Re entry ban - common questions and misconceptions

Do you have questions about Re-entry bans?

A re-entry ban means that you can’t return to Australia for a certain period. I get a lot of questions about this topic and here are a few that I thought I would give some clarification on.

#1 The re-entry ban is over. Can I now come to Australia?

If you previously overstayed your visa and were given a re-entry ban for 3 years, then once the 3-year period expires, you can apply for a new visa.

#2 Can I appeal a re-entry ban?

It’s not so much about appealing a re-entry ban. The real issue is that when you apply for a new visa while the re-entry ban still applies, then you have to apply for the ban to be waived. So the issue will come up in the context of your new visa application.
When you apply for a waiver, you have to explain the basis on which the ban should be waived. The case officer will then weigh up all of the circumstances and your reasons and make a decision.

#3 Does the re-entry ban apply to all future visas?

No. Whether a ban applies also depends on what type of visa you want to obtain. So if you were banned due to overstaying a previous visa, then the ban may not apply if this time around you are applying for a partner visa (as an example). However, if you were to apply for, say, a visitor visa, the ban would still be applicable.

#4 Am I really subject to a re-entry ban?

Keep in mind that just because you overstay your visa, it doesn’t mean you will necessarily be given a re-entry ban. The ban will be imposed if you overstay by more than 28 days.

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ABOUT ME: Oszkar Denes is an immigration lawyer and registered migration agent practising in Queensland, Australia. Oszkar assists clients with Australia visa applications, as well as appeals and cancellation issues. Oszkar has been a lawyer for 10 years; he is an experienced advocate and a proactive negotiator.

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