Could You Be Facing A 3 Year Ban From Returning?

Visa cancelled? Left Australia on a Bridging Visa C, D or E?

Did you know that if you had your visa cancelled or left unlawfully, you would be considered a risk factor and would be facing a 3 year ban from applying for any other temporary visa? Nope, you can’t even return to vacation in Australia. Rough, huh?

There really isn’t a warning on any of your grant notices as the conditions – PIC 4013/4014 – are actually conditions to satisfy for the grant of any future temporary visa. What are temporary visas? These encompass (but are not limited to):

  • Visitor 600 visa
  • Student 500 visa
  • Temporary work (skilled) 457 visa
  • Prospective marriage 300 visa
  • Working holiday 417/462 visa

Applications for permanent visas do not require a satisfaction of PIC 4013/4014. If you are applying for a two stage visa (provisional leading to permanent) such as partner and parent visas, you are thankfully considered as applying for a permanent residency and excluded from the reach of PIC 4013/4014. However, unless you’ve already had your visa cancelled or left unlawfully, don’t take the risk. Don’t adopt a “but I still have options” mindset.

PIC 4013 relates to cancelled visas, while PIC 4014 relates to leaving unlawfully. If you have a visa that does not allow you to travel out and return, namely bridging visas C, D or E, leaving would make you liable to be affected by PIC 4014.

A negative visa decision does not make you unlawful unless you outstay the time period you are granted after the visa decision to depart, but stay beyond this point and you would become unlawful as you would no longer hold a substantive visa.

There are exclusions of course, but these apply to only very rare cases under very specific conditions. As there are other conditions that apply to different visas, you can pretty much assume that if you have overstayed, have had your visa cancelled, or left whilst on bridging visa C, D or E, you will have to leave Australia without being able to apply for another visa, and are not going to be able to return on a temporary visa for the next three years. Compelling and compassionate reasons may get you out of this tangle but at this point your visa history would not be looking very desirable to the department.

Don’t be silly! Adhere to the conditions on your visa and don’t get flagged for being a risk factor. Sometimes DIBP officers may misinform people when they cancel their visas saying,”don’t worry when you get home you can apply for a new one”, this actually is false much more often than not.

30517-AILS

 

Zoe He
Senior Migration Agent, Australian Immigration Law Services
MARN 1464926

5 thoughts on “Could You Be Facing A 3 Year Ban From Returning?

  1. hi how can you find out if you have a 3 year ban? does immigration send you a letter ? or do you get told when you are departing australia? thanks polly

    Like

  2. I left Australia on bridging visa E and I got 3 year ban til 9th December 2017.
    Is there any chances to get student visa after the ban period finished

    Like

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