Juile was on a student visa, studying at university, in her second year of study, Julie’s father became unwell and she was unable to study and complete all of her subjects that year. As she had been unable to study the way she had planned, she would now not be finishing her course by the end date specified in her Confirmation of Enrolment (CoE) and as a result her student visa would be ending prior to her completing her course.
Julie did the right thing and attained a new CoE (with an extended end date) and provided this to the Department of Home Affairs and then continued with her studies, believing she had now done all that was needed in order to continue studying and also believe that by providing the new CoE to the Department that she would automatically be granted a new student visa. However, this was actually not correct, a new CoE does not constitute a new student visa or ‘student visa extension’ as some individuals like to call it (please note, there is no such thing as a visa extension, you merely apply for and attain a new visa once your visa ends). What does that now mean for Julie?
It means that her student visa ended and she continued to stay in Australia unlawfully, quite a serious issue. She happened to discover this some 4 months after her student visa ended and contacted us in a real panic. I sat down with Julie and devised a plan for what we could do. First step, we had to get her a visa, so she was no longer unlawfully in Australia. We went together and applied for a Bridging Visa E (the only option available to a person who had been unlawful in Australia for this length of time). After that, we had to make arrangements for Julie to go offshore (she was unable to apply for another student visa in Australia), we then had to prepare a new student visa application and most importantly, organise and prepare a submission to apply for a waiver for public interest criterion 4014 (PIC 4014), otherwise known as the three year ban.
The submission had to be as strong as possible to ensure Julie had the best chance of attaining her waiver, and there was also one other problem-the census date for her enrolment was fast approaching and if she was not in Australia for this date, she would be unable to continue her studies for that semester (which would then make it even harder to attain the waiver for PIC 4014). We lodged the application and submitted the submission for a waiver and waited. Fortunately, after many phone calls and emails to the Department asking for the application to be processed by the required date, Julie was awarded the waiver and granted a new student visa application. She was able to return to Australia by the required date and continue her studies and complete her course.
If you have a potential 3 year ban as a result of public interest criterion 4014, contact a registered migration agent quickly to giver yourself the best chance of getting a waiver and obtaining a new visa. Contact our experts today!