Re-entry Ban or Exclusion Period Australia

What Is an Australian Re-entry Ban?

A re-entry ban means that a person may be prevented from being granted another Australian visa for a specified period.

It is important to understand that a re-entry ban is not a separate visa or visa condition. It is an immigration consequence that can affect a person's ability to obtain another visa and return to Australia.

The length and operation of an exclusion period depend on the circumstances that caused it.

When Can a Re-entry Ban Apply?

A re-entry ban may apply if you:

• Overstay your Australian visa by more than 28 days
• Have a visa cancelled because you provided false documents or false information
• Have a visa cancelled because you are considered a risk to the health, safety or good order of the Australian community
• Are convicted of certain offences against Australian law
• Breach a visa condition, such as working when your visa prohibits work
• Have a visa cancelled or refused under section 501 of the Migration Act and subsequently depart Australia, subject to the relevant character provisions

These are not the only possible circumstances, and the applicable exclusion period depends on the relevant legislation and the facts of the case.

Re-entry Ban for Overstaying a Visa

One of the most common situations involves overstaying an Australian visa.

If you remain in Australia without a valid visa for more than 28 days, the Department may refuse to grant you another visa for up to 3 years, except in limited circumstances.

For this reason, visa holders should always check:

• Visa expiry date
• Must-not-arrive-after date
• Period of stay
• Visa conditions
• Whether they can apply for another visa in Australia

You can check the details and conditions of an in-effect visa through VEVO.

What Happens If Your Visa Has Expired?

It is unlawful to remain in Australia without a valid visa.

If your visa has expired and you cannot obtain another substantive visa, you may need to leave Australia.

The Department can take compliance action, including detention or removal, in circumstances where a person remains unlawfully in Australia. A person who leaves Australia after being without a valid visa for more than 28 days may also face a re-entry ban of up to 3 years, subject to applicable exceptions.

Visa Cancellation and Re-entry Bans

A re-entry ban can also arise after visa cancellation.

For example, the Department states that a re-entry ban may apply where a visa has been cancelled because the person:

• Provided false documents
• Provided false information
• Breached a visa condition
• Was convicted of an offence against Australian law
• Was considered a risk to the Australian community
• No longer met the Genuine Student requirement, where applicable

The consequences depend on the specific cancellation ground and the relevant legislation.

False Documents and False Information

Providing false or misleading information can have serious immigration consequences.

This can include:

• False employment documents
• Altered certificates
• Incorrect qualifications
• False relationship information
• Misleading information about previous visa applications
• False identity information
• Other information that is materially incorrect

Depending on the circumstances, this may result in visa refusal, visa cancellation, a re-entry ban or other immigration consequences.

PIC 4020 may also be relevant to certain visa applications involving bogus documents or false or misleading information.

Re-entry Ban and Visa Conditions

Visa holders are expected to comply with the conditions attached to their visa.

Examples of breaches may include:

• Working when the visa does not permit work
• Working more than the permitted hours
• Undertaking activities prohibited by the visa
• Failing to comply with specified visa conditions

The Department specifically identifies visa-condition breaches as one circumstance in which a re-entry ban may apply following visa cancellation.

How Long Does a Re-entry Ban Last?

There is no single re-entry-ban period that applies to every person.

The Department states that an exclusion period may last up to 3 years, although some people can be permanently excluded.

The applicable period depends on factors such as:

• Why the visa was cancelled or refused
• The relevant provision of migration law
• Whether the person overstayed
• The person's immigration history
• Character-related circumstances
• Whether the relevant exclusion period can be waived or set aside
• Whether the person is applying for a temporary or permanent visa

Therefore, applicants should not assume that every re-entry ban lasts exactly three years.

Can a Re-entry Ban Be Waived?

In some circumstances, a person can still apply for an Australian visa while subject to a re-entry ban.

For a temporary visa, the Department states that the re-entry ban itself is not removed, but the applicant can ask the Department to set aside (waive) the ban.

The applicant must provide a written explanation addressing compassionate or compelling circumstances and should submit this with the visa application or before a decision is made. The applicant must also satisfy the other requirements for the visa, including health and character requirements.

Temporary Visa Applications

If you are applying for a temporary visa while subject to a re-entry ban, your written request should clearly explain:

• Why you need to return to Australia
• The compassionate circumstances
• The compelling circumstances
• Any significant family circumstances
• Relevant consequences of remaining outside Australia
• Any other evidence supporting your request

A waiver is not automatic.

Re-entry Ban and Permanent Visa Applications

A person subject to a re-entry ban can still apply for a permanent visa in appropriate circumstances.

For permanent visa applications, the Department states that it will consider the applicant's immigration history when assessing the application.

This does not mean that a permanent visa will automatically be granted.

The applicant must still satisfy the requirements of the relevant visa and any applicable exclusion-period provisions.

What Are Compassionate or Compelling Circumstances?

There is no universal set of circumstances that guarantees a re-entry ban waiver.

