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Period of Exclusion or Ban on Re-Entry to Australia

A re-entry ban, also referred to as an exclusion period, may prevent a person from returning to Australia for a fixed period after leaving the country. These bans are imposed when a person has breached Australian visa conditions or migration laws.

In most cases, re-entry bans apply for up to three years, depending on the nature and length of the breach.


When Does a Re-Entry Ban Apply?

You may be subject to a re-entry ban if any of the following apply:

  • you overstayed your visa by more than 28 days

  • your visa was cancelled while you were in Australia

  • false or misleading information was provided to the Department of Home Affairs

  • forged or incorrect documents were submitted

  • you breached visa conditions, including:

    • working when your visa did not permit work

    • studying without meeting enrolment requirements

    • failing to maintain genuine student status

  • you were found guilty of a Commonwealth, state, or territory offence

  • you were assessed as a risk to the health, safety, or good order of the Australian community

Re-entry bans apply automatically under migration law once the conditions are met.


Length of the Re-Entry Ban

The exclusion period depends on the circumstances of your case:

  • up to 3 years for unlawful stay or serious visa breaches

  • longer bans may apply in cases involving fraud, identity issues, or repeated non-compliance

The ban usually starts from the date you depart Australia.


Can a Re-Entry Ban Be Lifted?

In limited circumstances, a re-entry ban may be waived for a specific visa application.

To request a waiver, you must demonstrate compelling or compassionate circumstances, such as:

  • serious hardship to an Australian citizen, permanent resident, or eligible New Zealand citizen

  • strong family or humanitarian considerations

  • exceptional circumstances affecting Australia’s interests

A waiver is not automatic. If the Department is not satisfied that compelling reasons exist, the visa application will be refused.

Even if a ban is waived, you must still meet all other visa requirements, including health and character criteria.


How to Prevent a Re-Entry Ban

You can avoid a re-entry ban by:

  • maintaining a valid visa at all times

  • complying strictly with your visa conditions

  • leaving Australia before your visa expires if no further visa is granted

  • understanding work, study, and travel restrictions on your visa

It is your responsibility to know your visa conditions and expiry dates.


Leaving Australia on a Bridging Visa

A re-entry ban does not apply if you held a valid visa for the entire period you were in Australia.

However, a three-year re-entry ban may apply if:

  • you held a Bridging Visa C, D, or E, and

  • the bridging visa was granted more than 28 days after your substantive visa expired

Each case is assessed individually under migration law.


How Visa Aid Can Assist

Visa Aid assists clients with:

  • assessing re-entry ban risks

  • advising on exclusion periods and waiver options

  • preparing submissions for re-entry ban waivers

  • reviewing future visa eligibility following a ban

We focus on accurate advice, compliance, and realistic outcomes.


Important Note

Re-entry bans can significantly affect future visa options.
Incorrect advice or poorly prepared applications may extend or worsen exclusion consequences.

If you are unsure about your status or eligibility, professional advice should be obtained before lodging a visa application or departing Australia.