brownsuger Posted September 1, 2018 Share Posted September 1, 2018 I overstayed in Aus for 8 years that is way over 28 days.I was in detention for a month until i decided i had to return back home to Namibia. But before i returned, i voluntarily,bought my airticket and I was given visa E to allow me to fly.I was also given two immigration officers to escort me up to the airport departure lounge and the condition was that they wear plain clothes as a special special agreement with me.I was also told by my immigration case officer that NO ban would apply on me and my history would be erased from the immigration records.I was even advised to reapply for a new visa as soon as i returned to my home country.When my superannuation fund was ready,the Aus government deducted $10,000 in taxes. BUT was my case manager telling me the truth?? My wife is still in Aus and she is on 458 graduate visa and she wants to put me on it.PLEASE advise. I really need to be with my wife. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 1, 2018 Share Posted September 1, 2018 You will almost certainly have a three year ban. Once the ban ends, it doesn't mean they will grant you a visa. Quote Link to comment Share on other sites More sharing options...
Beffers Posted September 1, 2018 Share Posted September 1, 2018 4 hours ago, brownsuger said: I overstayed in Aus for 8 years that is way over 28 days.I was in detention for a month until i decided i had to return back home to Namibia. But before i returned, i voluntarily,bought my airticket and I was given visa E to allow me to fly.I was also given two immigration officers to escort me up to the airport departure lounge and the condition was that they wear plain clothes as a special special agreement with me.I was also told by my immigration case officer that NO ban would apply on me and my history would be erased from the immigration records.I was even advised to reapply for a new visa as soon as i returned to my home country.When my superannuation fund was ready,the Aus government deducted $10,000 in taxes. BUT was my case manager telling me the truth?? My wife is still in Aus and she is on 458 graduate visa and she wants to put me on it.PLEASE advise. I really need to be with my wife. I would be very surprised if you don't have a ban, especially after immigration agents escorted you to the airport etc. Consult with a migration agent who can work with you to see if there is any way you can be with your wife, but I would agree with Very Stormy, you would surely have a ban? Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted September 1, 2018 Share Posted September 1, 2018 I'd be gobsmacked if you didn't have a ban, that would make a mockery of the system which you absused for many years. If you and your wife really want to be together she needs to come to live with you. 2 Quote Link to comment Share on other sites More sharing options...
brownsuger Posted September 1, 2018 Author Share Posted September 1, 2018 5 hours ago, VERYSTORMY said: You will almost certainly have a three year ban. Once the ban ends, it doesn't mean they will grant you a visa. I voluntarily returned to my home country.So Why would a case manager try to misguide me over the matter as if I was refusing to leave?? I thought they were trained to give guidance to people in situations as I was before?? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted September 1, 2018 Share Posted September 1, 2018 28 minutes ago, brownsuger said: I voluntarily returned to my home country.So Why would a case manager try to misguide me over the matter as if I was refusing to leave?? I thought they were trained to give guidance to people in situations as I was before?? Surely common sense would tell you that your records could not just be "erased from the immigration records". And they didn't mislead you, they told you that you could apply for a new visa. They did not promise it would be granted. I would be getting ready to have your wife join you in your home country You wouldn't be the first couple that have to leave oz in rder to be together, and I'm sure you won't be the last. 5 Quote Link to comment Share on other sites More sharing options...
JetBlast Posted September 1, 2018 Share Posted September 1, 2018 I overstayed in Aus for 8 years that is way over 28 days.I was in detention for a month until i decided i had to return back home to Namibia. But before i returned, i voluntarily,bought my airticket and I was given visa E to allow me to fly.I was also given two immigration officers to escort me up to the airport departure lounge and the condition was that they wear plain clothes as a special special agreement with me.I was also told by my immigration case officer that NO ban would apply on me and my history would be erased from the immigration records.I was even advised to reapply for a new visa as soon as i returned to my home country.When my superannuation fund was ready,the Aus government deducted $10,000 in taxes. BUT was my case manager telling me the truth?? My wife is still in Aus and she is on 458 graduate visa and she wants to put me on it.PLEASE advise. I really need to be with my wife. Your English isn't the best so I am assuming it isn't your first language. Are you sure you understood correctly? Quote Link to comment Share on other sites More sharing options...
brownsuger Posted September 1, 2018 Author Share Posted September 1, 2018 12 minutes ago, Nemesis said: Surely common sense would tell you that your records could not just be "erased from the immigration records". And they didn't mislead you, they told you that you could apply for a new visa. They did not promise it would be granted. I would be getting ready to have your wife join you in your home country You wouldn't be the first couple that have to leave oz in rder to be together, and I'm sure you won't be the last. I would be getting ready to have your wife join you in your home country You wouldn't be the first couple that have to leave oz in rder to be together, and I'm sure you won't be the last. Nemesis:What did you mean by that?? You see this forum is there for a reason.You probably have no I dear what people go through in order to find themselves in circumstances.Some people dont want to go back home because of political instabilities.Not really that they want to live and die in Australia.One can even go to another country instead of going back to Australia but some of us have left families there so don’t joke or make funny comments in this forum unless you have serious advice mate! Quote Link to comment Share on other sites More sharing options...
