# URGENT - Tourist visa overstay and now processing spouse visa



## Guest (Feb 8, 2010)

Hi
I hope someone can shed some light here. 
We are in the process of getting a spouse visa for my husband to come back to Aus with me. We have been asked by our Case Officer to provide a statement about my husband's previous overstay on his tourist visa (when we met in australia he overstayed 6 months) and the circumstances about why/how he ended up leaving Aus.

My Husband's parents are both deceased and at the time he was in Australia his older brother was there to support him. Shortly after he overstayed we met and couldn't bare to be apart but eventually decided it was best to return to his country to continue our relationship until we could return to Aus legally. Since then we married in his country and live together but the experience has been challenging for me coming from Aus to a 3rd world country to say the least...

Can anyone tell me how this could be explained best to encourage immigration that my husband dreaded returning to his country, met me and his life changed around and then we decided as a couple to leave to do the right thing??? I know many people in the same situation and they had overstayed up to 8 years but im not sure how they explained it in their application. Basically we don't have a real concrete reason like a medical problem or anything like that...although we are confident it will not stop us from being able to get this visa, as the 3year ban only applies if he wants to return on a temporary visa.

Thanks!


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## Wanderer (Jun 16, 2007)

cosbo said:


> Hi
> I hope someone can shed some light here.
> We are in the process of getting a spouse visa for my husband to come back to Aus with me. We have been asked by our Case Officer to provide a statement about my husband's previous overstay on his tourist visa (when we met in australia he overstayed 6 months) and the circumstances about why/how he ended up leaving Aus.
> 
> ...


I'd suggest that you can only tell it how it is and give some supporting information about his family situation, the support here and how then how meeting you delayed his intention to return.

If he had no family other than his brother he may have been eligible for a remaining relative visa and if that was applicable you might want to include something about being ignorant of other options though admitting that he knew it was wrong to overstay.
If he left of his own accord rather than having been deported that would be in his favour and then you deciding to go as well shows commitment to one another as well as correcting the breach of immigration regulations.

I would dwell less on dread of returning home if that was because of third world country conditions for that is somewhat irrelevant in that situation is prevalent for millions of people and if you know of other people who overstayed, left and returned, perhaps they may have some input for you into what they put forward if asked.

But just be truthful for one lie leads to another and the old saying goes something like have enough rope and you can hang yourself.


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## xdorota (Dec 1, 2009)

Hi cosby,
Your story as presented in your post is perfect, you don't need to add anything. You are right, the ban doesn't apply but, unfortunately, the overstaying goes to character assessment, i.e. regard/disregard of the law. If your Partner's only crime is overstaying because he fell in love and dreaded separation then he will be fine. Any other breaches of migration law, such as illegal work, add to the 'crime' just as does providing false information. So my advice is: 'stick to your perfect story'. The CO might call you or your Partner for an interview and, if they do, they will ask and keep asking a question about what he did during overstaying and, more particularly, whether he worked and where. If all he did was consistent with his visa conditions, eg. staying home, cooking, cleaning, washing, shopping, walking a dog, gardening, hanging around, clubbing, travelling, etc. then there will be no problem. Also, the fact that he left the country voluntarily goes in his favour.
Hope it helps
Dorota


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## Guest (Feb 18, 2010)

Thanks for your replies, I will be sure to let you know of the outcome shortly I hope!


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## weng (Nov 19, 2010)

> > Hi
> > I hope someone can shed some light here.
> > We are in the process of getting a spouse visa for my husband to come back to Aus with me. We have been asked by our Case Officer to provide a statement about my husband's previous overstay on his tourist visa (when we met in australia he overstayed 6 months) and the circumstances about why/how he ended up leaving Aus.
> >
> > ...


hi Cosbo,
I am glad that I finally found someone just like my case.I wonder how your CO decided.I overstayed for 4 yrs and found a de factur documents with my name on it only started in 2009.But we have a lot of photos together with his family, footy and concert tickets, hotel receipts and reservations,9 stat decs from friends and relatives and letters and invites.

I was interviewed last November 2010 and the CO grilled me for more than an hour and didnt dwell much on the relationship but on what I did in OZ. I have admitted having worked a bit on cash but I was totally dependent on my partner and he has supported my kids who are in my country.

We have lodged our offshore application last September, 2010 and waiting for the decision of the department.There are days when I get so depressed after assessing my interview and feel that I may get denied.Will my infringement of laws affect drastically even a genuine and continuing relationship?What are my chances?


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## weng (Nov 19, 2010)

cosbo said:


> Thanks for your replies, I will be sure to let you know of the outcome shortly I hope!


Hi Cosbo,
I wonder if your visa application has been approved already..Send me feedbacks pls..thanks...

weng


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## kronoss (Jun 16, 2011)

Hi Weng,

I am in the same situation: overstayed my tourist visa for about 6 months and i am getting married in august this year.
I wanted to ask if you had any problems when you submitted your application to DIAC.

Cheers


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## weng (Nov 19, 2010)

kronoss said:


> Hi Weng,
> 
> I am in the same situation: overstayed my tourist visa for about 6 months and i am getting married in august this year.
> I wanted to ask if you had any problems when you submitted your application to DIAC.
> ...


I applied offshore and i was told that they would be a bit lenient on overstay if its a spouse visa application.that's what I have been told.It might be wrong.
But you will certainly be questioned about the overstay.Immgrationi wont take that sitting down.


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## Guest (Jun 20, 2011)

weng said:


> I applied offshore and i was told that they would be a bit lenient on overstay if its a spouse visa application.that's what I have been told.It might be wrong.
> But you will certainly be questioned about the overstay.Immgrationi wont take that sitting down.


My hubby was successful in obtaining his visa. It took 4 months all together offshore. He overstayed about 5 months and when we were asked for the reasoning for overstay, we prepared document to outline each factor that led to his overstay. We actually didn't put the fact we met as the first reason as we started our relationship about 2 months into the overstay. But as you can see in my previous threads, he doesn't have parents and his older brother lived here which we relied on in our reasoning. I guess also the fact that its believeable that he didn't work in such a short amount of time helped us too.


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