A re-entry ban, also known as an exclusion period, means a person may not be able to return to Australia for up to three (3) 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
- Your visa is cancelled because:
- You provided false documents or false information to the Department of Home Affairs.
- You are considered to be a risk to the health, safety or good order of the Australian community.
- You are convicted of an offence against a law of the Commonwealth, or a law of an Australian state or territory.
- You are found to have breached a visa condition, for example, you worked when your visa had a no work condition.
- You hold a student visa but have failed to maintain appropriate enrolment, breached another visa condition, or have been found not to be a genuine student.
- You hold a visitor visa but were found not to be in Australia as a genuine visitor.
Avoid a Re-entry Ban
Make sure you know when your visa expires and what your visa conditions are. Check your visa expiry date and conditions in VEVO or your visa grant letter.
If the Department of Home Affairs cancel your visa they will tell you what exclusion period that they have applied to you.
Contact Nevett Ford Lawyers if you want to apply for a new visa outside Australia and you don’t know whether an exclusion period applies to you.
Seek a Waiver of Your Re-entry Ban (Exclusion Period)
For Temporary Visa Applications:
The Department of Home Affairs will not remove a re-entry ban, but you can ask that it be set it aside if you apply for a new temporary visa.
This requires an explanation (in writing) as to why the Department should put the ban aside. You must show that there are compassionate or compelling circumstances to put aside your re-entry ban and grant you the visa.
Submit your written explanation when you lodge your visa application. You can also submit it after you apply but before the Department makes a decision.
For Permanent Visa Applications:
You can still apply for a permanent visa if you have been banned from re-entering Australia. The Department will consider your immigration history when they make a decision on your application.
Legal advice and assistance with a waiver request is highly recommended and Nevett Ford Lawyers can assist.
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Nevett Ford Lawyers Melbourne
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Nevett Ford Lawyers can assist with all migration law and visa matters.