Reuniting husband and wife through a secondary subclass 574 visa after a three-year ban

June 23, 2016 - Unreported Cases

A potential consequence of overstaying your temporary visa in Australia is that the Department of Immigration and Border Protection may impose a three-year ban. The effect of this ban is that you cannot lodge an application to re-enter Australia during the three-year exclusion period. This can only be waived if you are able to show compelling and compassionate circumstances justifying your re-entry into Australia.

Immigration Solutions Lawyers recently acted for a client who had been subject to a three-year ban. Prior to approaching Immigration Solutions Lawyers, the Applicant had overstayed a student visa by six months due to study commitments. The resulting exclusion period meant that the Applicant was separated from her husband, who remained in Australia on a student visa.

Although difficult, the couple maintained their relationship with frequent contact via online video and audio calls, instant messaging and emails. In the course of the ban, the Applicant’s husband obtained a Subclass 574 visa to undertake postgraduate studies in Australia.

Once the exclusion period expired, the Applicant applied to re-enter Australia and join her husband as a secondary applicant under his Subclass 574 visa. Dissatisfied that she was a genuine temporary entrant, the Department refused this application. It was at this point that the Applicant came to Immigration Solutions Lawyers for help.

Immigration Solutions Lawyers compiled statutory declarations and other documentation, including financial statements and evidence of the Applicant’s long-term and committed relationship with the primary visa holder, to prove that she was a member of the visa holder’s family unit and a genuine temporary entrant. These submissions persuaded the Department that the Applicant was intending to and financially capable of returning to her home country with her husband upon the completion of his studies. She was subsequently granted entry as a dependant on her husband’s Subclass 574 visa.

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