[summeroh]

Hi all,

I have been getting a lot of help from this forum but now I have encountered a really stupid and terrible situation due to my stupidity.

I've been preparing for the application since November and I was about to lodge it on 18th of Dec because I thought my student visa was expiring on 19th of Dec.

I was moving on pages at the evening time of yesterday(18th) and saw an warning sign about not holding substantive visa which I've never seen before when I was editing on my application. I checked my student visa again and the expiry date was 17th not 19th...

I got so panicked but since I was ready to lodge the application I thought that It's better now than one day later.. So I just lodged yesterday and got a bridging visa C today.

I know how stupid mistake I've made and I know the consequences are mine.

The question is,

1. I'm worried what if my accidental illegal stay of one day in Australia will affect my partnership visa process by resulting a rejection..

2. I got Bridging visa C, which has no work permit and no travel. I can apply to work for BVC by proving my financial hardship. but as far as i know there's no other way to be able to travel outside Australia.
I want to go overseas to see my family at least once a year.. Is there any other way for me to get travel right ?

3. Tell me any other concerns regarding my situation.


Please help.. It will be very much appreciated.

Thank you,
Summer

 

[CCMS]

1. I'm worried what if my accidental illegal stay of one day in Australia will affect my partnership visa process by resulting a rejection..

2. I got Bridging visa C, which has no work permit and no travel. I can apply to work for BVC by proving my financial hardship. but as far as i know there's no other way to be able to travel outside Australia.
I want to go overseas to see my family at least once a year.. Is there any other way for me to get travel right ?

3. Tell me any other concerns regarding my situation.

1)that could well be the case because of schedule 3 criteria, especially 3004
2)no way to get travel tights on a BVC unfortunately
3)schedule 3 criteria

820.211(d)
in the case of an applicant who is not the holder of a substantive visa
(ii) the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria.

 

[ampk]

Unless you can meet schedule 3, you may have made a $7,000 donation to DIBP.

Consult a RMA to see if you have any chance and/or prepare for what will happen next.

 

[summeroh]

Thanks for the reply. As far as I know, for people who have overstayed more than 28 days they need to meet schedule 3. Would I still need to meet schedule 3? Are you sure about that?

 

[CCMS]

Thanks for the reply. As far as I know, for people who have overstayed more than 28 days they need to meet schedule 3. Would I still need to meet schedule 3? Are you sure about that?

Read up on 3004. The 28 day period only applies to 3001.

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_reg/mr1994227/sch3.html

It will be hard to argue that this happened because of circumstances beyond your control, so that means you need a waiver for 3004.

 

[ampk]

You have major problems.

Not sure if this is current but will give an idea.

https://www.dropbox.com/s/xr3itps2tu3vf5u/820 PAM3.docx?dl=0