deportation or a warning???

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deportation or a warning???

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Old 02-05-2011, 09:56 AM
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deportation or a warning???

hi i am in the process of gathering information for offshore partner visa, this will be lodged in turkey

my partner had been working in albania without a working visa for the past 5 years. He had been in the country first 3 years then departed in (2008) to return to turkey During this departure he was not stopped or questioned or fined in regards to overstaying in the country.

in 2009 he returned back to albania to work once again did not have relevant visa, from my understanding turkey and albania have a new agreement where they can travel within the two countries without a visa upto 90 days.

in sept 2010 my partner had left albania to go back to turkey. during the departure he had to pay a fine on the spot for overstaying 90 days and then was allowed to board the plane but nothing was mentioned to him about a ban to re-enter the country.

my enquiry is in regards to form 47p question no. 80

have you ever:

been convicted of a crime or offence in any country (including any conviction
which is now removed from official records)?

been removed or deported from any country (including Australia)?

been excluded from or asked to leave any country (including Australia)?

1. im not sure if any of the 3 questions above need to be answered yes???? receiving a fine considered as removed or deported???

2. does anyone know if immi aus has a connection with immi albania or turkey to check if my partner had the proper visa'a during his stay in albania or what procedures immi aus has with checking up on this

3. because my partner was fined does that mean his name is now black listed with albania immigration

i would appreciate with any feedback.

thank you

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Old 02-05-2011, 05:52 PM
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Generally speaking, all countries Immi systems could interact with one another and some more so than others and that up to the countries involved but the fine would not be considered a conviction for a court appearance is necessary for that and being fined for an overstay on leaving of own free will is not deportation.
It will be up to albania what they do with their records as far as a blacklisting.

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Old 02-05-2011, 10:31 PM
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thanks for the reply Wanderer.

from my partners situation i have explained do you think this will effect our spouse visa application from being approved if immi does pick up the fact that he did overstay and work illegally in a country

he has basically worked illegally without a visa but did not get caught, and because he has lived in albania for more than 12 months it will be declared on the form

i know it is always best to be honest because when you lie you get caught out sooner or later, im just worried if this information will be a reason for partner not to pass the character check = no visa

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Old 02-06-2011, 12:45 AM
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Yes, he will need to see about getting a police report from Albania and that may say something like he was an overstayer in their country.
But that is not usually used against someone when being sponsored for a temporary/permanent residency visa.

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