# deported or removed from australia and applying for partner visa



## daler (Jul 4, 2015)

First of all i would like to say thanks to everyone time for reading this ..
Im daler and i removed from australia last year in june 2014 because of i overstaying my visa.while i was in australia i met my wife and we were start dating after i removed she come to india and visit me in sept 2014 and we went to different different places for good holidays. We always want to marry but was afraid of this immigration things and i send her back we continue talking on phone everyday and texting eachother then we plan abt to marriage and she come back to india again this year in feb with her friend and we got married now we are going to launch partner visa 309 i just wondering how should i have to prepare not get refused im really worried ..anyone help please ...


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## roxxy18 (Jan 13, 2015)

daler said:


> First of all i would like to say thanks to everyone time for reading this ..
> Im daler and i removed from australia last year in june 2014 because of i overstaying my visa.while i was in australia i met my wife and we were start dating after i removed she come to india and visit me in sept 2014 and we went to different different places for good holidays. We always want to marry but was afraid of this immigration things and i send her back we continue talking on phone everyday and texting eachother then we plan abt to marriage and she come back to india again this year in feb with her friend and we got married now we are going to launch partner visa 309 i just wondering how should i have to prepare not get refused im really worried ..anyone help please ...


Post this in the thread titled 'Sticky: Ask Mark'


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## JandE (Jul 17, 2015)

When you were deported/removed, did you get a ban (exclusion period) aswell ?

My ex wife had a friend some years who that happened to (overstaying a visa) and she could not return for 5 years, even though she left voluntarily without being caught.

If you have an exclusion period, then I would wait for it to expire or use a good immigration agent. I would not even consider DIY on that one.


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## daler (Jul 4, 2015)

JandE said:


> When you were deported/removed, did you get a ban (exclusion period) aswell ?
> 
> My ex wife had a friend some years who that happened to (overstaying a visa) and she could not return for 5 years, even though she left voluntarily without being caught.
> 
> If you have an exclusion period, then I would wait for it to expire or use a good immigration agent. I would not even consider DIY on that one.


Yes i do have 3 year ban but its not apply to partner visa at all i guess .. does she have to wait five year to get back to australia?


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## firemansam (May 10, 2015)

Based on your information the PMV would have been a far better option for you to apply for based on your evidence. It's a shame that being married you are now only left with the option of the Partner Visa.


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## daler (Jul 4, 2015)

firemansam said:


> Based on your information the PMV would have been a far better option for you to apply for based on your evidence. It's a shame that being married you are now only left with the option of the Partner Visa.


First thanks for reading my thread
Yes im going to apply partner visa we going to hire mara registered lawyer as well because i dont wanna waste my money or regret later.. just fingure cross i will get my partner visa how long it will take ?


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## firemansam (May 10, 2015)

With your previous history u could be looking at a 12-18 month wait, anything under that u should take as an absolute bonus.


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## JandE (Jul 17, 2015)

daler said:


> First thanks for reading my thread
> Yes im going to apply partner visa we going to hire mara registered lawyer as well because i dont wanna waste my money or regret later.. just fingure cross i will get my partner visa how long it will take ?


A Partner Visa seems to be quoted at about 9 months, but could be shorter for easy applications (6 months?) or longer for complicated cases.

I just read that an exclusion period can be waived on appeal, and one took about 6 weeks to do.

I have assumed that an exclusion period would cover any visa application, as the official wording I read was: _If you are 'removed' from Australia then you will be excluded from being granted a visa to re-enter Australia for a period of ...._

But this bit may allow an application for permanent visa, if it applies.

_If you left Australia voluntarily after being unlawful (and have not had a visa cancelled) then you are not banned from applying for a permanent or conditional temporary visa_

But, your Migration Agent should give you the best options. We can only speculate.


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## daler (Jul 4, 2015)

firemansam said:


> With your previous history u could be looking at a 12-18 month wait, anything under that u should take as an absolute bonus.


Thanks firemansam i really appericiate


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## daler (Jul 4, 2015)

JandE said:


> A Partner Visa seems to be quoted at about 9 months, but could be shorter for easy applications (6 months?) or longer for complicated cases.
> 
> I just read that an exclusion period can be waived on appeal, and one took about 6 weeks to do.
> 
> ...


Thanks so much for giving wonderful information and of course my visa never been cancelled and i never extended because of my personal issue ... and yes i been removed not deported i think there is different between deported and removed if im not wrong and its been over a year now since i removed ..


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## travellor (May 3, 2014)

Can i ask a question???? WHY do you guys overstay your visas in the first place???? This is the very reason genuine tourists have to jump thru hoops to visit!!!!! 

I am getting so cheesed off with people blatantly abusing their visas and then want to find the easiest way to return...


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## CollegeGirl (Nov 10, 2012)

Three-year bans do not apply to permanent visa applications, so it will not prevent you from lodging a Partner Visa application. It will, however, prevent you from being granted a temporary visa like a tourist visa. I'm glad you've engaged a MARA-registered agent - very good move on your part as the Department will definitely be scrutinising your application even more closely given your previous overstay.


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## chicken999 (May 2, 2013)

I agree this pisses me off no end (having had 3 tourist visas rejected for my husband prior to our pnv being granted). And conveniently you all seem to apply for partner visas to get back in once u are booted out. I would be very cautious if I was an Aussie marrying a person in this situation


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## daler (Jul 4, 2015)

CollegeGirl said:


> Three-year bans do not apply to permanent visa applications, so it will not prevent you from lodging a Partner Visa application. It will, however, prevent you from being granted a temporary visa like a tourist visa. I'm glad you've engaged a MARA-registered agent - very good move on your part as the Department will definitely be scrutinising your application eve n more closely given your previous overstay.


Thanks so much cg 
I read all your post and i think i hired mara lawyer because you said to someone on this site who were in similiar situation im very thanks to you .. i just wondering like hope it wouldnt take much longer to grant me proper visa ..


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## daler (Jul 4, 2015)

daler said:


> Thanks so much cg
> I read all your post and i think i hired mara lawyer because you said to someone on this site who were in similiar situation im very thanks to you .. i just wondering like hope it wouldnt take much longer to grant me proper visa ..


I wanna ask you if i have some fine to pay in australia is that would effect on my partner visa ?


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## chicken999 (May 2, 2013)

You cannot have any debt to the government which I believe includes fines


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## Maggie-May24 (Jul 24, 2011)

Only Australian debt (e.g. taxes) that is outstanding will be an issue. If you have a debt that you are actively re-paying, it would be fine. Fines (e.g. parking tickets), commercial debt (e.g. credit cards) are not an issue.


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