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Thread: New Zealand visa after Australia Denial

  1. #1
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    Default New Zealand visa after Australia Denial

    Hello everybody!

    Firstly, Thank you for having me in this forum. I hope that everyone find what they're looking for.

    I have a question regarding my application and i hope someone can help.
    I applied to Australian Student visa and was refused based on misrepresentation because my agent made a mistake on application.
    Truth is, I overstay my visa in USA and he marked that i never lived there.
    So, i decided to try NZ. Coming from Brazil, i can enter as a tourist without applying first. But they can stop me at the entry if Australia shares this info, which i believe they do, because they are part of the 5 member umbrella.

    Question is:
    Should i risk it, travel and apply for student within? or should i apply before i go there?
    Any response is appreciate it.

  2. #2
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    It is not worth the risk.

    1. It is very likely the information will be available to INZ, and you would then be returned to your own country.

    2. There is no advantage to applying from within NZ, even if by a fluke you did pass into the country. You would still be filling in an application form which you sign to say you have told the truth. You would therefore have to disclose your exclusion from Australia. That would raise the issue of how you were in the country, with that on your record, and you would be likely to be accused of fraud.

    Question: what did Australian Immigration say to you, for instance are you barred from applying for a visa there? If so, for how long?

  3. #3
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    Quote Originally Posted by JandM View Post
    It is not worth the risk.

    1. It is very likely the information will be available to INZ, and you would then be returned to your own country.

    2. There is no advantage to applying from within NZ, even if by a fluke you did pass into the country. You would still be filling in an application form which you sign to say you have told the truth. You would therefore have to disclose your exclusion from Australia. That would raise the issue of how you were in the country, with that on your record, and you would be likely to be accused of fraud.

    Question: what did Australian Immigration say to you, for instance are you barred from applying for a visa there? If so, for how long?
    Thanks for the quick reply JandM,
    They told me that i never disclose my overstay in USA and that i didn't say we lived there. But i did say it, why would i put my son's American passport in application? and my wife's university.
    They gave me a exclusion for any visa appl. for three years. that was in 2014, so next year the bar is lifted.
    What if i have a job offer, would that help?
    Last edited by Davipaulo9; 1st July 2016 at 01:44 AM.

  4. #4
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    A5.20 b vi here http://onlineservices.immigration.go...nual/35057.htm may be going to be your problem. I think it can vary how INZ interpret a situation like yours - whether the temporary bar from applying is, or is not, an exclusion.

    Having a job offer would make no difference - an application can't even be considered, IF INZ think the person can't pass their regulations.

    I strongly suggest that you should PM one of the LIAs who post on the forum, Karen Phillips and ChrisMwn, or the immigration lawyer, MrMark, for a really knowledgeable opinion. They won't get into any activity that would cost you without first getting your agreement. (To use the PM system, you need to make a minimum of five posts for the forum to switch on your permission automatically, after about 20 minutes. One-word posts on this thread will do to bump up the numbers, if you haven't anything particular you want to say elsewhere.)

  5. #5
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    Wow. I can't believe i'm in such trouble. I would assume that i am suspended for 3 years, so that would make me ineligible for that time being. If they consider me excluded, then that's it for me. But i heard so many stories of people who been illegal in other countries, yet they were given PR in places like NZ, Australia and Canada.
    If we follow that line of thinking, then a simple mistake on a application would make someone excluded. Thank you for the link and responses.

  6. #6
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    How do i send a PM? where is that option?

  7. #7
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    Default

    replying

  8. #8
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    Quote Originally Posted by Davipaulo9 View Post
    How do i send a PM? where is that option?
    Top left of the page on the blue bar. Or else click on someone's username over one of their posts, and PMing will be one option in the drop-down box.

  9. #9
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    I guess INZ would assess your application under Character Waiver program, that is a part of application assessment. Over staying in any country and then hiding it is a blunder, isn't it? Immigration officials hate lies on application form. There are very less chances that you would be able to demonstrate yourself as genuine and bona fide applicant. In my opinion, you will less likely be given a character waiver status as well. However, to some extend it also depend you your nationality and how you appear as a student visa candidate. Its better for you to consult with an immigration lawyer. The 5 countries or five eye alliance (UK, USA, Canada, NZ and Au), under a treaty, share intelligence and probably visa refusals or deportation. They probably don't share visa refusals of all nature, however, all refusals based on fraud are definitely shared. I am wondering about one thing, when you over stayed in the USA, were you caught by the immigration force or you left without being declared as illegal immigrant?

  10. #10
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    I didn't hide the information or lie, i didn't even filled the application, my agent did. I guess that doesn't matter since i signed.
    In fact, i went to the American embassy in SAO PAULO myself and apologize for it and let them know the exact day i left USA.
    I wasn't caught, wasn't invited to leave or anything like that. I left voluntarily. I never committed any crime and i have a Police clearance from USA, also pay my taxes for all the years i spent there.
    I was just trying to make a living. I just need a second chance, i want to make it right.

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