overstay in england for 10 days, can i get a student visa to australia

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overstay in england for 10 days, can i get a student visa to australia


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Old 07-11-2013, 05:10 AM
SSB SSB is offline
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overstay in england for 10 days, can i get a student visa to australia

hello there,
i stayed in England for almost 4.5 years (2.5 years as student and 2 years on psw work permit). i overstayed 9 days after my visa expired. now my wife wants to pursue masters in australia. will it be any problem to get student visa to australia. my wifes passport has got a visa sticker and also return immigration stamp stamped in india which is over stayed by 10 days to uk visa expiry date, she stayed hardly 9 months in uk on my dependent (PSW dependent). we are not deported , we ourselves returned to india. but was woried about how to deal this situation.

thanks and respect


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Old 07-11-2013, 05:22 AM
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The application asks you if you have ever been removed or asked to leave so if the UK Border Agency didn't issue anything formal to you and you left on your own accord, I don't believe you will have a problem.

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Old 07-11-2013, 05:27 AM
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Originally Posted by kmarees1986 View Post
The application asks you if you have ever been removed or asked to leave so if the UK Border Agency didn't issue anything formal to you and you left on your own accord, I don't believe you will have a problem.
thanks for your reply,

but the applications also asks

" have u left any country to avoid being removed or deported?

do i need to state that in australia form or do i need to be silent on it


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Old 07-11-2013, 05:30 AM
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Good question, I would wait for further responses.

I would imagine that that question is directed at some sort of other migration issue, however I could be wrong. Either way if thats what it asks, I would be up front if I was you.

At the end of the day it was only a short period of time you overstayed and if you explain why I don't think it will be an issue.

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Old 07-11-2013, 05:37 AM
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[QUOTE=kmarees1986;103529]Good question, I would wait for further responses.

I would imagine that that question is directed at some sort of other migration issue, however I could be wrong. Either way if thats what it asks, I would be up front if I was you.

At the end of the day it was only a short period of time you overstayed and if you explain why I don't think it will be an issue.

so shall i go ahead with in applying my wifes student visa to australia?


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Old 07-11-2013, 05:38 AM
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[quote=SSB;103532]
Quote:
Originally Posted by kmarees1986 View Post
Good question, I would wait for further responses.

I would imagine that that question is directed at some sort of other migration issue, however I could be wrong. Either way if thats what it asks, I would be up front if I was you.

At the end of the day it was only a short period of time you overstayed and if you explain why I don't think it will be an issue.

so shall i go ahead with in applying my wifes student visa to australia?
I'm no expert - I would wait for more advice.

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Old 07-11-2013, 05:40 AM
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[quote=kmarees1986;103533]
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Originally Posted by SSB View Post

I'm no expert - I would wait for more advice.

thanks buddy, much appreciated for your advice.


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Old 07-11-2013, 06:24 AM
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My thought: If you believe you were going to be deported and left the country for that reason, answer "yes" to that question, otherwise, answer "no". A very short overstay generally is not cause for deportation/removal (which essentially means being taken out of a country either against your wishes or in a manner paid for by the government in order to force you to leave).

Best,

Mark Northam

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Old 07-11-2013, 06:28 AM
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My thought: If you believe you were going to be deported and left the country for that reason, answer "yes" to that question, otherwise, answer "no". A very short overstay generally is not cause for deportation/removal (which essentially means being taken out of a country either against your wishes or in a manner paid for by the government in order to force you to leave).

Best,

Mark Northam
thank you for your response mr. mark,

but on my wife's passport there is a visa sticker and a return immigration date stamp. so i guess they would be definitely knowing the overstay period and what answer should i give them ?

thankx


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Old 07-11-2013, 06:32 AM
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Hi -

It's up to you, but an overstay does not necessarily indicate a threat of deportation. In the end, if asked, you need to be able to defend your answer to the questions no matter which way you answer. I don't know enough about your case to say any more at this point.

Best,

Mark Northam

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