# Shall I mention my overstay in UK ?



## dgs (Apr 5, 2013)

Hello,

I overstayed in the UK for 2 years on my student visa. Came back to Pakistan voluntarily. I got engaged (both families present including friends and realtives ). My fiance' has Australian PR. It is 110% genuine relationship. About to send my PMV(subclass 300). 

My question is : 



SHALL I MENTION MY OVERSTAY IN THE APPLICATION ? OR DON'T SAY ANYTHING ABOUT THE UK ?


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## Nelly87 (Jul 3, 2011)

dgs said:


> Hello,
> 
> I overstayed in the UK for 2 years on my student visa. Came back to Pakistan voluntarily. I got engaged (both families present including friends and realtives ). My fiance' has Australian PR. It is 110% genuine relationship. About to send my PMV(subclass 300).
> 
> ...


Always be honest.

It will work against you for pretty much ever if you lie to them once.


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## MarkNortham (Dec 19, 2012)

Agreed with Nelly - the issue will be the question of whether you have ever had a visa cancelled or refused. If your visa was cancelled due to the overstay, then you need to admit that. There's another question about whether you ever left a country in order to avoid removal or deportation - that's the question where this would likely come up.

Best,

Mark Northam


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## louiseb (Dec 22, 2012)

2 years is a long time to overstay in any country, not alone in the UK, you need to declare this and show all reasons why you overstayed as said by both Mark and Nelly. The Immigration im sure will ask for the reasons why and what actions were taken, unfortunately they don't take likely to some one lying about there application details so you must give them every piece of detail you have in connection to your reasons for overstaying.
Good luck on your application.


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## dgs (Apr 5, 2013)

Thank you everyone for your replies. I really appreciate that ! I'll do as you all said ! Cheers !


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## dgs (Apr 5, 2013)

One more thing I need to ask.

How can they find out that I overstayed in the UK if I'm not going to write anything about that ?


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## sunnysmile (Oct 13, 2011)

They will ask you what you have been doing between year x and year y and if you don't give satisfactory answer with proofs they will send it to ASIO who will find out the answer.


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## MarkNortham (Dec 19, 2012)

Hi Dgs -

Countries regularly share movement records with each other - it's commonplace (especially since 9/11) and a typical part of the immigration and security checks done when a person applies for a permanent visa. This kind of info does not require an ASIO check - it's considered routine immigration info shared between countries - all DIAC needs is a passport number to run this type of check.

Best,

Mark Northam


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## bashishot (Feb 8, 2013)

MarkNortham said:


> Hi Dgs -
> 
> Countries regularly share movement records with each other - it's commonplace (especially since 9/11) and a typical part of the immigration and security checks done when a person applies for a permanent visa. This kind of info does not require an ASIO check - it's considered routine immigration info shared between countries - all DIAC needs is a passport number to run this type of check.
> 
> ...


So I have a question in regards to being in other countries. In 2005, I studied in the UK for 3mo (Sept-Dec) and traveled around Europe on the weekends and breaks. Is this something they would have to do extra security checks for? I included all the countries I have been to in the past 10 years on my application. European countries while abroad and visiting with family, Canada, Australia 3 times. I have never lived in another country except for that 3mo period for a semester abroad. Now I am worried this may hold up my application!


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## MarkNortham (Dec 19, 2012)

Hi -

Always better to tell the whole truth on immigration applications. Casual travel to countries will not usually cause extra security checks, unless those countries are high-risk countries and there is some reason to suspect an issue.

Best,

Mark Northam


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## Nelly87 (Jul 3, 2011)

MarkNortham said:


> Hi Dgs -
> 
> Countries regularly share movement records with each other - it's commonplace (especially since 9/11) and a typical part of the immigration and security checks done when a person applies for a permanent visa. This kind of info does not require an ASIO check - it's considered routine immigration info shared between countries - all DIAC needs is a passport number to run this type of check.
> 
> ...


This! And I do believe the UK is a country Australian immigration would have easy and regular information exchange with.

Also EU (European Union) citizens travelling between EU countries DO NOT always leave a trail on paper, but if you are not from the EU you most definitely ended up on a record.


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## bashishot (Feb 8, 2013)

Nelly87 said:


> This! And I do believe the UK is a country Australian immigration would have easy and regular information exchange with.
> 
> Also EU (European Union) citizens travelling between EU countries DO NOT always leave a trail on paper, but if you are not from the EU you most definitely ended up on a record.


I am a US citizen and I included every country I went to. I actually went back and got my old passport (maiden name one) and picked all the dates and Google searched to make sure the dates were accurate! Many countries in the EU did not stamp both in and out but I had an idea of when I was there. I didn't have an electronic passport at the time either but I'm sure my information would still come up if it was searched.


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## Rabbu (Apr 10, 2013)

One of my brothers is an overstaying in Australia. Meanwhile, I have applied for permanent residency and the CO has asked me for completed Form 80. Should I include information about him in Form 80? I am clueless about his address in Australia. What should I mention in the form? Please respond with advice in this regard.


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## Rabbu (Apr 10, 2013)

MarkNortham said:


> Agreed with Nelly - the issue will be the question of whether you have ever had a visa cancelled or refused. If your visa was cancelled due to the overstay, then you need to admit that. There's another question about whether you ever left a country in order to avoid removal or deportation - that's the question where this would likely come up.
> 
> Best,
> 
> Mark Northam


Hi Mark,
One of my brothers is an overstaying in Australia. Meanwhile, I have applied for permanent residency and the CO has asked me for completed Form 80. Should I include information about him in Form 80? I am clueless about his address in Australia. What should I mention in the form? Please respond with advice in this regard.


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## CollegeGirl (Nov 10, 2012)

Rabbu said:


> Hi Mark,
> One of my brothers is an overstaying in Australia. Meanwhile, I have applied for permanent residency and the CO has asked me for completed Form 80. Should I include information about him in Form 80? I am clueless about his address in Australia. What should I mention in the form? Please respond with advice in this regard.


You absolutely need to include everything. If you omit information, they can see it as trying to hide something from them and that could be very serious for you. You always want to be 100% open and honest with them.

There are blank spaces on the last page of the form where you can include additional information on any question you want. Whichever question is asking for your brother's address, I would just make sure on the last page you write the question number for that, and then the fact that you know your brother resides in Australia but that you do not know his address. If you don't know his address because you are not close and have not been in contact with him for quite some time, it would probably be good to say that, but definitely do NOT say that if it is not true. DIAC and ASIO have ways of searching things out.


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## Nelly87 (Jul 3, 2011)

CollegeGirl said:


> You absolutely need to include everything. If you omit information, they can see it as trying to hide something from them and that could be very serious for you. You always want to be 100% open and honest with them.
> 
> There are blank spaces on the last page of the form where you can include additional information on any question you want. Whichever question is asking for your brother's address, I would just make sure on the last page you write the question number for that, and then the fact that you know your brother resides in Australia but that you do not know his address. If you don't know his address because you are not close and have not been in contact with him for quite some time, it would probably be good to say that, but definitely do NOT say that if it is not true. DIAC and ASIO have ways of searching things out.


I second that and want to add, if your brother is overstaying it is very unlikely he has a future in Australia. Eventually they will find out, find him and he will not sit pretty in terms of entering Australia again - it is already game over for him, not for you though. It is his decision, sadly, and it should not affect your decision to do things the honest way. They can't punish you for being honest about someone else's bad decision for as far as I know. I don't think it would matter if your sibling wouldn't get through a health check, so it would be wrong if their overstaying would reflect on you.


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