Depending on the case, relevant evidence may include circumstances involving:

• Serious illness of an Australian family member
• Significant family hardship
• Death or serious deterioration of a close family member
• Exceptional circumstances affecting dependent children
• Serious circumstances that were outside the applicant's control
• Other circumstances that may be considered compassionate or compelling

Evidence is important.

Depending on the circumstances, supporting evidence could include:

• Medical reports
• Hospital records
• Death certificates
• Evidence of family relationships
• Evidence concerning dependent children
• Financial evidence
• Statements from relevant professionals
• Other independent supporting documents

Circumstances Beyond Your Control

If you overstayed your visa, it is important to explain why the overstay occurred.

For example, there may have been circumstances beyond your control that affected your ability to leave Australia or obtain another visa.

However, simply stating that you did not know your visa had expired may not be sufficient.

A proper explanation should be supported by evidence wherever possible.

Re-entry Ban and Character Refusal

Character-related visa refusals and cancellations can have particularly serious consequences.

A person may be subject to an exclusion period where their visa has been cancelled or refused under section 501 of the Migration Act, and the relevant special return provisions apply after departure from Australia.

Character cases can involve complex legal issues and should be assessed individually.

Re-entry Ban and PIC 4020

A re-entry ban and Public Interest Criterion 4020 are not the same thing.

PIC 4020 can apply to certain visa applications involving:

• Bogus documents
• False or misleading information
• Identity concerns
• Certain previous visa refusals

A separate re-entry or exclusion period can arise from visa cancellation or other immigration circumstances.

Where a person has both a previous PIC 4020 issue and an exclusion period, the interaction between the relevant provisions needs to be assessed carefully.

How to Check Whether You Have a Re-entry Ban

If the Department has applied an exclusion period following visa cancellation, it should generally notify you in writing of the applicable exclusion period.

If you are unsure whether an exclusion period applies to you, you should obtain confirmation before lodging another visa application.

Do not assume that the absence of a current visa refusal letter means that no exclusion period exists.

Can You Apply for a Visa While Banned?

In some circumstances, yes.

A re-entry ban does not necessarily mean that you can never submit another visa application.

For temporary visas, you may be able to request that the exclusion period be waived by providing evidence of compassionate or compelling circumstances.

For permanent visas, the Department can consider your immigration history as part of the assessment.

However, you must still satisfy all requirements of the visa you are applying for.

What If You Have Already Left Australia?

If you have already left Australia and believe you may be subject to an exclusion period, you should determine:

1. Why the visa was cancelled or refused
2. Whether you overstayed
3. How long you were without a valid visa
4. Whether the Department imposed an exclusion period
5. The start and end dates of the exclusion period
6. Whether the relevant exclusion period can be waived
7. Whether you may qualify for another visa pathway

The Department advises people who are unsure whether an exclusion period has been applied to contact an immigration office.

How to Avoid a Re-entry Ban

The Department recommends that visa holders:

• Comply with all visa conditions
• Leave Australia before their visa expires
• Maintain a valid visa while in Australia
• Comply with Australian laws
• Provide truthful information
• Keep their personal and passport details updated
• Check their visa expiry date and conditions

You can use VEVO to check the details and conditions of your current in-effect visa.

Re-entry Ban and Bridging Visas

Bridging visas can be important when a person is waiting for another visa application to be decided.

However, a bridging visa does not automatically give a person unrestricted travel rights.

Before leaving Australia, a visa holder should carefully check whether their current visa allows them to return to Australia.

In particular, travel arrangements should be considered before departure because leaving Australia while holding certain bridging arrangements can affect the person's ability to return.

What to Do If Your Visa Has Been Cancelled

If your Australian visa has been cancelled and you have been told that an exclusion period applies, consider obtaining professional advice before:

• Lodging another visa application
• Requesting a waiver
• Making travel arrangements
• Providing further information to the Department
• Applying for a permanent visa

The exact cancellation ground and the wording of the Department's decision are important.

Get Professional Help With a Re-entry Ban

A re-entry ban can have significant consequences for your ability to return to Australia.

The Visa and Education Services Pty Ltd provides personalised Australian migration assistance through Registered Migration Agent Navneet Kaur (MARN 2318181).

We can assist with:

• Re-entry ban assessment
• Exclusion-period assessment
• Visa cancellation matters
• Overstay issues
• PIC 4020-related concerns
• Character-related immigration matters
• Temporary visa waiver requests
• Permanent visa pathway assessment
• Immigration history review
• Department correspondence

If you have received a notice stating that you are subject to a re-entry ban or exclusion period, it is important to understand the exact reason and duration before taking further immigration action.

Contact us for a personalised assessment of your circumstances.

Important Disclaimer

Australian migration legislation and administrative policies can change. The length and effect of an exclusion period depend on the relevant legislation, visa history and individual circumstances. This page provides general information only and does not constitute migration or legal advice.