Exemption to leave Australia

[Aidan and Dylan 5]

Hi, my fiance lives in Australia and will have to apply for an exemption to leave before he can travel because the country is on lockdown due to Corona Virus. Has anyone experienced this and did they have trouble or success with it, how long did it take to get clearance to leave? Does it cost anything? Is it mega difficult? Any advice or info. would be appreciated.

[MrKoala 7]

I've recently applied for a travel exemption (still waiting for my K1 to be approved). The 1st attempt was rejected as there was not much support / evidence which is learned quickly. My 2nd attempt went through and was approved.

 

The main tips I can give you would be;

Apply for the 'Travel for 3 months or longer exemption

Make sure on the Statutory declaration you state the following (this is on the home affairs website under leaving Australia); my stat dec was in point form with the below

1.  'you are making an application for travel exemption on the basis that you intend to be absent from Australia for more than three months'
2. 'you have read and acknowledge advice about travel risks, including delays returning to Australia'

 

Other things that I included in the stat declaration were;

• Evidence to show that I could support myself for more than 3 months, if travel was shut down. A summrarised bank statement of accounts should be sufficient
• Airline booking showing you have booked a one way ticket too your destination.
• Include a compassionate statement to say someting along the lines of 'my fiance and I have not seen each other for xxxx days due to the travel restrictions that have been set with COVID.
• Your intentions to live with your fiance at (insert address here)
• Do you have a signed notarised affidavit showing your intentions to marry your fiance? Include that.
• Any evidence to show you have sold your property as preperation for leaving the country
• Evidence to show you have quit your job like a final pay slip or even a letter from your employer saying that you no longer work there.
• Most importantly put this statement in your stat dec - I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act
• 1959, and I believe that the statements in this declaration are true in every particular.

I had the stat dec signed just at the local police station, and then uploaded it to the website where you apply for the travel exemption. I also included attachments for each point to show evidence (bank statment, sale of my property, letter to say I was no longer employed etc). The more evidence you can provide to show them that you are tying up lose ends or finalasing your affairs the better.

 

With both attempts, they were pretty quick at responding to my request (within 2 working days). My understanding is that they process the applications based on your travel date. Some people are saying not to book airline tickets, while others are saying to book airline tickets (obviosuly one way) which is more evidence to support your applications as it shows you have no intentions to come back.

 

Best of luck

 

Request 

[Aidan and Dylan 5]

Hey MrKoala!

 

Thank you for this detailed info! Curious as to what your timeline has looked like so far? Have you already had the interview and are waiting for approval? Have you bought an airline ticket? 

Wishing you the best of luck on your journey and looking forward to hearing more!

 

Aidan

[MrKoala 7]

Thanks,

 

We applied for our K1 visa which was received on the 9th July 2020, it has gone pretty smoothly. I had my consulate interview last Tuesday. When I met with the 1st consulte official to check and take my paperwork, he advisd me that I had the wrong National Police Check and my application would not be approved. As soon as I heard this my heart just sunk and I felt sick in my stomach. I was kicking myself for such a stupid error. I had the National Police Certificate from the NSW police, however its the AFP certificate that is required (I believe is the code 33 one you need to select). The interview still went through and they were happy with the answers and documents that were provided. I received a yellow piece of paper which showed what I needed to provide in order for the case to be approved.

 

Unfortunately the consulate interviewer was not really very helpful with telling me exactly which federal police check I needed to request which made it even more stressful. As soon as I got home I went onto the AFP website and applied for the Police Certificate: Purpose Type - Commonwealth Employment / Purpose, Purpose of Check - 33 Immigration / Citizenship). We went for just the standard check (I think that was approx $42 or so) instead of the fingerprint one. From what we have seen on this forum this seems to be the one most people have requested, however there has been some cases where this still has not been accepted. 

 

I received an email from the AFP early Thursday morning to advise that my federal police certificate had been completed and was in the mail. I was hoping that it would arrive in the mail on Monday, as Australia Post are only delivering every 2nd business day for regular mail, but this was not the case. I was incredibly disappointed that regular mail from Canberra to Sydney metro area would take longer than that, especially as they had all weekend to move the mail between hubs. So now we have our fingers crossed that it arrived Wednesday.

