# Form 80 - overstayed visa



## Reinap (Aug 19, 2021)

My husband and I are applying for a 309 visa. More than 10 years ago my husband stayed in Italy beyond the time allowed on his tourist visa for about two years. Fortunately, this was not notified or sanctioned by the Italian police so it does not appear that he was staying over time. Filling in form 80 we realized that they ask if he overstayed a visa in any country. It is appropriate to declare this even if there is no documentation and trace of the overstay? We are very uncertain about this question because we think it is better to tell the truth. Thanks to those who want to help us


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## omegaman (Dec 5, 2015)

This is a hard one. If you are 100% sure that there is no record with the Italian Govt, i mean none whatsoever, then your probably OK to not declare it. Being 10 years ago, you could claim you forgot if challenged. The problem is this. If you lie, and Immi finds out then your in a whole world of grief. In IMMI's view to be honest and transparent is better than to hide what could be a minor oversight. Personally, and IMHO as the offence is so old, and relatively minor, its better to declare it all, rather than run the risk of IMMI catching you out. We all did shit 10 years back that we regret, IMMI understands this. They dont understand or tolerate lying or deception.


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## Reinap (Aug 19, 2021)

omegaman said:


> This is a hard one. If you are 100% sure that there is no record with the Italian Govt, i mean none whatsoever, then your probably OK to not declare it. Being 10 years ago, you could claim you forgot if challenged. The problem is this. If you lie, and Immi finds out then your in a whole world of grief. In IMMI's view to be honest and transparent is better than to hide what could be a minor oversight. Personally, and IMHO as the offence is so old, and relatively minor, its better to declare it all, rather than run the risk of IMMI catching you out. We all did shit 10 years back that we regret, IMMI understands this. They dont understand or tolerate lying or deception.
> [/QUOTE





omegaman said:


> This is a hard one. If you are 100% sure that there is no record with the Italian Govt, i mean none whatsoever, then your probably OK to not declare it. Being 10 years ago, you could claim you forgot if challenged. The problem is this. If you lie, and Immi finds out then your in a whole world of grief. In IMMI's view to be honest and transparent is better than to hide what could be a minor oversight. Personally, and IMHO as the offence is so old, and relatively minor, its better to declare it all, rather than run the risk of IMMI catching you out. We all did shit 10 years back that we regret, IMMI understands this. They dont understand or tolerate lying or deception.


Thanks omegaman, I finally declared my husband’s overstay and we got our spouse visa few months ago!!!


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## omegaman (Dec 5, 2015)

Reinap said:


> Thanks omegaman, I finally declared my husband’s overstay and we got our spouse visa few months ago!!!


As late as my comments were, I am so happy that you followed the path of truth (LOL) and you got your visa. People are human, we make mistakes and do stupid things now and then. What determines a person's good character and suitability as a potential Australian Citizen, is in the eyes of IMMI, and most Australians, the person's ability to be honest and truthful, above all. I say this often, to have commited a crime in your past is bad, to lie and conceal the fact is far far worse. So many people fail to understand that this is a hallmark of Australia Society.


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