Employer Sponsored Visas and Re-entry Ban

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Every employer who considers nominating a foreign worker for a Temporary Skill Shortage SC 482 visa should always check the immigration history of nominee in order to avoid loss of time and money.  The nominee could be a subject to an exclusion period, a re-entry ban, which prevents a person to be granted an Australian visa for up to three years. This re-entry ban may be imposed when a person breaches their visa conditions.

A re-entry ban will apply, if:

  • the nominee overstays his or her visa by more than 28 days; or
  • if the nominee’s visa was cancelled because:
    • the nominee provided false documents or false information to the Department of Home Affairs
    • the nominee is considered to be a risk to the health, safety or good order of the Australian community
    • the nominee was convicted of an offence against a law of the Commonwealth, or a law of an Australian state or territory
    • the nominee was found to have breached a visa condition, for example, the nominee worked when his/her visa had a no work condition
    • the nominee holds a student visa but have failed to maintain appropriate enrolment, breached another visa condition, or have been found not to be a genuine student
    • the nominee holds a visitor visa but was found not to be in Australia as a genuine visitor.

If an exclusion period is imposed the nominee cannot be granted another visa to Australia, whether or not they meet visa requirements. The Nominee will be able to make an application but will be unsuccessful.

However, in some limited cases the re-entry ban could be waived if the nominee has compassionate or compelling circumstances as for-example,Australia’s trade or business opportunities would be adversely affected were the person not granted the visa. Another example might be that a business operated by an Australian citizen would have to close down because it lacked the specialist skills required to carry out the business.

Request for a waiver must be lodged together with the visa application or any time before the decision on the application is made and it must clearly indicate the reasons for the waiver. If the Department of Home Affairs decides not to waive the exclusion period, they will refuse he visa.

For questions about Australian visas and Immigration matters please contact a Registered Migration Agent Yana Asmalovskaya.                            

Mobile: 0413392894  Email: yana@becomeaustralian.com

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