Lexi Webster
A re-entry ban, also known as an exclusion period, is imposed when a person breaches their visa conditions and can result in a person being unable to return to Australia for up to three years. A re-entry ban cannot be removed, but if you apply for a temporary visa, you may request that the ban be set aside for that specific application. To do this, you must write to the Department and explain why the ban should be lifted, providing evidence of compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen. If you have maintained a valid visa while in Australia, a re-entry ban will not apply.
| Characteristics | Values |
|---|---|
| Re-entry ban duration | Up to three years |
| Who does it apply to? | Temporary visa holders |
| Reasons for a re-entry ban | Overstaying your visa, providing false documents, being a risk to the Australian community, breaching visa conditions, etc. |
| How to check if you have a re-entry ban | Contact the Department of Home Affairs, fill in a form, or call 131 881 |
| Can a re-entry ban be removed? | No, but it can be waived for a specific visa application under certain circumstances |
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What You'll Learn
Reasons for a re-entry ban
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. Here are some reasons why a re-entry ban may be imposed:
- Visa expiration: If an individual's visa has expired and they have overstayed their permitted duration of stay in Australia, they may face a re-entry ban. This typically applies to those who held a substantive visa that has expired and subsequently obtained a Bridging Visa C, D, or E more than 28 days after the expiration.
- Visa breaches: A re-entry ban may be imposed if a person significantly breaches the conditions of their visa. This includes providing false documents or misinformation to the Department of Immigration and Border Protection, working in violation of visa restrictions, or failing to maintain valid enrolment as a student.
- Non-compliance: Failing to comply with the laws and regulations of Australia during one's stay can result in a re-entry ban. This includes committing offences against Commonwealth law or the laws of Australian states or territories.
- Genuine purpose: If an individual's activities during their stay in Australia are found to contradict the purpose of their visa, it may result in a re-entry ban. For example, if a person holding a student visa is found not to be a genuine student, or a visitor is found not to be in Australia for genuine visiting purposes.
It is important to note that maintaining a valid visa and complying with its conditions is crucial to avoiding a re-entry ban. Individuals should be aware of their visa's expiry date and any specific requirements associated with their visa type.
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How to avoid a re-entry ban
A re-entry ban to Australia is usually applied to a visa applicant who has breached the conditions of their Australian visa. 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. In some cases, the ban can be longer than three years, depending on the severity of the breach.
To avoid a re-entry ban, it is important to comply with the conditions of your visa and maintain a valid visa while in Australia. It is your responsibility to know what your visa allows you to do and its expiry date. Some common reasons for a re-entry ban include:
- Providing false documents or false information to the Department of Immigration and Border Protection
- Working in breach of your visa conditions
- Failing to maintain appropriate enrolment as a student
- Not being a genuine student or tourist
- Being convicted of an offence against a law of the Commonwealth or an Australian state or territory
If you have maintained a valid visa and complied with its conditions, you are not at risk of a re-entry ban. However, if you do find yourself with a re-entry ban, there are a few options to consider:
- Waiting out the ban period and then applying for a visa once the ban has ceased
- Attempting to have the re-entry ban waived by providing compelling reasons that affect Australia or an Australian citizen
- Seeking the assistance of a registered migration agent to help build a persuasive case for the removal of the ban
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Temporary visa applications with a re-entry ban
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. In certain cases, a re-entry ban can be imposed for up to 10 years. A re-entry ban may be imposed when a person breaches their visa conditions. A re-entry ban will apply if:
- You overstay your visa by more than 28 days
- You provided false documents or false information to the Department of Home Affairs
- You were found to have worked in breach of your visa conditions
- You are a student and have not maintained appropriate enrolment
- You are found not to be a genuine student or tourist
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.
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.
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Waiving a re-entry ban
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.
If you have a re-entry ban, you may request to have it put aside for a specific visa application. You must write to the department and explain why you think it should be waived. 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 that there is a strong reason to justify granting a visa before the end of the re-entry ban.
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. You will also need to meet all the criteria for the visa class you are applying for. For example, if you are applying for a skilled visa, you will still need to meet the skills requirements.
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.
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Re-entry after a ban
A re-entry ban, also known as an exclusion period, prevents a person from returning to Australia for up to three years. It may be imposed when a person breaches their visa conditions. Some reasons for a re-entry ban include:
- Overstaying your visa by more than 28 days.
- Providing false documents or information to the Department of Home Affairs.
- Being considered a risk to the Australian community's health, safety, or good order.
- Being convicted of an offence against Commonwealth, state, or territory law.
- Working when your visa had a no-work condition.
- Holding a student visa but failing to maintain appropriate enrolment or being found not to be a genuine student.
- Holding a visitor visa but being found not to be in Australia as a genuine visitor.
Re-entry bans are mostly imposed on applications for temporary visas. However, it is important to note that a re-entry ban cannot be removed. If you have a re-entry ban and apply for a temporary visa, you may request that the ban be waived for that specific application. To do this, you must write to the Department and explain why the ban should be waived, providing evidence of compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen. An Accredited Specialist in immigration law should be consulted as the matter is complex. The Department must be satisfied that there is a strong reason to justify granting a visa before the end of the re-entry ban, otherwise, your application will be refused. Even if the re-entry ban is waived, you must still meet all other visa criteria, including health and character requirements.
If you have continuously maintained a valid visa while in Australia, a re-entry ban will not apply. However, a three-year re-entry ban may apply if you hold or have held a Bridging Visa C, D, or E granted more than 28 days after your substantive visa expired (such as a student or tourist visa).
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Frequently asked questions
A re-entry ban, also known as an exclusion period, is a penalty that prevents a person from returning to Australia for up to three years. It is imposed when a person breaches their visa conditions.
A re-entry ban may be imposed for several reasons, including:
- Overstaying your visa by more than 28 days.
- Providing false documents or information to the relevant authorities.
- Being considered a risk to the Australian community's health, safety, or good order.
- Being convicted of an offence against Commonwealth, state, or territory law.
- Working when your visa has a no-work condition.
- Failing to maintain appropriate enrolment (for student visa holders).
- Being found not to be a genuine temporary entrant (for visitor visa holders).
You can contact the Australian immigration department to inquire about your immigration status and any applicable re-entry bans. You may need to fill out a form or call their hotline for more information.
A re-entry ban cannot be removed or lifted. However, if you apply for a temporary visa while under a re-entry ban, you may request that the ban be waived or set aside for that specific application. This typically requires demonstrating compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen.
