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unlawful defacto - Page 2


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  #11 (permalink)  
Old 07-10-2014, 03:48 AM
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we are in similar situation. I overstayed here and with my partner in de facto relationship too. I went to Sydney Immigration Department at L4 to enquire if i can lodge in 820 onshore. They check my previous visa without 8503 condition '' no further stay'' that means i can apply onshore. They granted me a bridging visa E for a month , the immigration staff ask me have to lodge in an application in a month. In a month, we lodge in application and then get bridging visa E that untill getting that result of visa 820.
i dont know if you got a visa E before lodging in 820 application. Because i know most of Immigration Agents have not done overstay or unlawfull citizen cases. I enquired immigration agents that they need to charge at least several thousand dollars. After i enquired immigration department directly, they teach me how to do it step by step. Now i am waiting for my 820 visa.
it is better go to Level 4 sydney immigration department to enquire, and they cannot detain you .
Later i will write my case about an overstayer in australia applying visa 820

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820 paper on 29/06/14
NPC on 29/06/14
Health Check on 4/7/14
still waiting

  #12 (permalink)  
Old 07-10-2014, 04:23 AM
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Hi 29Pras,

Up until very recently it was possible to apply for a spouse visa if you were unlawful or had had a visa refused, and long as you could show compelling and compassionate grounds. In the last two weeks DIBP have come out with a policy change making this much harder. You now have to show that you became unlawful through circumstances beyond your control (that is you had an accident or were very ill).

In your case you will probably have to withdraw your application and re-lodge offshore. I know, even more expense, but It may be the only way that you get your visa.

Normally the fact that you have been unlawfully in Australia should not affect an offshore visa application as long as you have all the evidence you need to show that you are in a genuine and continuing relationship, which you obviously are.

Good luck. I hope things go well for you.

Regards

Jeremy Hooper
MARN 0107902

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Old 07-10-2014, 04:54 AM
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Really good info, Jeremy, thanks. Sounds like a pretty major change, and this is the first I've heard of it here, but it seems to corroborate what OP's agent is telling him. This is going to separate a lot of couples... sad.

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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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  #14 (permalink)  
Old 07-10-2014, 04:54 AM
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Thank you very much for the info.


  #15 (permalink)  
Old 07-10-2014, 05:03 AM
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Thanks everyone for the updates, but ericericpeter have you applied for schedule 3 waiver which waves off unlawful overstay

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  #16 (permalink)  
Old 07-10-2014, 05:34 AM
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I was not required to waive schedule 3.
Please read this australiaforum.com/visas-immigration/19339-accidentally-overstayed-must-now-satisfy-schedule-3-partner-visa.html

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820 paper on 29/06/14
NPC on 29/06/14
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  #17 (permalink)  
Old 07-10-2014, 02:06 PM
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Hi there.
My partern overstayed in Australia. He had a few days to waive the 'condition 8503' with the help of a migration agent and was refused. Now we're applying offshore since he's back to his country. Like what jeremy said it's better to apply offshore. We used a migration agent cos our case was abit complicated and needed to waive the 3 year ban (due to overstaying). all the best!

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Last edited by 26777; 07-10-2014 at 02:12 PM.

  #18 (permalink)  
Old 07-10-2014, 08:23 PM
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Thanks for the reply.....my lawyer is working out alternative instead of applying offshore as the schedule 3 waiver rule has been changed after launching my 820/801 partner visa, hope something positive comes out, and if I go my country to apply offshore I will be on 3 years ban as I overstayed my visa more over very hard to efford it's cost.hope everything goes good.

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Old 07-11-2014, 04:52 AM
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Quote:
Originally Posted by 29pras View Post
Thanks for the reply.....my lawyer is working out alternative instead of applying offshore as the schedule 3 waiver rule has been changed after launching my 820/801 partner visa, hope something positive comes out, and if I go my country to apply offshore I will be on 3 years ban as I overstayed my visa more over very hard to efford it's cost.hope everything goes good.
No worries. You'd be so lucky if the visa is granted whilst you're in Australia.
Waiving the condition 8503 for my partner was like 2 years ago so yeah... lots of things have changed over the past years. Good luck!

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  #20 (permalink)  
Old 10-11-2014, 10:45 AM
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Hi ....my name is prashanth and I applied onshore partner visa and I got bridging visa c because I stayed here even my student visa git canceled. ...just wondering is there any chance of getting bridging b to travel overseas. ..is there any one who got it please help.


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