CJT

Hello all,

Thank you for taking the time to read this.

My friend, went to Australia this summer on a Visitors visa. He started out in Queensland where he stayed for a few weeks. He was refused entry at New Zealand for insufficient funds, he then flew to Victoria where his sibling lives only to be refused entry for what was deemed to be breaching his visa.

-When in Queensland he undertook some voluntary work in exchange for food and accommodation/homestay- He was not paid for ANY of it.

On entering Australia- he was asked about his plans and said what his intentions where however in Victoria it was deemed he breached his Visa conditions.

My friend is absolutely distraught and in no way intended to breach his visa. He could have went straight to his sibling for the whole trip. Instead he is currently on a plane home to the UK.

My question(s) for anyone who can offer any advice or assistance is;

Can he apply for a visitors visa/ sponsored visitors visa through London so that he can go and see his family in Victoria?

Can he speak to someone in London regarding his case?

Any help or advice would be appreciated.

Regards,
CJT

Bermudashorts

Well he did breach his visa. Quite clearly he did.

His payment was in form of food and lodging ... even if that had not been provided, he was on a tourist visa and not allowed to work.

Has he been banned for three years? My advice would be for him to take it on the chin, let some time elapse and in future not breach his visa conditions.

CJT

Thank you for your quick reply.

I will edit above post. Under faqs of e-visitor visa, it discusses voluntary work and he thought he fitted that criteria. Obviously not and he breached his visa.

I gather you think it's just best to move on, forget about it and consider going to see he sibling in three years?

Yes, in our phone call he mentioned the three years, but also Immigration told him if he wanted to try again before hand it would have to go through London?

Hence, my question regarding London.

Again, thanks for the quick reply.

CJT

old.sparkles

This is what is mentioned on DIBP site -

I guess that since on his first entry he went to QLD and not VIC, did the work and left for NZ, it could be deemed that his main purpose was not tourism. It's possible that the work he did was also normally have been done by an Australian resident in return for wages.

I agree with Bermudashorts - your friend should chalk it up to experience, wait out any ban, then if he wants to visit family, he should do that and not engage in any work, voluntary or not.

BritInParis

He can make an application for a tourist visa at Australia House but if there's a three year ban in place it's unlikely to be granted. The only way to find out for sure would be to lodge an application and let a case officer make their assessment. Beyond that it will be a case of waiting out his ban.

Bermudashorts

Yes, that is what I think, especially now you have confirmed the three year ban. His sibling can come to see him or they can meet up in a third location.

CJT

Thank you all for your responses.



They said he can still apply for certain visas, although they will take immigration history into account but I suppose that's something.

Depending on the cost, he might also try London but from the response here at least he's prepared for the most likely outcome if he wants to go down that avenue.

Failing the above, he can forget about it and in 3 years plan another visit to Australia.

Thanks again. It was great to get such a quick response.

Bermudashorts

When somebody has a ban, they might be successful with a permanent visa application, like a partner visa. But it is very unlikely that they would be successful with another tourist visa application.