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Re-Entry Ban

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  • Re-Entry Ban Overview

    An Australian re-entry ban is basically one which penalizes someone from overstaying a visa and prevents them from being able to return for a certain amount of time.  However, you will only get one if you break the rules of your visa, so you don’t necessarily have to live in fear of facing this penalty.

    On the other hand, it is your responsibility to know and follow the rules of any particular visa that you have.  If you don’t feel you fully understand, or have any other questions about your status, don’t hesitate to contact our experts at The Migration Place.

    Re-Entry Ban Visa Types

    If there is any good news about an Australian re-entry ban, it is that they are only for the holders of temporary visas.  Permanent visa holders still have penalties they can face for breaking any laws or immigration rules, but they are different.

    How to Get an Australian Re-Entry Ban

    Basically to get a re-entry ban, a temporary visa holder has to overstay their visa for more than 28 days.  In most cases, the immigration authorities don’t discover that this has been done until the holder is leaving the country or applying for another visa.  Also, the main penalty of a re-entry ban is that it prevents you from getting another temporary visa for three years.

    Australia Visa Cancellation

    In addition to having a re-entry ban, there are also actions that can cause you to lose a visa altogether.

    Basically, An Australia visa cancellation usually occurs for one of four main reasons.  First, if you are discovered to have provided false information or documents during your application process, you might be about to see an Australia visa cancellation in action.  Second, they can be cancelled if you worked while on a visa that didn’t allow you to.  Third, someone who is on a student visa but doesn’t manage to stay enrolled in school can have their visa cancelled.  The fourth main situation is when someone is discovered to not really be a student or tourist, but they are holding a visa for that purpose.

    Certain cancellations can result in even more severe penalties, and it’s possible that you could be permanently banned from Australia (although these situations are rare and are generally the result of a serious crime).

    Removing a Re-Entry Ban

    Unfortunately, it is basically impossible to remove a re-entry ban once it has been set in place, and the only real possibility is to wait for the three year time limit to expire.  However, in very special circumstances, it can be set aside for a temporary visa.  But, you have to prove that it’s absolutely necessary that the person holding the re-entry ban be able to travel to Australia because of some issue with an Australian citizen or permanent resident.  In other words, unless there is something extremely bad happening to a family member or close friend who is legally in Australia, the likelihood of getting a temporary visa at this time is close to zero.

    On the other hand, if you do find yourself in a situation like this, we highly recommend engaging the services of an immigration expert.  Their experience can know what sort of situation is usually approved by the immigration officials, and they can help you present it in the way most likely to get this response.

    Bridging Visa

    Sometimes you end up in situations where it’s impossible not to break the rules of your visa.  In these cases, you can often get a bridging visa to prevent an illegal stay that would otherwise result in a re-entry ban.  A bridging visa connects two visas in some way, and there are many different types.  One example is a visa that will expire before the next is issued because of slow processing times (such as a work visa for a student who has finished their studies), so the holder will illegally be in Australia during the wait time.

    However, if you receive a bridging visa more than 28 days after the initial visa expired, you can still be given an Australian re-entry ban.

    Immigration Impact of Re-Entry Ban

    One final fact to note is that an Australian re-entry ban doesn’t automatically exclude someone from getting a permanent visa.  On the other hand, it’s wise to be very careful if you may be seeking long-term status in the future because the immigration officials often take past behavior into consideration during the decision making process.