Overstayed applying for 820

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Overstayed applying for 820


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Old 03-28-2015, 01:31 PM
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Overstayed applying for 820

Hi there,

I met my husband (Aussie citizen) in may 2014 and we got on well straight away. Moved in together in August 2014 and we decided to get married, got pregnant in October and married January 2015. Now, we are planning to go to DIAC in a couple days to try and get a BVE for myself as I have overstayed my visa by almost a year, hoping that they would give me a BVE so that we can apply for 820. However, we've been told by an agent that if we go to DIAC, they would detain me and send me home which I wouldnt want to do now because I am 6 months along and me and my husband don't want to be separated and he wants to be with me for the whole pregnancy. And the reason that we want to go to DIAC ourselves and not go through a professional agent because we can't afford to hire one and we believe that we can apply ourselves because we both know that we are in a genuine and continuing relationship. But just the list of our problems applying for this visa :
1.i overstayed my visa
2. No rental agreement stating our both names
3 . but I do have a bank statement with our address on
4.we have a joint account but no transactions going in/out of the account cos I have no valid ID to be able to access the account (expired foreign passport)

Can anyone give us any advice on our case please? I'm going in to DIAC in a couple days, just want an assurance whether I'm going to be detained or not.


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Old 03-28-2015, 02:05 PM
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If you've been 'overstaying' your visa for one year, being in a 'continuing and genuine' relationship won't suffice; you might wanna consult with a registered migration agent. You're probably have to apply offshore. I doubt that they would detain you, but you probably won't satisfy the schedule 3 criterion (as they don't see baby as compelling enough reason anymore) even if you got the BVE and apply for the 820. 7k is a lot of money to gamble on, and applying offshore is probably a better and safer idea.

Please correct me if I'm wrong.

waiting_is_happiness and Ev25 like this.

Last edited by Elune; 03-28-2015 at 02:10 PM.

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Old 03-28-2015, 02:29 PM
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But there's no way my husband is gonna let me go offshore to apply. We did go to a migration agent to ask for advice and she did say that I would be able to apply, and she assured me that because I'm pregnant, immi would give me an approval to apply for 820. However, the money she asked for her service is so much $6600 that's not included the immi fees that is why we decided to do it ourselves. Which we did, filled out all forms needed, and collected as much evidence as we could. But we were holding back from applying, because we went to another migration agent for another advice before we go to immi and he said that I would be detained and would be sent home. What do the migration agents do differently that we don't do if we are applying ourselves? Now I'm not sure if we really should spend $6600 on migration agent.

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Old 03-28-2015, 09:49 PM
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hi, having been in a similar situation I can only say get an agent/immigration lawyer. I overstayed by 16 months unknowingly but fiist thing I did was get an agent. costly but worth it. I have paid 12k+ for fees, visas and medicals including agents, but I've learned that it was worth it. Schedule 3 is tough but relatively discretionary so a viable option depending. best of luck!


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Old 03-28-2015, 10:44 PM
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Hire a migration agent NOW!! would be my advice to you!! It's currently March 2015 which means that you were already in the country illegally when you met/married/conceived your child. This is not a case of accidentally misreading something and overstaying by a day or 2.....the entire duration of your relationship you both were aware that you were doing the wrong thing. Hoping for DIBP to be "understanding" due to marriage and baby is a very dangerous strategy that is pretty much guaranteed to fail!! They don't care!

Being in a long term relationship and having a child used to be compelling enough reason to have schedule 3 waived if you applied for a 820 from a non substantiative visa....but not any more!! They are cracking down MAJORLY on people applying for partner visas who are here illegally - If you apply without professional guidance - you will be rejected,you will lose the $7K+ application fee and you will have to go offshore anyway to reapply! I would suggest having a talk with your husband about the possibility of both of you going offshore and applying for the visa there!

Also with your specific situation,I am not sure if after application if you will be eligible for medicare - which is going to make the cost of giving birth here in Aus rather high as well!!

I don't mean to sound harsh but you have placed yourself into a situation where you have pretty much no chance of getting your visa without the assistance of a very good migration agent....

Good luck
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Old 03-28-2015, 10:47 PM
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I would also post this question in the Ask Mark thread on this forum - he is a highly respected and successful agent and he will be able to give you the best answer to this highly complex question

http://www.australiaforum.com/visas-...-ask-mark.html

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Old 03-28-2015, 11:40 PM
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Quote:
Originally Posted by Ev25 View Post
Hi there,

I met my husband (Aussie citizen) in may 2014 and we got on well straight away. Moved in together in August 2014 and we decided to get married, got pregnant in October and married January 2015. Now, we are planning to go to DIAC in a couple days to try and get a BVE for myself as I have overstayed my visa by almost a year, hoping that they would give me a BVE so that we can apply for 820. However, we've been told by an agent that if we go to DIAC, they would detain me and send me home which I wouldnt want to do now because I am 6 months along and me and my husband don't want to be separated and he wants to be with me for the whole pregnancy. And the reason that we want to go to DIAC ourselves and not go through a professional agent because we can't afford to hire one and we believe that we can apply ourselves because we both know that we are in a genuine and continuing relationship. But just the list of our problems applying for this visa :
1.i overstayed my visa
2. No rental agreement stating our both names
3 . but I do have a bank statement with our address on
4.we have a joint account but no transactions going in/out of the account cos I have no valid ID to be able to access the account (expired foreign passport)

Can anyone give us any advice on our case please? I'm going in to DIAC in a couple days, just want an assurance whether I'm going to be detained or not.
You would be ill advised to do this without professional assistance. If you just turn up at a DIBP office, you may well be detained or given 28 days to leave the country. You need to think this through.

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Old 03-28-2015, 11:56 PM
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Thanks everyone for the advice. I know I've put myself, husband and baby in very complex situation, not something that I had always dreamed of. However can anyone tell me what do migration agents do differently that we don't do if we apply ourselves? I did think about hiring one, but because of how expensive she is we decided to do it ourselves. Thanks again. Hopefully me and husband can sort this problem out.


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Old 03-29-2015, 12:31 AM
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Quote:
Originally Posted by Ev25 View Post
However can anyone tell me what do migration agents do differently that we don't do if we apply ourselves? I
Migration agents are experts in dealing with these matters. You are not.

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Old 03-29-2015, 12:34 AM
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Quote:
Originally Posted by Elune View Post
If you've been 'overstaying' your visa for one year, being in a 'continuing and genuine' relationship won't suffice; you might wanna consult with a registered migration agent. You're probably have to apply offshore. I doubt that they would detain you, but you probably won't satisfy the schedule 3 criterion (as they don't see baby as compelling enough reason anymore) even if you got the BVE and apply for the 820. 7k is a lot of money to gamble on, and applying offshore is probably a better and safer idea.

Please correct me if I'm wrong.
You are not wrong.

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