Having a visa refusal or overstaying the visa can be really frustrating right? You might be thinking that you don’t have any chance. Are you in this situation? Don’t worry, you are not alone. We’re gonna giving you an Australian visa overstay example based from one of our client story.
Case Study: Overstay Australian Visa with 3 Years Ban and Example of How to Appeal Australian Visa Overstay and Refusal
Carla and Chris (both aren’t their real names) had known each other for many years. They first met when they were 13 years of age when Carla’s family had taken her to Australia with them on a business trip and had been invited to have dinner with Chris’s parents who were partners in business with Carla’s father.
Carla had always remained in contact with and close to Chris, and they had visited each other often when their parents would meet in both Australia and Malaysia for business. Carla was 21 now and on Chris’s last visit to her in Malaysia they became more than just friends.
They had liked each other that way for a while now and it was made official in the month of June 2015 when Chris had asked Carla to be his girlfriend. It was easy for Carla’s parents to accept the relationship between Chris and Carla. They knew him well and trusted him like he was their own son and vice versa for Chris’s parents. They loved Carla dearly and treated her like their own daughter, insisting she and her parents stay with them whenever they would visit Australia.
In December 2015 Carla was travelling to Australia to spend time with her new love for Christmas. It was a big deal for Carla, she was travelling alone. Chris had moved out of home and had his own place now so she would be staying with him. It was a magical time for both Chris and Carla, they were like a real couple. They spent every minute of every day together and grew closer and closer.
Soon it was time for Carla to go back to Malaysia and she could not wait until the next time she would be able to see Chris. They had already planned for Carla to visit again in May, it would only be a few more months.
In May 2016 Carla returned to Australia on a 3 month Visitor Visa, it was in the third week of her holiday that she learnt that she was pregnant. In fact she was almost 4 months pregnant and it was only by chance that a routine visit to the doctor for nausea revealed the great news. Carla and Chris were overjoyed and couldn’t have been happier.
They both knew they wanted the baby and wanted to be together so after breaking the news to Carla’s Parents over a video call, Chris asked Carla’s father for permission to marry his daughter.
Carla’s Father insisted they be married immediately, he would not have his grandchild born out of wedlock and that after the baby was born she would need settle in Australia with her husband and baby as it was her duty as a wife and a mother that her child be raised in a traditional family environment with both parents or it will bring shame on the family. And so within a week Carla and Chris became husband and wife in a small ceremony and Carla’s life had been mapped out for her.
On July 16th 2016 just 1 week before Carla was to return to Malaysia to make arrangements and apply for the partner visa offshore she was rushed to hospital with extreme abdominal pain. It was at this time both Chris and Carla were made aware that there were complications with the pregnancy and Carla would need to give birth immediately meaning their child would be born almost 5 months premature.
On July 17th 2016 Kristy Ann was born, 5 months premature and very weak. She was placed immediately into an incubator crib and would spend the first part of her life at the hospital until further notice. During this time Carla’s Parents flew over to be close to their daughter and granddaughter.
Carla spent every moment at the hospital. She had to be there every single day to be able to breastfeed Kristy Ann. On the 23rd July 2016 Carla was supposed to fly out of Australia and back to Malaysia. She had contacted the airline the day before to cancel her ticket as Kristy Ann was still in hospital but Carla did not contact the Department of immigration, her visa had completely slipped her mind.
A month had passed and by this time Carla had now overstayed her Australian visa.
In fact she had not even given it a thought with the baby’s health occupying her mind. Carla thought that all she had to do was contact immigration and have her current visa extended. It was only when they contacted Immigration that Carla was made aware she could not extend her visa at it had already expired and that she had actually overstayed.
The department of Immigration had said that Carla did not comply with the conditions of her Visa and leave the country on the date that she was supposed to. Therefore she may be given a re-entry ban meaning that once she left Australia she would not be able to re-enter for another 3 years and now that she was in the country illegally she would need to make arrangements to leave immediately.
Carla was beside herself with emotion, she couldn’t leave immediately! Her baby was still in hospital and she couldn’t be banned for 3 years either, her baby needed its father and she could not bring shame to her family living separately from her husband.