Beffers Posted September 1, 2018 Share Posted September 1, 2018 (edited) 1 hour ago, brownsuger said: I voluntarily returned to my home country.So Why would a case manager try to misguide me over the matter as if I was refusing to leave?? I thought they were trained to give guidance to people in situations as I was before?? You say you voluntarily left as tho you were doing Australia a favour?! You were being held in detention for a serious visa breach and you asked to leave to return to your home country. Therefore Immigration escorted you to the airport. Why do you think they did that? To make sure you left, and didn't 'escape' en-route to stay in the country illegally. Immigration files aren't just erased, nor are people who breach their conditions done any favours. I'd be very surprised if you were ever allowed to enter Australia again (even if you did apply for a visa after the ban, it's not guaranteed and many applicants who have flouted the system before are often refused as they fall down on the character requirement amongst other things) and as such, please - if you and your wife want to be together - it will probably need to be in a country other than Australia. And that's all that @Nemesis meant. It's highly unlikely you would secure a visa any time soon and so you either accept the separation from your wife which is obviously far from ideal, or you make arrangements to be together elsewhere. @Nemesis is right when he says other couples before you have been faced with similar situations. This forum is designed to assist, but also the hard cold facts of Immigration can't be watered down or tweaked to make the outcome more palatable. Your situation is unfortunate, but you must've also known you were breaching your visa for every day for each one of those eight years, and that's the hard truth. Edited September 1, 2018 by Beffers 3 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted September 1, 2018 Share Posted September 1, 2018 19 minutes ago, brownsuger said: I would be getting ready to have your wife join you in your home country You wouldn't be the first couple that have to leave oz in rder to be together, and I'm sure you won't be the last. Nemesis:What did you mean by that?? You see this forum is there for a reason.You probably have no I dear what people go through in order to find themselves in circumstances.Some people dont want to go back home because of political instabilities.Not really that they want to live and die in Australia.One can even go to another country instead of going back to Australia but some of us have left families there so don’t joke or make funny comments in this forum unless you have serious advice mate! I did not post it as a joke. Why on earth would i. I posted it as a genuine comment that like others before you, you may have to live outside of oz in order to live with your partner. What is funny and joking about that? Neither my husband or I think it is a joke that I had to leave oz in order to stay married to him, but we know we are not the first couple to have to do this, nor will we be the last. And he did not cheat Immigration and stay illegally onshore for 8 years, but he still got a visa refusal. 2 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted September 1, 2018 Share Posted September 1, 2018 (edited) 1 hour ago, brownsuger said: I would be getting ready to have your wife join you in your home country You wouldn't be the first couple that have to leave oz in rder to be together, and I'm sure you won't be the last. Nemesis:What did you mean by that?? You see this forum is there for a reason.You probably have no I dear what people go through in order to find themselves in circumstances.Some people dont want to go back home because of political instabilities.Not really that they want to live and die in Australia.One can even go to another country instead of going back to Australia but some of us have left families there so don’t joke or make funny comments in this forum unless you have serious advice mate! There is no joke or funny comments there. I'm sure the poster realises sometimes people don't want to go back home due to things like political instabilities. In that case they can look to get a humanitarian visa (claim asylum). What they can't do is illegally live in Australia without a visa. If they do they're in big trouble and surely you cannot reasonably expect to get 'let off' that? You knew what you were doing and now it's come back to bite you. You think because you volunteered to fly back that makes it all ok? You just made their life easier as you were probably about to be removed anyway. Imagine how wonderful it would be for millions if they get away with living there for years without a visa and when caught all they have to do is say I'll go home now and it's all forgiven . Returning to live with you may not be your wife's ideal situation but she has to decide what she wants most, you or a country. You may have left family there but they and you must have known you were living on borrowed time, you had 8 years more time with them then you should have. I cannot imagine you'd ever get another visa, you would not be seen as someone with good character. Edited September 1, 2018 by Tulip1 2 Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 2, 2018 Share Posted September 2, 2018 17 hours ago, brownsuger said: I voluntarily returned to my home country.So Why would a case manager try to misguide me over the matter as if I was refusing to leave?? They lie to people, because they face no consequences for doing so. Quote I thought they were trained to give guidance to people in situations as I was before?? They are not trained to give migration advice and are not qualified to do so. There is a possible strategy that might work for you.May I suggest that you consult a registered migration agent for an assessment? Quote Link to comment Share on other sites More sharing options...
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