GriptapeThumb Posted September 13, 2013 Share Posted September 13, 2013 Hi, to cut a long story short, i arrived in australia in January 2010 on a WHV, for a number of reasons i ended up overstaying that visa and i'm still living here unlawfully (i know, i know) the other day immigration agents came knocking at my house looking for me, fortunately i wasn't there but a card was left and the agent has made attempts to contact me aswell as contacting everyone else on the lease. the main reason i have overstayed is due to being in a relationship, i have been in this relationship for over 2 years, after meeting in australia. obviously it would shatter me to me without my girlfriend so that is why i am trying to seek advice and i have informed the immigration officer that i am seeking legal advice and will be in contact as soon as possible. my question is, does anyone know if there is any possible way i could be granted a de facto visa based on the fact i have overstayed for 20 months, nearly entirely due to having an australian partner? i see most immigration lawyers charge an initial consultation fee and i am skeptical as to if there is any point wasting money if there is no hope. also if anyone has any suggestions for immigration lawyers in Melbourne, i would greatly appreciate it thanks a lot for your help! Link to comment Share on other sites More sharing options...
furkew Posted September 13, 2013 Share Posted September 13, 2013 I would suggest getting in touch with a migration agent. I assume your relationship is worth investing a bit of money to get expert advice? (and I think you might be in a bit deeper than you realize) Try gomatilda. They have Melbourne offices and I have used them twice and would recommend. If they cant help im sure they will be able to point you in the right direction. Link to comment Share on other sites More sharing options...
Peach Posted September 13, 2013 Share Posted September 13, 2013 To be quite frank - and am happy to be corrected - I think you're stuffed. You've massively overstayed and waited until you were caught to do anything about it. I think you will face deportation and a three year ban. The good news is if you manage to maintain your defacto relationship long distance you will be elligible to apply for a permanent partner visa once you can show you have been together for three years and the relationship has been ongoing despite you being overseas (bans do not apply to permanent visas). Link to comment Share on other sites More sharing options...
furkew Posted September 13, 2013 Share Posted September 13, 2013 To be quite frank - and am happy to be corrected - I think you're stuffed. You've massively overstayed and waited until you were caught to do anything about it. I think you will face deportation and a three year ban. . those were my thoughts as well, but talking to an migration agent or lawyer would be recommended anyway IMO. Link to comment Share on other sites More sharing options...
Peach Posted September 13, 2013 Share Posted September 13, 2013 those were my thoughts as well, but talking to an migration agent or lawyer would be recommended anyway IMO. Absolutely, to add to my comment OP definitely speak to Go Matilda.... Link to comment Share on other sites More sharing options...
GriptapeThumb Posted September 13, 2013 Author Share Posted September 13, 2013 Absolutely, to add to my comment OP definitely speak to Go Matilda.... Thanks, I will try them ASAP. I am well aware of the three year ban and to be honest am not holding out much hope. I'm just trying to see if anyone has heard of similar circumstances and what the outcome is. Thanks Link to comment Share on other sites More sharing options...
Guest Posted September 13, 2013 Share Posted September 13, 2013 Agree with the above. Pretty stuffed by the sounds of it. Chat to an agent though. If you were on a WHV and your partner is within the age range for a UK one perhaps consider both heading to the UK for a couple of years if you want to continue to be together? Then only a year or so till able to try to get back to Aus. You could perhaps then head to NZ for a year WHV if you still qualify and partner could go also. Link to comment Share on other sites More sharing options...
blossom Posted September 13, 2013 Share Posted September 13, 2013 In all likelyhood you will end up with a three year ban and having to leave the country. You can actually still have pr granted while on a three year ban, so there is some hope. Contact Go Matilda. Is the two of you moving to nz for a while, or the uk an option? I met my husband while I was on a whv and he was on a tourist visa. He overstayed by ten months and got a three year ban. We did eventually get back. They want full honesty. Link to comment Share on other sites More sharing options...
