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G/Friend getting a 457 through her work. Can i go as defacto after serving 3yr ban?

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Hi Guys,

 

Any help on this would be great.

 

So my girlfriend whom I have been with (and met in Australia) for 5 years has a job offer in Sydney through her company in the UK. So she is allowed to go on a 457 visa as they are going to sponsor her.

 

I myself overstayed by 2 months when I was out in Australia 3 and a half years ago. It was an honest mistake as I believed my paper work for sponsorship was being processed. However it was not and they called me to say I was overstaying! I missed the cut off point to not be banned by a couple of weeks and so received the mandatory 3yr ban.

 

I have rung the Immigration Dept and they have assured me that now my ban is served I am free to follow the processes to go back to Australia without hindrance (although I must obviously tell them about the ban). I was going to go on my girlfriends 457. She is a bit paranoid that they may refuse me even though they have said all is well.

 

Can anyone please shed any light as to what we are up against? I'm assuming as they said I had completed my ban and free to apply for a Skilled visa that I can go on my partners as well? (just quicker!).

 

Thanks for any help guys!

 

Regards,

 

Terry

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Yes you can. We came in on a temporary visa and my husband had previously had a three year ban for a 10 month over stay. Just be honest on the forms. He was the secondary applicant by the way. :-)


Has two beautiful Aussie little girls :-)

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If you were going on a permanent visa they would be a better chance, but as this is also a temporary visa they are more strict I with visa overstayers....you overstayed on your previous temporary via and they may believe you will overstay on this one. Completing the three year ban means you can now apply, but since you had a ban they will go over the application with a fine tooth comb and may still reject it.

 

Given you are calling your "defacto" your girlfriend suggests you yourself do not considered her to be your defacto...so confining the government that she is your defacto may be difficult

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Rubbish. I lived with my ex for 8 years before we married. I never once called him my Defacto, he was always boyfriend. The father of my child now, we are not married so I call him my boyfriend.

 

As long as people are honest, that is what immigration care about most. The ban has expired. And as I said, I'm actually speaking from experience in this. We had two different temporary visas (more if you count bridging visas) and never even got asked for any more details about the over stay.


Has two beautiful Aussie little girls :-)

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Given you are calling your "defacto" your girlfriend suggests you yourself do not considered her to be your defacto...so confining the government that she is your defacto may be difficult

 

I don't think it's fair to suggest that because the OP refers to his "girlfriend" doesn't mean he doesn't think of her as his defacto partner. We all have different ways of referring to people... How do you suggest he refers to her?


309/100 visa application lodged 28/08/13 | Visa sub-class 309 granted 09/05/14 | 100 (PR) visa application lodged 27/09/15 | PR granted 13/04/16 | Citizenship application lodged 18/06/19 | Citizenship interview invite 02/03/20  22/09/20 | Citizenship interview 27/04/20 11/11/20 | Application approved and now pending ceremony invite...

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Yes you can. We came in on a temporary visa and my husband had previously had a three year ban for a 10 month over stay. Just be honest on the forms. He was the secondary applicant by the way. :-)

 

 

That's great to know. Thanks a bunch! I thought as much but she is a bit worried!

 

Cheers!

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You would call your defacto partner your "partner." I normally agree with Blossom, but I've seen excellent MARA-registered agent suggest that it can be important in certain circumstances to ensure you use the correct verbiage of "partner" and not "boyfriend/girlfriend." Take that for whatever it's worth - probably what you paid for it - but it doesn't hurt to make it a point to use that term.


Applied for PMV 300: 18 April 2013 (Washington, D.C.) Police Checks: Front-loaded. Medicals: 3 June 2013 Meds Referred: ? Meds Cleared: 8/2013 PMV GRANTED: 03 JAN 2014! Married: March 2014. Applied for 820: 28 April 2014. 820 GRANTED: 07 July 2014!

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