Illegal, Unlawful, s48 Bar, Banned & No Further Visa Conditions – The BEST OPTIONS to apply Australian Visas under consultation of BMS GLOBAL
Over the period of last 25 years, we have come across hundreds of people who were either overstayed, unlawful, illegal, s48 bar, banned to re-apply and with no further visa conditions and we have successfully dealt with many of them to receive temporary or permanent visa in Australia.
Many overseas people who come to Australia have been found overstaying after expiry of their visa and they may be visitors or international students or other temporary visa holders. When your visa expires you will have 28 days’ time to apply for further visa in Australia, if your previous visa did not have ‘no further visa’ conditions attached to your visa. If ‘no further visa’ conditions attached to your previous visa, you can request Dept of Home Affairs, Australia to waive no further visa conditions on compelling and compassionate grounds. If Dept. waives this condition, you can apply for further visa in Australia, if not, you must leave Australia, as otherwise you will be banned to re-enter Australia for 3 years or more.
When you overstay, and if you do not make use of 28 days to apply further visa, you will become Unlawful and after some time you become Illegal and your previous visa ceased and if you meet with certain criteria, you may become eligible to apply for further visa and you must meet with Schedule 3 Criteria if applicable. Chances are high that you face rejection from Dept and if that happens you will be barred to apply further visa under s48. This s48 will allow you to apply only certain kinds of visas while you stay onshore, if you leave Australia, s48 will go off, however, you will need to meet with Schedule 5 criteria called special return criteria to receive further visa.
If you breach any conditions of your visa, your visa can be cancelled, and you can be removed from Australia and you can be banned to re-enter Australia for 3 years or more. If your visa is cancelled and if you can appeal to Administrative Review Appeal Tribunal, you may do so and if win appeal, you will have opportunity to receive further visa. If you do not win appeal, you can proceed to Federal Circuit Court, and then Federal Court and finally to High Court in Australia. All these will cost you fortune, and it will be best to leave Australia and check possibility of applying further visa while remaining outside Australia.
You may have opportunities to appeal to Hon Minister for Immigration, Australia, if you fail at Appeal Tribunal or Federal Courts of Australia as Hon Minister for Immigration has special powers to grant visa to anyone without meeting with any criteria. Minister may or may not exercise their powers and they may turn down your appeal or may consider your appeal on compelling and compassionate grounds and may grant visa to you.
If you face above situations, the best way to deal would be to consult BMS GLOBAL as they have tremendous experience in dealing with complex cases over last 25 years. Of course, consulting will cost you little money for consulting fee, but you will come across the BEST OPTION for you to deal with your complex situation.
Many people have overstayed in Australia, and then left the country and after 2-3 years they do enquire with us about their status and ban period whether they can re-apply to come to Australia. Yes, status resolution can be requested to Dept., but Dept. many times does not disclose the information, however, based on our vast experience, we can certainly let you know your options for re-applying for visas for Australia. It would certainly cost some money to provide services to you, but it will be worth spending small money to make sure you would be eligible to re-apply to come to Australia.
There are some people who have entered Australia through BOAT, and they are called BOAT PEOPLE, and they are ILLEGAL entrants to Australia. However, many of them have applied for asylum in Australia and continuing to live in Australia. If they have developed any skills and if they have been working in Australia in skilled occupation on migration list, Australia has given them opportunity to apply for temporary work visa under a scheme especially designed for such applicants. Please refer to Dept website for more details.
Australian Immigration Laws have been terribly complex and changing frequently and only highly experienced registered migration agent will be able to guide you if you have overstayed or visa refused or visa cancelled, and you have become unlawful and illegal.
BMS GLOBAL can be contacted by email at satish.patel@bmsglobal.com.au or mobile + 61 416 014 257 or fill out form on website: www.bmsglobal.com.au and we will respond to your enquiry as soon as possible.