Quoll Posted September 13, 2013 Share Posted September 13, 2013 Can your partner move back with you. I concur - you're pretty much stuffed and unless you want to make a bad situation worse you will have to cop it sweet and hopefully avoid Villawood. Good to know that DIAC is actively chasing overstayers though on the plus side Link to comment Share on other sites More sharing options...
Sammy1 Posted September 13, 2013 Share Posted September 13, 2013 Go back to the UK, you have been here illegally for a long time. In three years you can apply to come back over. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted September 13, 2013 Share Posted September 13, 2013 In all likelyhood you will end up with a three year ban and having to leave the country. You can actually still have pr granted while on a three year ban, so there is some hope. Contact Go Matilda. Is the two of you moving to nz for a while, or the uk an option? I met my husband while I was on a whv and he was on a tourist visa. He overstayed by ten months and got a three year ban. We did eventually get back. They want full honesty. As blossom79 says, the 3 year ban doesn't stop you applying for the Spouse Visa the second you land offshore. You've been defacto for more than 12 months. The Spouse Visa is PR and the ban only prevents you applying for Temp Visas. Yes, you only qualify for the Temp Spouse Visa due to being together less than 3 years, but you actually apply for PR and DIAC decide to whether to give you PR in one go or do it in two stages...that's their choice, so the Spouse Visa application is still seen as a PR application and is not subject to the ban. The varying advice on when you can or can't apply for the Spouse Visa during any ban is a perfect example of why you should be speaking to a professional who can give you the advice you need rather than us amateurs. You are in a situation of your own making. You're essentially on the run from the law...so stop stuffing about with amateur advice online, go see a professional. Do it right now. There is nothing more important than this, so whatever you are doing, stop it, and speak to an agent immediately. There will be a strategy to achieve the best possible outcome (however good or bad that may be) and paying a bit of money to find that out quickly before Immigration raid your house or workplace is more than worth it. Putting your head in the sand hasn't really worked out all that great for you so far, so stop doing it and go to a professional. DIAC won't give up looking for you. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted September 13, 2013 Share Posted September 13, 2013 As blossom79 says, the 3 year ban doesn't stop you applying for the Spouse Visa the second you land offshore. You've been defacto for more than 12 months. The Spouse Visa is PR and the ban only prevents you applying for Temp Visas. Yes, you only qualify for the Temp Spouse Visa due to being together less than 3 years, but you actually apply for PR and DIAC decide to whether to give you PR in one go or do it in two stages...that's their choice, so the Spouse Visa application is still seen as a PR application and is not subject to the ban. The varying advice on when you can or can't apply for the Spouse Visa during any ban is a perfect example of why you should be speaking to a professional who can give you the advice you need rather than us amateurs. You are in a situation of your own making. You're essentially on the run from the law...so stop stuffing about with amateur advice online, go see a professional. Do it right now. There is nothing more important than this, so whatever you are doing, stop it, and speak to an agent immediately. There will be a strategy to achieve the best possible outcome (however good or bad that may be) and paying a bit of money to find that out quickly before Immigration raid your house or workplace is more than worth it. Putting your head in the sand hasn't really worked out all that great for you so far, so stop doing it and go to a professional. DIAC won't give up looking for you. Sound advice as always! I hope the OP takes it to heart. Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 13, 2013 Share Posted September 13, 2013 Stellar advice from George (as always). I'm trying to remember what temporary partner visas are actually classed as - I think provisional visas? That's why they're treated differently from temp visas like a tourist visa and why the ban doesn't apply to them. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted September 13, 2013 Share Posted September 13, 2013 Stellar advice from George (as always). I'm trying to remember what temporary partner visas are actually classed as - I think provisional visas? That's why they're treated differently from temp visas like a tourist visa and why the ban doesn't apply to them. Yes...the VEVO website always had my 309 Temp Spouse Visa listed as giving me Provisional Residency...so it is a stage on the way to PR, not a Temp Visa like many others, which means you can apply for it even if you have a 3 year ban. Once/If granted, you can then enter Oz as normal and don't serve any more of the ban. Link to comment Share on other sites More sharing options...