 

Then its just a matter of emailing them a copy of the police certificate and also posting them the original (they need to site the original) before the visa will be processed. I overheard the official say to the applicant before me that the visas are printed on Tuesdays and Thursdays, before being sent out with the paperwork that needs to be handed to the immigration officer once you land in the USA.

 

All of this is causing a lot of added anxiety and stress. There has been countless sleepless nights hoping what we have done is corret. What has added to the anxiety is that we have wedding plans for late this month (May). We are trying to stay positive through all of this, but it has been difficult with this convulated bureaucratic process.

[Aidan and Dylan 5]

Oh wow, I'm so sorry to hear all that you've had to go through, it sounds like a very exhausting process and frustrating as well especially when your intentions were right on. Thanks for all this info. it's incredibly helpful. Do you have an immigration lawyer? We do but he doesn't know the Australia side as much as the US side of things so we're wanting to figure it all out before Dylan has to travel. He's in Western Australia and had to travel to Sydney to do all the steps you're going through now. I sure hope you get some peace of mind soon. 

[MrKoala 7]

This last process has been very hard. I will admit that part of this was our own fault, as we did book the wedding and accomodation prior to knowing the outcome of the interview. We were a little ahead of ourselves and maybe a little too confident that everything would go through without any issues.

 

We are using a US Immigration lawyer from Austin, TX  for our K1 (that is where my fiance is). They have been incredibly helpful with the whole process and have put together the paperwork once we have supplied everything we needed to. There were a few issues with the Australian side of the law, but it was resolved petty quickly and didnt hold up the process.

 

How far along are you with your application? Has an interview been scheduled yet?

[Aidan and Dylan 5]

Austin is such a fun place! Yeah we're trying to stay cool but we're getting ansy too. We are on the verge of hearing back about the application going through so we can schedule an interview...medical exam...police check, and then book a flight. The processing time was 5-7 months, but now it's 7.5 and that extra two weeks is starting now, so hopefully any day now we will get notice. Since Dyl is in Western Australia, I think he has to get over to Sydney for all of the processes to leave since that's where the consulate is. I'm in Moab, Utah, where we met and want to live for a bit. We're pretty burned out from the process as we haven't seen each other for 16 months but we're hanging in there. I wonder how long it takes from getting the notification to be able to get the interview scheduled. I was told 4-6 weeks, does that seem to be about right? 

[MrKoala 7]

I hate the waiting game, its so frustrating as there is no way of tracking the status, you can really only see the processing times for the USCIS. Our I-129F took 7.5 months (210 days) to process and approve. Once we have the approval notice (email) things moved quickly. From the time we received the approval notice from the USCIS, to the scheduled interview date / time it took approx 2 months. We tried to be as organised as possible, so as soon as we had the scheduled interview time / date I booked the medical examination. I had my medical examination at the O'Connell St practice in Sydney, 4 working days prior to my interview. The results did arrive prior to my interview, but I would suggest giving it a little more time (maybe at least 6 or 7 working days). I have attached what will be required to bring along to your fiances appointment for their medical. It takes approx 3 hours to complete and will cost approx $550 in total (this included the bloodwork, x-ray and the doctors appointment).

 

I have also attached the K required documents for the consulate interview. You can never be too organised and I just wish I was and didn't overlook the federal police check. From what I have read the federal police check is valid for 12 months, so it might be an idea to request for this once your approval has come through from the USCIS. I also had a backup of my US size passport photos in case they were rejected. I had one set done at Australia post, and the other done at the local officeworks (staples equivalent in the US). I also took both a large Express Post Envelope and Express Post Satchel. My interviewer preferred the satchel over the envelope so I have him that.

 

My fiance and I are in the same boat, we have not seen each other for almost 15 months. It has been incredibly difficult especially with this last hurdle. However FaceTime, iMessage and just regular phone calls have helped. But its nothing like being together.

 

If you have any other questions, please feel free to reach out. I will Direct Message you my email address. 

