旅游签证通过 - 成功策略

This case was extremely complicated. The Client’s immigration status was tainted with the following difficulties:

• record of residing without visa in Australia; 
• prolonged residence in Australia since 2007 with no record of departure; 
• section 48 bar; 
• potential 3 year exclusion period due to PIC 4014; 
• no ties to home country; 
• border closed in Australia during COVID-19 pandemic. 

In our consultation, we weighed up the pros and cons of each option to the Client and, in the end, it was decided that we would take the route of the Client departing Australia first which would at least avoid the potential 3 year exclusion period problem. The Client was aware of the difficulties with applying for a further visa to return to Australia given the difficulties we identified above. 

Our three pronged approach involved:

1. Applying for citizenship for his son who was born in Australia and had just attained the age of 10; 
2. Request for travel exemption – given his connection with an Australian child, the likelihood of the travel exemption being granted would be high; 
3. Apply for a visitor visa

Each step required the success of the previous step. 

The visitor visa application was the most difficult with serious concerns surrounding whether he would meet the Genuine Temporary Entrant (GTE) requirement given his prolonged residence in Australia since 2007 (over 15 years), lack of ties to home country, two instances of residing in Australia with no visa showing a history of disregard for visa compliance, and no intention to return to home country after entering Australia. 

In very detailed legal submissions, we addressed how the Client still met the GTE requirements. 

All three steps went through smoothly. Every win was a small cheer for both our firm and the client. In the end, the entire process took less than one (1) month. 

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