Are you banned from applying for an Australian Visa?

Generally, you are not banned from applying for Partner visa, Orphan relative, Child visa, and most permanent resident visas. However, you will be banned permanently and a waiver will not be considered if you have been deported from Australia because of your criminal record or for security reasons or your visa was cancelled because of substantial criminal record or past and present criminal conduct.

You may apply for a temporary visa only if your circumstances justify a waiver of your re-entry ban or an exclusion period.  A re-entry ban or exclusion period will prevent you from applying for a visa for up to 3 years, if any of the following circumstances apply:

  • You overstayed your visa by more than 28 days.
  • You previously left Australia as the holder of a Bridging Visa C, D or E that was granted more than 28 days after your visa expired.
  • Your visa was cancelled under certain circumstances.
  • You breached your visa conditions.
  • You have been deported from Australia.
  • You have been removed from Australia.
  • You are part of a special group of people, such as an AusAid student.

The Department of Immigration and Citizenship (DIAC) may consider waiving the exclusion period, depending on the reason why the re-entry ban was imposed.

To claim this waiver, the factors in support of your return to Australia must outweigh those in favour of your exclusion from Australia. DIAC will consider factors, such as compassionate or compelling circumstances that affect an Australian or compelling circumstances that affect Australia. Generally, considerations such as illness, pregnancy or other circumstances where assistance is required will be also taken into account.

If you are subject to a re-entry ban and you do not have compelling or compassionate reasons or evidence to prove compassionate or compelling circumstances, so that a waiver of the ban can be considered, you must wait until you the exclusion period expires, before you lodge your visa application. While you can lodge a valid visa application during the exclusion period, it is likely to be refused and your DIAC fee will not be refunded.

This information is of a general nature and should not be taken as authoritative legal advice for specific cases. Australia has a scheme that requires persons who give immigration assistance to be registered as migration agent.

Photo shows participants of the seminar on the recent changes on skilled migration and carer visa, sponsored by UPAAA, held on Sunday, 23rd September 2012 at 2:30pm at the Parramatta City Library , Civic Place, Parramatta. The seminar was conducted by Atty. Imelda Argel.

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10 Comments on this Post

  1. Hi dear I went to Australia on study visa. But I couldn’t complete studies. Then I applied for bridging visa.
    but I left Australia in 2013, 3 months after getting bridging visa . I don’t have information wether I have re-entry ban or not ? Now my wife wants to study in Australia . Am I eligible to go there as dependant of her?

  2. Hello, me and my wife had a visa cancellation ban for three years 4 years ago, the reason was that they had a suspect against me of being working illegally in Australia.
    Anyway they banned me and also my wife whom cannot even speak english….
    So my question is this now:
    1) If i get sponsored and work, will i be able to apply for a permanent visa after the required period?
    2) Is it possible that, after ( for example ) 3 years working and paying all the taxes and done all the required exams, i will be denied
    my permanent application for something happened so long time ago?
    Please help me if you can .
    Kind regard Thomas

  3. Courtney

    hello , My fiancé was in Aus on a working holiday visa this year (1st year) did all his farm work ect … he was offered a sponsorship was waiting for his employers to lodge his paper work until his visa expired the employers asked for more time , so he went to immigration got given a bridging visa d so they could lodge it. On the last day of his bridging visa they said they cant sponsor him as they didn’t have the right to sponsor chefs. so he then left Aus when he left he was given the 3 year ban. We have since found out I’m pregnant (unplanned ) is there a chance that they would wavier it I read in many places that pregnancy is a reason for them to waiver then ban (I’m Australian) is this true ?

  4. Hi, I have 3 year ban to aus for temporary visa.. Can you plz help me to remove this ban

  5. hai i am overstayed 3 years in my student visa .they given 3 year re entry ban. can i apply again for visa after 3 year.. or is that possible to apply for spouse visa

  6. Hi, I need urgent help because my student visa expired more than 28 after I renewed it because i did not see the email that required me to submit my medical examinations. Currently I’m on a bridging visa e to leave australia and a 3 year ban was automatically imposed, does anyone know what can I do to waive my re entry ban so that I can continue studying my masters here next year? I have recently graduated and but my visa was expired since mid november. Anyone has a similar case and had success waiving the re entry ban ?

  7. Hi I got 3 year exclusion because I overstayed more than 28 days. is there any chance to get the wave the 3 year exclusion and i applied for 457 visa on june 13th 2013 but i didn’t get any feedback from immi until now.could you please give me a favourable reply thank u dany Paul

    • dany you can get the visa please let me know because I’m the same situacion?

  8. I applied visa in 2012 in spouse case but unfortunately it was refused to reason of birth certificate of my father in law and I have exclusion period of three years and again in 2013 I applied visa but again refused the first decision what can I do for remove the ban in my visa please help and hive any suggestion

  9. hi my visa expired the th o june and within the days period ive been granted a bridging visa of weeks, the immigration agent tyold me than i will nmever hav trouble to come back in australia as this bridging visa was given to me within those days, but when i left australia the person at immigration at the airport gave me the 3 years ban, i actually think it is not fair and i shouldnt get this ban. what could i do? where can i write or go to waive this decision
    i also i lost the bridging visa paper , where can i get a copy as i tried to email and nobody answer
    please help me understand this
    regards and thank you

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