Parley Posted September 13, 2013 Share Posted September 13, 2013 Just curious, do they typically lock people up in a detention centre before deporting overstayers. I presume they would be concerned about overstayers absconding if they don't wat to go back. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted September 13, 2013 Share Posted September 13, 2013 I think they do put them in detention centres. On Nothing to Declare Border Security they do lock them up after they raid their houses/work places. Link to comment Share on other sites More sharing options...
Peach Posted September 13, 2013 Share Posted September 13, 2013 I think the people that end up in the detention centres are the ones that they have difficulty identifying. A bloke with a British passport would probably be taken to Villawood immigration detention centre pending the availability of a flight home, rather than be held for any length of time. Link to comment Share on other sites More sharing options...
wrussell Posted September 14, 2013 Share Posted September 14, 2013 The 3-yea none return period does not apply to spouse visa applicants. It would be possinle to apply onshore and be granted a visa, subject to satisfying various criteria. You should not waste any time taking professional advice from a registered migration agent. Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 14, 2013 Share Posted September 14, 2013 You should not waste any time taking professional advice from a registered migration agent. Are you sure that's what you meant? Link to comment Share on other sites More sharing options...
wrussell Posted September 14, 2013 Share Posted September 14, 2013 Are you sure that's what you meant? Thanks for pointing out the ambiguity. What I meant was - you should consult a RMA without delay. It is far better to go to the DIAC than for them to hunt you down. Link to comment Share on other sites More sharing options...
Red Rose Posted September 14, 2013 Share Posted September 14, 2013 Is it a criminal offence to knowingly breach the conditions of your visa? Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted September 14, 2013 Share Posted September 14, 2013 Is it a criminal offence to knowingly breach the conditions of your visa? Of course. The visa conditions are very clear. If you are on a tourist, you are a tourist. If you are on a WHV, you can only work for 6 months in certain areas, regional I think. You could be subject to a 3 year ban for breaching the conditions and even after the three years, you could find it difficult to gain entry in to Aus. You may get the Visa issued to you, but once you land, Immigration can pull you to one side, cross exam you, then decide to revoke your visa. Link to comment Share on other sites More sharing options...
blossom Posted September 14, 2013 Share Posted September 14, 2013 Of course. The visa conditions are very clear. If you are on a tourist, you are a tourist. If you are on a WHV, you can only work for 6 months in certain areas, regional I think. You could be subject to a 3 year ban for breaching the conditions and even after the three years, you could find it difficult to gain entry in to Aus. You may get the Visa issued to you, but once you land, Immigration can pull you to one side, cross exam you, then decide to revoke your visa. The six months is anywhere. My husband got a three year ban and came back with no problems at all. He's the only person I know who has been banned and come back in... So 100% of people in my experience had no problems. However, he did turn up at the airport with a ticket in hand, they never chased him down, and he didn't work illegally. Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted September 14, 2013 Share Posted September 14, 2013 The six months is anywhere. My husband got a three year ban and came back with no problems at all. He's the only person I know who has been banned and come back in... So 100% of people in my experience had no problems. However, he did turn up at the airport with a ticket in hand, they never chased him down, and he didn't work illegally. Thanks for clarifying. I am not too up on the conditions of visas like WHV. My only experience of people that have been banned is watching Nothing to Declare Border Security lol and they really grill the people on that. Scary stuff................. I think the difference is that your hubby went willingly although on TV they don't say if they had to chase the person down, but it seems that working whilst you're not supposed to is a big no-no. Link to comment Share on other sites More sharing options...
wrussell Posted September 14, 2013 Share Posted September 14, 2013 Is it a criminal offence to knowingly breach the conditions of your visa? Not as a rule. It is possible to beach visa conditions by committing a criminal offence, but a breach per se does not constitute a criminal offence. Working in breach of visa conditions is an offence of strict liability - Google for more. Link to comment Share on other sites More sharing options...
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