K Required Documents.pdf Paper-based US VISA - What to bring on the day.pdf

[Sharmarine 50]

On 5/4/2021 at 11:20 AM, Aidan and Dylan said:

Oh wow, I'm so sorry to hear all that you've had to go through, it sounds like a very exhausting process and frustrating as well especially when your intentions were right on. Thanks for all this info. it's incredibly helpful. Do you have an immigration lawyer? We do but he doesn't know the Australia side as much as the US side of things so we're wanting to figure it all out before Dylan has to travel. He's in Western Australia and had to travel to Sydney to do all the steps you're going through now. I sure hope you get some peace of mind soon. 

Hi there, I'm in Western Australia also! Our NOA1 was September 4th last year and the NOA2 was March 31st this year. We are now waiting to hear from the Sydney Embassy, which hopefully will be this week. We too have an immigration lawyer who is in Florida, and they have been so very helpful. 

 

I am dreading applying for an exemption to leave Australia, it seems so daunting. Yet I want it done as soon as possible, especially if the government does decide to make it more difficult. Also, I don't have a substantial amount of money saved up, to show that I'll be able to support myself (all I will have is my partner's Affidavit of Support. He has a good job so is able to comfortably support me). Should an exemption be applied for prior to the Embassy interview? Or best to wait until the outcome of the interview is known? So many questions about the entire process, how best to compile and present the paperwork needed while ensuring that the files are the right sizes to be uploaded. At least if the first application is rejected, more attempts can be made until it's approved.

[MrKoala 7]

9 hours ago, Sharmarine said:

Hi there, I'm in Western Australia also! Our NOA1 was September 4th last year and the NOA2 was March 31st this year. We are now waiting to hear from the Sydney Embassy, which hopefully will be this week. We too have an immigration lawyer who is in Florida, and they have been so very helpful. 

 

I am dreading applying for an exemption to leave Australia, it seems so daunting. Yet I want it done as soon as possible, especially if the government does decide to make it more difficult. Also, I don't have a substantial amount of money saved up, to show that I'll be able to support myself (all I will have is my partner's Affidavit of Support. He has a good job so is able to comfortably support me). Should an exemption be applied for prior to the Embassy interview? Or best to wait until the outcome of the interview is known? So many questions about the entire process, how best to compile and present the paperwork needed while ensuring that the files are the right sizes to be uploaded. At least if the first application is rejected, more attempts can be made until it's approved.

Defintely wait until after your interview and see if there is anything else required. The exemption to leave is valid for 3 months. Don't be too concerned if you cannot provide evidence that you can support yourself while overseas. I used as much evidence as I could to support my stat dec. It would be worth mentioning in the stat dec the terms of the K1 visa (90 days to travel and marry your fiance). Also make sure you read what they require when applying for the more than 3 month travel exemption. There are things you must put in writing in the stat dec (as in bold on the home affirs website); https://covid19.homeaffairs.gov.au/leaving-australia#toc-7

• The Statutory Declaration must state you are making an application for travel exemption on the basis that you intend to be absent from Australia for more than three months.
• Australia for three months or longer, your proposed travel must be for a compelling reason and you must provide evidence to support your claims.
• If you apply for a travel exemption, you must read and acknowledge advice about travel risks, including delays returning to Australia. 

Any further evidence that you can show to prove that you are moving for +3 months you should put in there too. Like 'I regsined from my job at XXX with my last day being XXX'. 'I sold my house / apartment, the settlement date was XXX' or 'I terminated my rental agreement with XXX with my move out date being XXX'. 'I sold my car on the XXX'. The approval of your K1 will be the main thing you want to put in there, and also show evidence / email from the consulate that this has been approved.

[Sharmarine 50]

13 hours ago, MrKoala said:

Defintely wait until after your interview and see if there is anything else required. The exemption to leave is valid for 3 months. Don't be too concerned if you cannot provide evidence that you can support yourself while overseas. I used as much evidence as I could to support my stat dec. It would be worth mentioning in the stat dec the terms of the K1 visa (90 days to travel and marry your fiance). Also make sure you read what they require when applying for the more than 3 month travel exemption. There are things you must put in writing in the stat dec (as in bold on the home affirs website); https://covid19.homeaffairs.gov.au/leaving-australia#toc-7

• The Statutory Declaration must state you are making an application for travel exemption on the basis that you intend to be absent from Australia for more than three months.
• Australia for three months or longer, your proposed travel must be for a compelling reason and you must provide evidence to support your claims.
• If you apply for a travel exemption, you must read and acknowledge advice about travel risks, including delays returning to Australia. 

