Overstayed Visa. Options?

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  • 1 Post By CollegeGirl
  • 1 Post By kttykat
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Overstayed Visa. Options?

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Old 11-05-2013, 12:58 AM
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Overstayed Visa. Options?

Hi all,

I was hoping that someone on here would be able to give me some advice with my current situation.

I am a British Citizen who moved to Australia in June 2008 to be with my Australian girlfriend who i met in the UK. I entered Australia on a Working Holiday Visa. I lived with my girlfriend for the entirety of the next year and at the end of the year applied for a defacto spouse visa(820) which was approved with no problems.

After about a year into the 820 visa my girlfriend and i split up and she notified DIAC about this. I was in contact with DIAC and cancelled the visa and went onto a bridging visa until i left Australia. This was in June 2010.

It is now November 2013 and i have still not left the country and have not heard anything from DIAC. When i stayed i always anticipated going back to the UK however in February 2011 i met my current girlfriend who is an Australian citizen. I have lived with her for 2 years now and she is unaware of my situation.

At some point i have always known that i would have to sort this out. Recently my father has been diagnosed with dementia in the UK and admitted to a care home on a permanent basis which has brought this all to a head as i have to go back to the UK to see him soon.

Does anyone have any advice on what are the chances i could go to DIAC and apply for a partner visa and be approved or should i plan to leave. I dont want to leave as i have been here for 5 and half years and built a life for myself and want to be with my current girlfriend. I understand though that i have not followed the rules and the chances are i will have to leave.


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Old 11-05-2013, 01:07 AM
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Yikes. You are in quite a spot. I would contact a migration agent first before you go to DIAC. I *believe* that you may still be able to apply for a partner visa. But like I said - talk to a professional first. You have too much at risk here. Mark Northam is great - his website is mnvisa.com.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 11-05-2013, 02:35 AM
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I agree with College Girl, you need to talk to Mark Northam ASAP. Don't go back to the UK before you try and sort this out because if you do chances are that you won't be able to come back for a minimum of 3 years. It is often better to try and sort it out before you leave the country.


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Old 11-05-2013, 08:21 AM
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Hi -

Thanks for the kind words KK and CG! They are absolutely right - this is a situation that needs to be addressed before you leave in order to try and salvage what options you can for returning & going forward. The alternative is a lengthy immigration exit interview at the airport which most do not consider "fun".

Sam - happy to chat with you about things - please contact me via website shown in my email signature below.


Mark Northam

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Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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