She did not want to be away from Chris, especially not now. She was devastated. Chris and Carla did not know what to do so they sat down with Chris’s parents over dinner and discussed the situation. Chris and Carla wanted to dispute the 3 year ban, and so Carla wrote a letter to the department of Immigration pleading with them to please re consider, but to no avail.
They were advised that even if the ban was waived Carla would still have to leave the country and apply for another visa offshore. This was not physically possible. She couldn’t leave her baby and she certainly could not take the baby with her, especially being so ill.
They decided to ask for a help from a migration agent.
Chris and Carla sought the help of Indah Melindasari at ONE derland Consulting, an Australian migration agent who specializes in complex cases such as visa refusal and overstay. Indah was able to take over the application for Carla and assist with lodging an application on shore even though Carla had overstayed.
In order for Carla to be able to apply onshore and for chance of approval, Chris and Carla had to submit compelling reasons as to why she should be granted the visa onshore. In Chris and Carla’s case, the compelling reasons for Carla to be granted the visa onshore were a number of things including her genuine relationship with Chris, her baby being born in Australia and the fact that the infant was very sick.
Indah and our team at ONE derland Consulting were able to assist in preparing the submission for compelling reasons and were able to show not only the above, but also that Chris and Carla were in a compelling situation leading her to overstay and the relationship hardship that they would suffer should they be refused the visa.
Australian Visa Overstay Case Study – The Problem
Carla overstayed her visa and had not notified the department of Immigration before her visa expired that she would need to stay longer in Australia due to the compelling circumstances. A 3 year ban was applied and this meant Carla would need to leave immediately and would not be able to apply for another visa for 3 years.
Although she had written to the department to plead her case and they were willing to waive the 3 year ban due to the baby’s circumstance, Carla was still required to leave the country and apply for a new visa offshore.
The solution for Australian Visa Overstay
Carla and Chris seeked the help of ONE derland Consulting. An Australian migration agent who specializes in complex cases of visa refusal, overstay and appeals. They were able to submit a strong case and compelling reasons as to why Carla overstayed and why she should be allowed to be granted the visa whilst onshore. Carla’s visa was granted without any issues, even though she had overstayed a few weeks.
By hiring an agent who specialized in complex cases such as theirs, Carla and Chris were able to understand better the complex migration laws and obligations, they were able to take away some of their worry and focus from their visa issues and concentrate on the baby getting better by allowing ONE derland Consulting to take on the case and take over the application ensuring that their application was strong enough to be approved.
In general, a Re-entry ban cannot be removed.
A request to have a Re-entry ban removed will only be considered by the department if you have compelling and compassionate reasons and those reasons directly affect the interests of an Australian Citizen or Permanent resident. In Carla’s case the ban would have affected her daughters chance of survival and in turn her husband’s mental welfare.
A re-entry ban will also apply, if
- You provided false documents or false information to the Department of Home Affairs (DHA);
- 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.
While you are in Australia you MUST hold a valid visa for the duration of your stay and comply with your visa conditions. If you have overstayed your visa and you do not do anything about it penalties will apply and it could affect the outcome of any visa you may apply for in the future.
Have you overstayed your visa? Are you lost on what to do?
We understand that applying for a visa to Australia is certainly very complicated. It is even more challenging during the COVID-19 Pandemic especially with new temporary visa cancellations in place. Our visa specialists at ONEderland Consulting will help you assess your visa options. We have a 98% success rate and one of the most highly recommended migration agents in Australia. Read our 4.9* scorecustomer reviews.
We are complex visa specialists. As registered Australian migration agentswith theMigration Agents Registration Authority (MARA),we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the Migration Agents Registration Authority.
Take the first step and get in touch with us. Our migration agents are professional, honest and speak various languages such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, Polish, German and Russian.
Contact us through email at[emailprotected]or via phone on1300 827 159. Alternatively, you may book yourconsultation onlineand it is 100% refundable if you become our client.
FAQs
How To Appeal Australian Visa Overstay And Refusal? ›
If your visa request is denied, you have to apply for an appeal at the Administrative Appeals Tribunal (AAT). You can either apply online at the official website of the AAT or send a paper application; online applications are easier to review.
