liene Posted May 5, 2014 Share Posted May 5, 2014 Hi I have 2 questions really.. I'm on a 2nd year work visa. 1) Will overstaying by UNDER 28 days have any consequence when I try to come back on a tourist visa? I've heard that I might just be questioned but won't get the 3 year ban. 2) When I do come back, I plan to apply for residency and get married to my Australian partner. Does anyone know how we are supposed to prove our commitment to one another, the process? And also if my overstay will come into effect here. I only want to overstay because I need time to sell my van etc..if it will effect my marriage application however, then I'll leave on time. My partner situation: I'm 22, met my boyfriend 8 months ago, been together for 7 and pretty much no photos to show for it, just witnesses. I've been working 1500kms away from him for most of this time and we've met up when we could. We are genuinely in a serious relationship and both want to be together for as long as the love lasts. The marriage for both of us is just paperwork but if I can get residency, then we will have the option to live in his home country as well as mine and we both plan to travel for the next 10 years together. When my visa runs out (in 2 months), we're both flying to south america together and will travel for 6 months. I will then travel a further 3 months in North America and he will go back to Australia (as he can't enter USA due to a silly criminal record). I will then join him back in Australia on a tourist visa and we'll apply for marriage . If granted, we'll stay for a min. 6 months to save some money before both travelling Europe. Please help if you know any cases or have experienced the process of any of this. Calling immigration is helpless, they are so vague and obviously can only advise the safest option. Thanks for your time Link to comment Share on other sites More sharing options...
liene Posted May 5, 2014 Author Share Posted May 5, 2014 TO ADD* We will live together in the same house when we come back to Australia. If that helps.. What do immigration ask for when they want to have proof that we'r legit? Anyone know? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted May 5, 2014 Share Posted May 5, 2014 If you've overstayed Id say you need legal help ASAP. Sorry just re read that you plan to overstay no don't do it. Speak with a migration agent with reference to your options. Link to comment Share on other sites More sharing options...
Rupert Posted May 5, 2014 Share Posted May 5, 2014 Hi I have 2 questions really.. I'm on a 2nd year work visa. 1) Will overstaying by UNDER 28 days have any consequence when I try to come back on a tourist visa? I've heard that I might just be questioned but won't get the 3 year ban. 2) When I do come back, I plan to apply for residency and get married to my Australian partner. Does anyone know how we are supposed to prove our commitment to one another, the process? And also if my overstay will come into effect here. I only want to overstay because I need time to sell my van etc..if it will effect my marriage application however, then I'll leave on time. My partner situation: I'm 22, met my boyfriend 8 months ago, been together for 7 and pretty much no photos to show for it, just witnesses. I've been working 1500kms away from him for most of this time and we've met up when we could. We are genuinely in a serious relationship and both want to be together for as long as the love lasts. The marriage for both of us is just paperwork but if I can get residency, then we will have the option to live in his home country as well as mine and we both plan to travel for the next 10 years together. When my visa runs out (in 2 months), we're both flying to south america together and will travel for 6 months. I will then travel a further 3 months in North America and he will go back to Australia (as he can't enter USA due to a silly criminal record). I will then join him back in Australia on a tourist visa and we'll apply for marriage . If granted, we'll stay for a min. 6 months to save some money before both travelling Europe. Please help if you know any cases or have experienced the process of any of this. Calling immigration is helpless, they are so vague and obviously can only advise the safest option. Thanks for your time No don't do it. Would suggest you look to sell your van sooner, it shouldn't take more than two months to sell a van surely? I am puzzled as to what you were hoping to get from an immigration helpline, they are not there to give out advice, but even if they were what do you think they would say if somebody rings up and asks if they can overstay their visa with no consequences? :confused: The other thing, even after you do your travelling etc, is that I don't make this 12 months in a defacto relationship, more than 12 month dating yes, but not defacto and accordingly it does not look clear to me that you would qualify for the partner visa anyway. I would suggest that the fiancé / prospective marriage visa might be more suitable. You could apply for this after you leave, do your travelling and return when it is granted. Note that there is no such thing as "applying for residency", in Australia you need to apply for a specific visa, all visas provide residency, some temporary and some permanent. Link to comment Share on other sites More sharing options...
Guest Posted May 5, 2014 Share Posted May 5, 2014 Agree with Rupert. You don't meet de facto as it sounds like you have only really been dating up till now. I think you'll be hard pushed to claim de facto going on what you've said. If you are applying for a PMV the requirements are far less stringent. You only need to have met in person and a few other things. You would then gain that and apply for a partner visa once you'd married. Don't overstay. You run a very real risk of a 3 year ban and stuffing up your future plans. Leave before it expires and make your plans once off shore. Link to comment Share on other sites More sharing options...
dxboz Posted May 5, 2014 Share Posted May 5, 2014 You said that Immigration gave you the safest option - I am guessing it was don't do it? And to add my voice to the rest don't do it! Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 5, 2014 Share Posted May 5, 2014 Don't do it. You run the risk that they won't let you back in the country, certainly not on a tourist visa since you'd obviously be a known risk to overstay that one too. DIBP don't care about your van, so sell it before you leave or let your boyfriend do it for you. I'm skeptical you could demonstrate enough evidence of a genuine de facto relationship to satisfy DIBP. You'd be better off applying for a PMV as soon as you leave the country. Enjoy your travels, and once the visa is granted you return to activate it. You need to organise your schedule and evidence enough to get married and then apply for a partner visa before the PMV expires (it's good for 9 months), but it gives you time to gather evidence and is generally an easier visa to apply for since it requires far less evidence. Link to comment Share on other sites More sharing options...
engaus Posted May 5, 2014 Share Posted May 5, 2014 From the information you have provided, you would not qualify for the partner visa. Suggest you have a read of the partner visa booklet - would be a good place to start: http://www.immi.gov.au/allforms/booklets/1127.pdf If you do not live together, and live 1500km away from each other, how were you going to meet the joint financial requirements? Nature of household? As others have said, you would be better off going the PMV route if your travelling anyway (needs to be applied for offshore). Oh, and as others have said, don't overstay for the sake of selling your van (or for any other reason) - that won't go down well with immigration and it would pretty much guarantee (IMO) you would be denied any future tourist visa. Link to comment Share on other sites More sharing options...
Mark 1234 Posted May 5, 2014 Share Posted May 5, 2014 I doubt if I would be ready to marry someone after only 7 months backpacking together. Link to comment Share on other sites More sharing options...
Guest Posted May 5, 2014 Share Posted May 5, 2014 Actually, am not sure even a PMV is going to work for you. You don't plan to stay in Aus long enough afterwards for a partner visa to be granted before you leave and you'd have to then come back onshore for it to validate iirc. Also then it sounds like you plan to spend most of your time travelling overseas and not sure you'd the clock up enough resident time in Aus. I would consult a reputable agent personally. Perhaps just get married in Aus on a tourist visa and have an extended holiday as you said and then just go traveling together. You can then apply for a partner visa when you are ready to actually reside in Aus then. Fwiw if you marry and want to take your spouse to the UK to reside you will need to apply for a partner visa and the UK have very strict requirements and a financial bar is set for the sponsor to earn before an application is considered. I think you are looking at both being on tourist visas when you visit each other's respective countries. At least till you are ready to stop travelling and then consider partner visas to enable you to reside in whichever country. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.