overstayed partner visa

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  • 1 Post By Maggie-May24
  • 1 Post By CollegeGirl

overstayed partner visa

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  #1 (permalink)  
Old 05-02-2014, 08:55 AM
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Join Date: May 2014
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Users Flag! From australia

overstayed partner visa

Hi I am new to this forum. I saw many questions being answered by others so I would like to discuss my situation and hopefully get some answers and suggestion. I am an australian citizen and got married in june 2012 to my indian husband but at the time we got married my husbands visa was cancelled because he didnt attend the college and all. But now I have been married to him for almost 2 years we have a beautiful son together and on 12 december 2013 we applied for partner visa and they gave him BVC only thing I want to ask is will he be able get temporary visa as his was expired for almost more than 2 years when we applied for partner visa.?I knew that his visa is can
celled when we got married and I did research about filing for partner visa but it was too much money and with we had to get ready everything for our son and I was only getting enough money to support my husband and baby stuff we decided to file partner visa application later so finally on 12 December 2013 we were able to file it. Now my only concern is if he will get the permanent resideny or will immigration reject this application and send him home? Any answers are welcome thank you.

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Old 05-02-2014, 10:13 AM
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You've applied for the partner visa, so I guess time will tell if it's granted. Hopefully the fact that you have a child together will provide the compelling and compassionate reasons for them to grant it. But overstaying a visa is a serious matter that shouldn't be underestimated. The fact that you couldn't afford the visa doesn't change the fact that he should have left the country.

Dinkum likes this.
186 visa - Temporary Residence Transition stream
Granted Dec 2013

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Old 05-02-2014, 11:13 PM
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Hi maggie thanks for reply. I know he has done wrong thing by overstaying. He was thinking of going back to his country many times but we were just scared of the whole situation and I wanted him to be here with me when I had my son as hes our first child. I knew that if he go back he will be banned for 3 years.

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Old 05-03-2014, 12:25 AM
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I have a few things to on comment or questions here.

* Did your husband ever attend the college and all? Will it be seen as an application supplying False & Misleading information to the department?

* Were you in anyway mentioned in the cancelled visa application? If so are they likely to accept you as a sponsor for a person that knowingly breached and harboured a illegal immigrant?

* Did your husband work after visa cancellation? Will your income evidence over the illegal period be seen as adequate for you, your husband, baby and savings?

* Is your husbands listed as a dependant with Centrelink as living with you ? If not then they probable will find out and if you received payments for single parent you might has a large amount to repay.

I do not like the system we have, but every time it gets misused it makes it harder for the next people that do it correctly. There are many others that can not afford the fees, and many people need to return home from temp visas to give birth then wait offshore for an application to be processed that can in cases as long as you have been married. From what you have written there is no reason that most other partners don't want - That is to be together as fast and cheap as can be - I think they have the power to make it a lot longer than 3 years. I may pay to contact a professional agent/lawyer to get advice as in all honesty I believe you both have broken laws in the brief explanation you gave. Sorry.

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Old 05-03-2014, 05:52 AM
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Louise, I have to agree with the above. Do whatever you have to to engage a professional migration agent, or at least do a consultation with one. You've got a lot more to lose here than just money.

By the way - even people subject to three-year bans can still apply for partner visas. If you'd just sent him home you could have had the whole thing done and dusted by now without all the negative consequences you could be looking at at this point.

Dinkum likes this.
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.

  #6 (permalink)  
Old 05-05-2014, 03:14 AM
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No I don't need a lawyer. I already have one. Our is still in process. I am not a person of doing wrong in any situation. As a Christian I pray & have faith that all works out for my little family. Its probably going to be a long process to wait. Thanks

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Old 05-05-2014, 08:50 AM
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First saying "I knew that his visa is cancelled when we got married" almost 2 years ago - then giving enough personal details that the department could do a simple search to know exactly who you are.

I would expect they do monitor this site as there are a few posts from people trying to cheat the system. Its normal these days.

I am pretty sure that would be covered by - accessory after the fact, assisting a criminal or something. I am certain being in Australia without a valid visa is criminal offence thing as is helping hide him (not reporting the fact to the department).

You both have done wrong! there is no doubt in that.

The question is what will the department think of your total disregard for their Laws, Rules, Procedures and Requirements?

The Department might issue God with a Visa! Your husband might find it a little harder.

We are just giving you advice you can take it or leave it.

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Old 05-05-2014, 10:01 AM
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From what I know, partner visas are granted purely based on whether the relationship is genuine, so if you provided enough evidence to support your application, then you shouldn't have any problems having it granted.

Whether DIBP decide to pursue legal sanctions against your husband and possibly yourself will probably be done separate to your partner visa application, but I don't think it will effect your partner visa itself.

Good luck, I understand the feeling of wanting to do anything you can to keep your husband with you when you're a new family. It doesn't make it right, but it's a difficult situation that I can empathise with, probably more than most. I also understand the frustration other people feel who go through the process legally and find it so difficult. No one has the right to seek to circumnavigate the laws and regulations that are in place, when the rest of us have to take "the long way around".

To those talking about the department finding out, I assume they know already as the partner visa has been applied for and he has been issued a BVC, so they are aware that he overstayed his visa. They may pursue legal sanctions, or they may not, but I'm pretty sure DIBP are already aware.

Hopefully, both your husband and yourself have learnt from this and can move on together as a family.

I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

Last edited by Star Hunter; 05-05-2014 at 10:11 AM.

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Old 05-05-2014, 11:37 PM
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Join Date: May 2014
Posts: 4
Users Flag! From australia

All good. Im doing everything I can for my family. If anything & its not accepted I will fight it again for him to stay. If not then so be it I may have to move to be with him. Everyone's advice I have taken & accepted. I was just letting them now I already have lawyer. Im not worried if they monitor the site either we are already going through the process. At the moment my only worry is my son being without his father. I know if it is no option we will be him either way. Thank you all for your advices.

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