Can I appeal Australia visa refusal? ›If your application for a visa to visit, enter or stay in Australia is refused, you may be able to appeal against the decision. The Migration and Refugee Division of the Administrative Appeals Tribunal (the tribunal) deals with decisions about general visa applications and decisions about protection visas.
Can you get a visa after overstaying in Australia? ›If a person remains in Australia illegally for more than 28 days after their visa has expired, any future application for an Australian visa will be subject to an exclusion period. That means that they will be unable to be granted a visa to travel to or to stay in Australia for a minimum of three years.
Can I get Australia visa after refusal? ›If an Australian visa is refused, the applicant has the right to reapply. However, before reapplying, it is important to evaluate the reasons for the refusal and address the issues that led to the refusal.
How long does visa refusal appeal take Australia? ›If your case is about a refusal or cancellation of a visa under section 501 or about a revocation request under section 501CA, the Tribunal must make its decision within 84 days (or 12 weeks) after the day on which you were notified of the decision.
How often are visa appeals successful? ›Recent figures show that over 50% of appeals to the immigration tribunal are now successful.
What is the main reason for visa refusal Australia? ›Lack of Financial Support Proof:
The applicant needs to satisfy the Department of Home Affairs by providing enough documents of financial stability. It is one of the major reasons for Australian Visa refusal.
If you're a visa holder and you remain in the United States past the “admit until date” listed on your Form I-94 (also called the “Arrival/Departure Record”), you are overstaying your visa. If this happens, you can get visa overstay forgiveness by applying for a waiver.
What is the penalty for overstaying in Australia? ›Overstaying a Visa by more than 28 days
If a person stays in Australia illegally for more than 28 days after their visa has expired, any future application they make for an Australian visa will be subject to an exclusion period. That means that they will be barred from being granted a visa for at least three years.
The 3 Year Ban on Visa is known as the exclusion periods. The exclusion periods are the periods of time which you cannot be granted another visa if the 3 Year Ban on Visa applies to you. It does not prevent you from lodging a valid visa application.
Can a visa refusal be overturned? ›
Appeals are an integral part of U.S. immigration law that can give people a second chance at coming to America. An appeal of a visa application denial can only be filed by the person who filed the original application or petition. If it was in an individual, then that person must make the appeal.
How can I avoid Australian visa rejection? ›As a visa applicant, you must provide real and untampered documents with your application. If you provide information that is false or misleading in relation to your visa application or previous visa that you have held 12-months prior, this can lead to visa refusal.
Can a visa refusal be reversed? ›Upon the submission of your visa refusal appeal letter, the embassy will pass it on to the right appeal processing body of that country. A higher-ranked officer responsible for dealing with visa appeals will look at your letter and take a decision on whether your visa application refusal shall be reversed or not.
How do I contact Australian visa case officer? ›For any specific enquiries, please call +61 2 6196 0196 or contact the new Digital Assistant online chat by clicking here.
How do I escalate my Australian visa application? ›Calling the Home Affairs' Service Centre on 131 881, or • Contacting the relevant processing offices.
How do I write an appeal for visa refusal? ›Having in mind above stated I would like to kindly ask you to reconsider my application and to void your visa denial. As I should leave on [Date DD/MONTH/YYYY] I would also like to kindly ask you to reconsider your decision on the earlies possible convenience because I have to organize my plans.
What is the most common visa rejection? ›- Incomplete or inaccurate forms.
- Insufficient financial proof.
- False information or misrepresentation.
- Lack of ties to your home country.
- Criminal history.
- Overstaying your previous visa.
- Medical or health issues.
The chances of winning a criminal appeal in California are low (about 20 percent of appeals are successful). But the odds of success are greater if there were errors of law and procedure at trial significant enough to have affected the outcome of the case.
What are the chances of winning immigration appeal? ›If you lose your appeal with the Board of Immigration Appeals, you have the right to file an appeal with the Federal Court of Appeals, a higher court. You cannot afford errors on your BIA appeal – or you might damage your chance to win a federal court appeal. Only 1 in 10 BIA appeals succeed.
