Onshore Partner Visa

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Onshore Partner Visa


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  #1 (permalink)  
Old 06-16-2011, 05:49 AM
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Onshore Partner Visa

Hi everybody,

I came to Australia in November 2010 on a 3 month tourist visa with a "No further stay condition".In January 2011, i met my actual partner and we fell madly in love.We have been in a relationship since and decided to move in together and get married.
My question is :would i have any problems with DIAC ,when i lodge my partner visa application,for overstaying my previous visa? I want to apply onshore,since we don't want to be separated.

Thanks in advance for your replies.


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Old 06-16-2011, 07:00 AM
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Originally Posted by kronoss View Post
Hi everybody,

I came to Australia in November 2010 on a 3 month tourist visa with a "No further stay condition".In January 2011, i met my actual partner and we fell madly in love.We have been in a relationship since and decided to move in together and get married.
My question is :would i have any problems with DIAC ,when i lodge my partner visa application,for overstaying my previous visa? I want to apply onshore,since we don't want to be separated.

Thanks in advance for your replies.
simon says ... leave before your visa expires ... Imigration dosnt like people who dosnt follow teh rules... well thats just my view.


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Old 06-16-2011, 07:46 AM
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Originally Posted by znuff007 View Post
simon says ... leave before your visa expires ... Imigration dosnt like people who dosnt follow teh rules... well thats just my view.
It's not just the DAIC - I don't like people who don't follow the rules either!

My fiance is on a tourist visa, 3 month, No Further Stay, he has to leave next month. Depsite the fact we want to be together, no way am I going to jeoardise our long term future together by allowing him to overstay. Come clean to the DIAC and see what your options are - they're going to find out sooner or later that you have overstayed, and the later you leave it the less sympathetic they'll be.

But in all seriousness, I think you're dreaming if you don't think you'll have to be separated for a period of time whiel this gets sorted out...


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Old 06-16-2011, 08:13 AM
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Originally Posted by kronoss View Post
Hi everybody,

I came to Australia in November 2010 on a 3 month tourist visa with a "No further stay condition".In January 2011, i met my actual partner and we fell madly in love.We have been in a relationship since and decided to move in together and get married.
My question is :would i have any problems with DIAC ,when i lodge my partner visa application,for overstaying my previous visa? I want to apply onshore,since we don't want to be separated.

Thanks in advance for your replies.
So just to clarify, if your dates are right, you have already overstayed your visa by 5 months?
If this is the case, it is virtually impossible to get a partner visa (or any other visa), you can consider yourself lucky not to be arrested. If I were you, i'd contact DIAC asap and show them a ticket home so that at the very least, you can avoid a 3-year-ban from Australia or worse.

That aside, with a no further stay condition, you wouldn't be able to apply onshore.


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Old 06-16-2011, 10:40 AM
millie
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Totally agree with all the above, i have no time for not following the rules too. Most people on this forum and others applying for spouse/partner visas have to go through loads of hardships, financial and emotional and it's a rare few for whom this process runs smoothly and who don't have to endure some time separated to eventually be able to get to where they want to be in the long run. It's frustrating for people who do play by the rules to hear stories like this, well at least i know that's how i feel about it anyway! And as Lisa mentioned above there are very serious consequences for overstaying and you most likely have jeoardised any chance of being able to apply for partner visas any time soon.


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Old 06-16-2011, 01:11 PM
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You have seriously breached your visa terms and are now considered an illegal immigrant. If they were to catch up with you now (and trust me, you will be on their list for sure), you run the risk of being held in an immigration detention centre till they can get you on a flight home (at your expense).

Be my guest, apply on shore, the first thing that they will do is call the cop's to arrest the illegal. I don't even need to go into the fact that when you have a no further stay condition on your visa, your not allowed to put in another visa application while on shore

My advice would be to leave the country now and when you get home, employe the services of a very good registered migration agent to see what they can do...if anything. The problem is, that even if by some miracle they did allow to to apply, there is no way on earth that you could reach the 12 month requirement for de facto anyway and they wouldn't even let you use the evidence that you have as you were illegal.

I suspect that at this point that you will incur a three year ban as Australia really, really frowns on things like this. After this point, they may consider you for a spouse visa but it would be really touch and go as you would be unlikely to pass the character test. Also, do not expect to ever be issued with a tourist visa again, its unlikely to happen.

So for the fact that you didn't want to be separated from your partner for a few months means that you may now be separated for over three years. If you truly want to be together, they your partner would have to look at moving back to your home country with you on a permanent basis, knowing that you may never be allowed to settle in Australia because of your actions.

I be quite honest I am utterly blown away at the stupidity of your actions, sorry


Last edited by Kamie; 06-16-2011 at 01:15 PM.

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Old 06-16-2011, 01:30 PM
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Originally Posted by Kamie View Post


So for the fact that you didn't want to be separated from your partner for a few months means that you may now be separated for over three years. sorry
Not sure about that one, I know of one case where the 3 year ban was waived because a spouse visa is a compassionate ground (the person was caught working here illegally and was deported). Leaving the country may also be an issue, as immigration might arrest you at the airport. Better idea to cotact DIAC beforehand.


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Old 06-16-2011, 01:32 PM
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Hi there,

I understand that you want to be together, and that being seperated from your loved ones is painful. I think you have to see a migration agent or migration lawyer to give some professional advice and possibly an action plan as to how you can apply for a partner visa.

I have read of people in this forum getting partner visas after overstaying. A few left on their own accord in order to avoid getting deported, which would definitely put a huge black mark on your record and make getting back to Australia extremely difficult, if not near impossible. They later applied offshore for their visas, and the time together before leaving seemed to be counted toward the assessement of having a genuine relationship.

You need to make a decisive move now to clear your name. Leaving things go on any longer will only complicate things more.

__________________

Last edited by aussiegirl; 06-16-2011 at 01:35 PM.

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Old 06-17-2011, 12:02 AM
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Thanks for all your replies.I know i've made a mistake,but love is blind sometimes.I hope i can fix it without having to leave this beautiful country.


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Old 06-20-2011, 09:42 AM
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Originally Posted by kronoss View Post
Thanks for all your replies.I know i've made a mistake,but love is blind sometimes.I hope i can fix it without having to leave this beautiful country.
well i havent seen my wife for almost a month now.. i miss her more every day .. but i know it will be only for a relatively short time compared to being together forever mmmmm

so if you follow the rules you'll be rewarded in the long run!


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