PERIOD OF EXCLUSION OR BAN ON RE-ENTRY
Re-entry bans, also called exclusion periods, can prevent someone from entering Australia for up to three years. A person who violates the terms of their visa may be subject to a ban on re-entry.
- Re-entry will be prohibited if: your visa overstay is greater than 28 daysYour visa has been revoked due to:
- You gave the Department of Home Affairs forged documents or false information.
- You pose a threat to the wellbeing, safety, or law and order of the Australian community.
- You have been found guilty of breaking a Commonwealth law or a state or territory law in Australia.
- if you are discovered to have violated a visa requirement, for instance
- worked when your visa required no work
- You have a student visa, but you haven’t been following the rules.
- enrollment violated another visa requirement or was determined not to be a legitimate student.
Can a ban on re-entry be lifted?
A re-entry ban cannot be lifted, so no. If you have a re-entry ban but want to apply for a temporary visa, you can ask to have the ban lifted just for that application. You must inform the Department in writing of your opinion that it should be tabled. When you apply for the visa or after it has been submitted but before a decision has been made, you can submit a written request to have the re-entry ban lifted.
Requests will only be taken into account if you can show that there are compassionate or compelling circumstances that affect the interests of an eligible New Zealand citizen, an Australian citizen, or permanent resident. Before granting a visa before the re-entry ban expires, the Department must be convinced that there is a compelling reason to do so. Your visa application will be rejected if not.
You still need to meet all other requirements for the visa, such as health and character requirements, in order for it to be granted, even if the re-entry ban is waived for that particular visa application.
How can I prevent a ban on re-entry?
You won’t face a re-entry ban as long as you adhere to the terms of your visa and keep it current while you’re in Australia. It is your responsibility to be aware of your visa’s restrictions and its expiration date while you are in Australia.
What will happen if I leave Australia on a bridging visa?
A re-entry ban won’t apply if you maintained a valid visa the entire time you were in Australia.
A three-year re-entry ban may be in effect if you currently hold or have previously held a Bridging visa C, D, or E that was issued more than 28 days after your substantive visa expired (such as a student or tourist visa).
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