How long after a visa refusal can I reapply Australia? ›You must lodge an application within 9 days after the day on which you were notified of the decision if: you are applying for a review of a decision: to refuse or cancel a visa under section 501.
How many visas are denied each year in Australia? ›
Every three minutes someone gains permanent residency in Australia but every year more than 40,000 are rejected. What are the top reasons for rejection?
What would stop me getting a visa for Australia? ›Meet our character requirements
We will not grant you a visa to enter Australia if there is a risk you will: engage in criminal conduct. harass, molest, intimidate or stalk another person. vilify a segment of the Australian community.
You can settle your overstaying fines at any of the entry ports (airport, land border, sea ports), immigration offices, Amer offices and typing centres. If you are opting for an extension, the tourism company will make the payment for you.
What are valid reasons for overstaying? ›- Natural disasters.
- International emergency situations affecting travel, such as a pandemic.
- Bereavement.
Finally, you may be barred from reentering the United States if you overstay your visa. This is because the United States views visa overstays as a serious offense that could trigger inadmissibility. While the consequences of overstaying your visa can be serious, it is essential to remember that you have rights.
What is the longest you can stay in Australia without a visa? ›Stay up to 3 months each time you enter Australia. All ETA-eligible passport holders must apply for an ETA using the Australian ETA app. For more information, see our Step by step guide. If you are unable to use the app, you can apply online through ImmiAccount for another visa that suits your needs.
What happens if I stay more than 90 days in Australia? ›You must apply for a new visa if you want to stay longer in Australia. You cannot apply for a new visa in Australia if your visa has a condition that prevents further stay. Your visa options and what you must do to remain lawful while you apply for a new visa will depend on your situation.
How long can you stay in Australia without? ›The Visitor visa allows you to visit Australia, either for tourism or business purposes. It is open to all nationalities. Generally, a period of stay of up to three months is granted, but up to 12 months may be granted in certain circumstances.
How do I find out if I am blacklisted in Australia? ›Want to find out if you are on a tenancy blacklist? Australia's three largest lists are managed by TICA, National Tenancy Database and TRA. You can visit their websites to find out how to request any information they may hold on you. Most charge a fee to check if your name is listed.
How do I check my ban status in Australia? ›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.
What is a 5-year immigration ban? ›
5-year ban – deportees are subject to a 5-year ban if they are summarily removed or deported at a US border or port of entry based upon a finding that they are inadmissible; if they are removed or deported after having been placed in removal proceedings when they first arrived in the United States; or if they failed or ...
How do I appeal a visa decision? ›The most common place to appeal a visa refusal decision to is the Administrative Appeals Tribunal (AAT). There are strict time limits when appealing to the AAT so it is very important to read the appeal deadline in your visa refusal letter carefully. Unfortunately, AAT appeal deadlines cannot be extended.
Is a visa refusal the same as a denial? ›A visa “refusal” is not a denial of the visa application.
Additionally, for cases placed in 221(g) administrative processing, applicants will typically undergo additional background checks, and during this process the case will remain refused until the Consular officer is prepared to make a final decision.
In short, a visa refusal will likely affect a future visa application. Having a good immigration history without a visa refusal and/or cancellation, alongside general visa condition compliance, are important factors that the Department of Home Affairs (Department) take into consideration when deciding to grant a visa.
What is the visa success rate of Australia? ›Australian Student Visa Acceptance Rate
Student Visa Australia Acceptance Rate for various sectors of education in Australia is: Higher Education: 23.3% Vocational and Educational Training: 18.9% Postgraduate Research Sector: 11.8%
One quick way of getting a visitor visa refusal is to make an application for a visa for Australia to see your Australian partner or de facto partner. The correct visa in the case where you wish to visit Australia to stay with your Australian partner, or permanent resident partner, is a “Partner visa”.
How long does it take to get a tourist visa for Australia? ›Australia visa processing time: A minimum of 48 hours to 37 days. Australia visa validity: 12 months.
Will visa overstays have their existing visa automatically revoked or cancelled? ›Consequences of Overstaying A Visa In USA
Visa overstays may be restricted from applying for Extension of Stay or Change of Status. Visa overstays will have their existing visa automatically revoked or cancelled. Visa overstays are generally unable to obtain a new visa except in their country of nationality.