Any further evidence that you can show to prove that you are moving for +3 months you should put in there too. Like 'I regsined from my job at XXX with my last day being XXX'. 'I sold my house / apartment, the settlement date was XXX' or 'I terminated my rental agreement with XXX with my move out date being XXX'. 'I sold my car on the XXX'. The approval of your K1 will be the main thing you want to put in there, and also show evidence / email from the consulate that this has been approved.

Thanks so much for your advice!  It's definitely helpful. I'm not currently employed, so I do volunteer work instead. I'm hoping that a letter from the organisation which I volunteer for, to state that I will no longer be with them, will suffice as proof of termination? I'll use it anyway. Are things such as evidence of relationship/communication (such as chat logs, emails to eachother etc) worth using as well? Or is it more important to focus on evidence that shows as to why I need to travel now and why, along with proof that I will not be returning in less than 3 months, and that my intention is to migrate to the US permanently? 

 

It does worry me that the government is considering getter tougher on exemptions. Which is why I really do hope to get an exemption before it potentially does become more difficult. 

[MrKoala 7]

13 hours ago, Sharmarine said:

Thanks so much for your advice!  It's definitely helpful. I'm not currently employed, so I do volunteer work instead. I'm hoping that a letter from the organisation which I volunteer for, to state that I will no longer be with them, will suffice as proof of termination? I'll use it anyway. Are things such as evidence of relationship/communication (such as chat logs, emails to eachother etc) worth using as well? Or is it more important to focus on evidence that shows as to why I need to travel now and why, along with proof that I will not be returning in less than 3 months, and that my intention is to migrate to the US permanently? 

 

It does worry me that the government is considering getter tougher on exemptions. Which is why I really do hope to get an exemption before it potentially does become more difficult. 

Don't worry about it yet, there are other things you should focus on for now. One thing that will also help is the letter from the US Consulate when they return your paperwork / passport etc with the approved Visa. There is a letter from the consulate explaining the K1 visa and the requirements (ie travel and marry within 90 days etc). Scan and upload this as support evidence to your Stat Dec and it should help with your application.

[Sharmarine 50]

9 hours ago, MrKoala said:

Don't worry about it yet, there are other things you should focus on for now. One thing that will also help is the letter from the US Consulate when they return your paperwork / passport etc with the approved Visa. There is a letter from the consulate explaining the K1 visa and the requirements (ie travel and marry within 90 days etc). Scan and upload this as support evidence to your Stat Dec and it should help with your application.

Once again, thanks so much for your help. When the time comes for me to begin applying for an exemption, would you mind if I ask you questions, should I need some help? 

[MrKoala 7]

13 hours ago, Sharmarine said:

Once again, thanks so much for your help. When the time comes for me to begin applying for an exemption, would you mind if I ask you questions, should I need some help? 

Sure, you might find that the letter from the consulate will be enough evidence when you put your application through. 

[yvonme 124]

On 5/9/2021 at 7:34 AM, Sharmarine said:

Hi there, I'm in Western Australia also! Our NOA1 was September 4th last year and the NOA2 was March 31st this year. We are now waiting to hear from the Sydney Embassy, which hopefully will be this week. We too have an immigration lawyer who is in Florida, and they have been so very helpful. 

 

I am dreading applying for an exemption to leave Australia, it seems so daunting. Yet I want it done as soon as possible, especially if the government does decide to make it more difficult. Also, I don't have a substantial amount of money saved up, to show that I'll be able to support myself (all I will have is my partner's Affidavit of Support. He has a good job so is able to comfortably support me). Should an exemption be applied for prior to the Embassy interview? Or best to wait until the outcome of the interview is known? So many questions about the entire process, how best to compile and present the paperwork needed while ensuring that the files are the right sizes to be uploaded. At least if the first application is rejected, more attempts can be made until it's approved.

It seems daunting too! Let us know how it goes for you. Seems like several of us are planning on interviewing/planning to leave in the next couple of months. We are currently waiting on the Consulate to contact for an interview.