Re-Entry Bans | BMS Global

Re-Entry Bans

We have been coming across situations various times when applicants have been enquiring about re-entry ban, what is it, how long it will in operation, why re-entry ban, can they apply for certain types of visas either from Australia or outside of Australia and so on.

 

Many overseas visitors, students and temporary visa holders get an opportunity to come to Australia and then they do not return to their home countries and either become unlawful or have applied for another kinds of visas and their visas were refused or cancelled and then they have appealed to the AAT, and received affirmation of DIBP Decision and then applied an appeal to Hon Minister for Immigration and finally ended up nowhere. Such candidates will have no-entry bans and may be limited to apply only certain kinds of visas either in Australia or outside Australia.

 

A re-entry ban, also known as an exclusion period, means a person may not be permitted to return to Australia for up to three years. A re-entry ban may be imposed where a person significantly breaches their visa conditions. In certain cases condition 4020 may prevent candidates for longer period up to 10 years to re-enter Australia. Most visas carry 4020 conditions and it is about submitting bogus documents or fraud with Dept of both or anything which has been found Dept not in order or relevant with their visa applications.

 

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 Immigration and Border Protection; you were found to have worked in breach of your visa conditions; you are a student and have not maintained appropriate enrolment; and you are found not to be a genuine student or tourist.

 

Does the re-entry ban apply to all visas?

No, re-entry bans are only imposed on most applications for temporary visas. The ban does not prevent you from seeking a permanent visa, though the department may consider your immigration history when making future immigration decisions.

 

Can a re-entry ban be removed?

No, a re-entry ban cannot be removed. If you apply for a temporary visa and you have a re-entry ban, you may request to have the re-entry ban put aside for that application only. You must write to the department and explain why you think it should be put aside. Requests will only be considered if you can prove there are compassionate or compelling circumstances that affect the interests of an Australian citizen or permanent resident. The department must be satisfied there is a strong reason to justify granting a visa before the end of the re-entry ban. If not, your visa application will be refused. If the re-entry ban is put aside, you will still need to meet all the other criteria for the visa, including health and character requirements, for it to be granted.

 

How do I avoid a re-entry ban?

If you have complied with the conditions of your visa and maintained a valid visa while in Australia you are not at risk of a re-entry ban. It is your responsibility to know what your visa allows you to do while in Australia and your visa’s expiry date.

 

What if I depart Australia with a bridging visa?

If you have continuously maintained a valid visa while in Australia, a re-entry ban will not apply. If you hold or have held a Bridging visa C, D or E that was granted more than 28 days after your substantive visa expired (such as a student or tourist visa), a three-year re-entry ban may apply.

 

How can I find out if a re-entry ban applies?

You can contact the department for information about your immigration status. You may have to fill in a form or call Dept on 131 881 and ask for further information about your re-entry ban.

Our processing fees vary case to case and are subject to the complexity of the case and amount of work involved. We also offer initial consultations for those who want to better understand the visa process and their options, after which we will advise of our charges if you wish to proceed with us. Consultations cost from A$100-$200 or more depending on the complexity of the case.

 

How BMS Global Can Assist You

BMS Global can assist you in appealing your re-entry ban by providing the following immigration services:

  • We will liaise with the Department of Immigration and Border Protection on your behalf, managing all correspondence and requests they put to us
  • We will provide advice relating to the your migration goals for your selected visa category
  • We analyse current Immigration Law relating to your nominated visa category and keep you informed of any changes to Immigration Law that will affect your application as Australian Immigration laws are complex and frequently changing and should be constantly analysed
  • We assist in the completion and checking of the relevant application forms
  • Providing advice and assistance relating to documentation required to support the application
  • Prepare any necessary supporting submissions to the Department of Immigration and Border Protection
  • Submit or lodge your application to the relevant Assessing Authority or Department for processing as soon as possible.
  • Wherever possible, supply any further documentation or information requested by the Department on receipt of documents from the applicant.
  • Wherever possible, assist you to comply with any request made by the Department

 

Please feel free to contact us anytime suitable to you and we can discuss with you your options and the costs involved in appeal your re-entry ban.