If no appointment is available, the applicant must walk-in to VFS and insist their appeal is taken. A reference number is given to the submission and can be tracked online. An appeal outcome can take as little a two months and up to two years to receive.
On what grounds can a visa be revoked? ›A visa can be revoked if the visa holder is deemed inadmissible to the U.S. on security, criminal, medical, financial, or other grounds, or if the visa holder is ineligible for that particular visa category.
Can I apply for Australian visa after refusal? ›
If an Australian visa is refused, the applicant has the right to reapply. However, before reapplying, it is important to evaluate the reasons for the refusal and address the issues that led to the refusal.
Why is my Australian visa taking so long? ›There are many circumstances that can affect how long your Australian visa takes to get processed. These include factors such as: Whether your visa application is complete and all the supporting documentation is included. The time taken to respond to Australian Home Affairs' requests for additional information.
How do I contact Australian immigration outside Australia? ›Outside Australia
If you are calling from the Americas, Europe, South Korea, Japan or Hong Kong call our Global Service Centre (GSC) located in Australia on +61 2 6196 0196, Monday to Friday 9am to 5pm local time in your country.
If your case is about a refusal or cancellation of a visa under section 501 or about a revocation request under section 501CA, the Tribunal must make its decision within 84 days (or 12 weeks) after the day on which you were notified of the decision.
Does Australia visa rejection affect US visa? ›Yes, even a single visa rejection for any reason may obstruct your future visa applications.
How do I appeal my Austrian visa? ›The applicant then has to write an Appeal Letter to be submitted to the Austrian Embassy, the decision of which can at times take up to 12 months and so it is not advised in case your visit is urgent or time-bound. The candidate can alternatively send his/her case for reconsideration or start a fresh application.
How long does it take to get visa after appeal? ›It is impossible to receive the decision on a hearing day when Tribunal hears the appeal; you will receive a decision roughly after a month. The home office will reverse the previous decision and issue you a visa if your appeal is successful.
What happens if my immigration appeal is denied? ›If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.
How do I appeal an Austrian visa refusal? ›Typically, you would submit your appeal letter at the Embassy of the Schengen Member State you want to visit or at the Embassy/Consulate with permission to issue visas for the country you want to visit within 15 days of receiving your refusal letter.
Is it possible to appeal a visa denial? ›There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa.
How long after a visa refusal can I apply in Australia? ›
You must lodge an application within 9 days after the day on which you were notified of the decision if: you are applying for a review of a decision: to refuse or cancel a visa under section 501.
How do I overcome visa refusal? ›If your application for a visa is denied, the embassy will send you a letter outlining their decision. This will assist you in correcting the error when you reapply after a certain amount of time. Also, a few consular websites show the visa status and, if applicable, the reason for rejection.
What is the difference between visa refusal and rejection? ›Visa refusal means you did something wrong and that went on your permanent record, leading to visa refusal. While the visa rejection means something is missing from your application and you have to resubmit your paperwork. A denial letter and a refusal letter are interchangeable; however, a visa rejection is not.
How do I write an appeal letter for visa refusal? ›Having in mind above stated I would like to kindly ask you to reconsider my application and to void your visa denial. As I should leave on [Date DD/MONTH/YYYY] I would also like to kindly ask you to reconsider your decision on the earlies possible convenience because I have to organize my plans.
How do I write a visa appeal letter? ›- Applicant details – Full name, address, date of birth, place of birth, contact information.
- Passport number.
- Details of your visa application filing and the purpose of your visit.
- Date your received visa refusal decision.
What is a reconsideration? A reconsideration is a request to a visa officer to reconsider a refused immigration application. An individual may choose to submit a reconsideration for a rejected immigration application if they believe the visa officer made a mistake.
How do I file an immigration appeal? ›You must file a separate Form I-290B for each motion or appeal. If you submit other immigration benefit requests with your Form I-290B, you must include a separate filing fee (or submit a fee waiver request) for each additional form you file.
How long does the US embassy keep a record of visa denials? ›Paper DS-156 records are maintained for eleven years from the date of last action.