Overstay for 8 years and despertly wanting to stay with my defecto in Australia

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Overstay for 8 years and despertly wanting to stay with my defecto in Australia

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Old 12-18-2010, 08:43 AM
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Overstay for 8 years and despertly wanting to stay with my defecto in Australia

I have been viewing most of the post on forum and I am just wondering if anyone who can advice on what I should do to resolve my situation. I am disparately wanting to continue living with my partner in Australia lawfully as this place has become my home and life.

I am a Burmese citizen and have been lived in Australia for 10 years all together. I lived most my life in Malaysia with my family. I came to Australia in 1999 when I was 22 and took 3 years to complete my Bachelor of Business Degree in UTS. In 2002, I went to American to visit my parent in America, and lived there with them for 1 years. However to further pursue my study, I came back to Australia to study MBA in 2003.

Soon after I came back I started a relationship with my partner, and have been together since then.

My student visa has been canceled due to not meet the satisfactory requirement for attendance. However, I only found out this after a period of time. And it was at the stage that there was nothing I can reverse the fact that I have been unlawfully overstayed my visa. I was and still am deeply in love with my partner. At the time, I made a decision to stay with him as I do not want to leave him. And he was unable to go to Burma with me due to his study at the time. We have been living together for the past 8 years. And he is permanent residence holder.

I never lived in Burma since my childhood. I do not have any one to depend on as my parents have migrated to America with my younger sister. My older sister still live in Burma. But she has her own family. And I cannot depend on her. Also, I cannot go back there due the unstable political environment and poverty.

My parents have applied an American permanent residence for me in America two years ago. I was unable to let go what I have in Australia with my partner and the emotional dependency with my partner. So I foolishly decided to continue stay with him as a defacto unlawfully. And ignore the opportunity to live in America.

I have come to a point of realization that I have to resolve this matter to move on my life with my partner. I am desperately seeking options to resolve this situation which I feel my life is in Australia with my partner but I am unlawful to stay here.

Can anyone share some lights on how to go about my situation and avoid the leaving my home and my partner in here? Is any legal expert any one and recommend me to contact?

Thanks heaps

Last edited by Shu Feng; 12-18-2010 at 08:46 AM.

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Old 12-19-2010, 12:47 AM
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Hi there,

You're certainly in a very difficult situation. I understand you love your partner, but this is a very serious matter and not something you can handle yourself. You need to talk to a migration agent if you really want the best chance of staying onshore.

Your period of overtaying your visa is not going to be easy to expain, so you need an expert to help you with your case. It's not an issue that this forum can answer correctly, so get some professional help.

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Old 12-20-2010, 05:50 AM
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As aussiegirl indicates, your situation is quite serious and even in using an agent I would not at all be surprised that you find yourself with the options of booking a flight out of Australia and leaving of your own accord or finding yourself deported.
The advantage of making plans and booking a flight out may minimise the possibility of finding yourself in a detention centre awaiting deportation.
You could seek the advice of an agent and be prepared to pay for it though some may offer an initial consultation at no or a minimal fee.
Have a look via Migration Institute of Australia

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