia, not until you get another substantive visa granted that is.

This doesn't explain the three year ban, but and I am speculating, you seem to take a very casual approach to complying with visa rules and conditions. Your 442 had conditions that you did not comply with by your own admission, the visa does not continue to be valid just because you do not report something. Perhaps your visa breach came to light and you received the ban because of that? As I say, that is just speculation.

Definitely you need good migration advice, I must admit I am not clear what visa you wish to apply for?
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Old Aug 25th 2013, 8:49 pm   #10
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Default Re: 3 YEAR EXCLUSION PERIOD

i was on 442, i then lodged an application for partner visa. once it was lodged, i was informed my bridging visa E will come into effect as soon as my previous 442 is cancelled.
So 442 was then cancelled, I was on BVE, with partner application in process. I then applied for a change in condition to BVE so that I could work. That was granted to.
Now i would like to return to take my architectural studies, as that is what I was working towards, after which I would like to apply for Skilled migration as an architect.
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Old Aug 25th 2013, 8:51 pm   #11
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Default Re: 3 YEAR EXCLUSION PERIOD

*take my architectural studies further
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Old Aug 25th 2013, 10:33 pm   #12
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Default Re: 3 YEAR EXCLUSION PERIOD

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Originally Posted by naveenshakil View Post
i was on 442, i then lodged an application for partner visa. once it was lodged, i was informed my bridging visa E will come into effect as soon as my previous 442 is cancelled.
So 442 was then cancelled, I was on BVE, with partner application in process. I then applied for a change in condition to BVE so that I could work. That was granted to.
Now i would like to return to take my architectural studies, as that is what I was working towards, after which I would like to apply for Skilled migration as an architect.
Ok so this bit is as I thought. You were on bridging visa E, you can apply for working rights on bridging visa E, but you cannot apply for bridging visa B, meaning that once you leave Australia you cannot return until you get another substantive visa in place. Bridging visa E ceased when you left.

This would not leave you with a ban though and as I say, I suspect this could be because you breached the conditions of the 442 visa when you stopped working there but did not tell anyone. Perhaps this came to light and you got a ban.

People can sometimes get bans waived if they apply for a permanent visa, but they are not lifted for temporary visas like a student visa. In your shoes I would certainly want to find out more about this ban, an agent might be able to help you with that. However based on what you have said, it does sound like you breached your visa, so the ban seems reasonable and I expect you will simply need to wait for the 3 years to pass before you can come back to Australia.
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Old Aug 25th 2013, 10:43 pm   #13
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Default Re: 3 YEAR EXCLUSION PERIOD

thank you for the advice i will get in touch with an agent in australia asap! hopefully ill get more information from them.
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Old Aug 25th 2013, 11:09 pm   #14
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Default Re: 3 YEAR EXCLUSION PERIOD

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Originally Posted by naveenshakil View Post
i did not have time to apply for a BVB as it was imperative that i left immediately. if god forbid something would have happened to my father, i do not think i would have been able to forgive myself that i didn't make it back in time because BVB was being processed.
Unfortunately that isn't good enough for DIAC.

In addition to the comments by Bermudashorts, as far as I can see you still seem to think you have a pending application for a Spouse Visa - is the relationship still current?
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Old Aug 26th 2013, 8:50 am   #15
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Default Re: 3 YEAR EXCLUSION PERIOD

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as far as I can see you still seem to think you have a pending application for a Spouse Visa - is the relationship still current?
Quote:
Originally Posted by naveenshakil View Post
The relationship has come to a standstill due to my departure.
Now I'm visiting my parents, gotten into unies, have offer letters as well, have my folio, my arch cv t prove everything. I also know that I would like to go back resume my life, primarily as studies and if the relationship resumes well and good. But i dont want to be dependant on that.
Doesn't sound like it.
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