Married After Overstaying Australian Visa, Is It Possible?
Before we talk about the option for people who married after overstaying their Australian Visa, let us talk a bit about the relationship aspect first.
Meeting your special someone is always a life-changing and special time, and what better place to meet them than Australia?
It’s an amazing place to meet someone, go on adventures and plan your future together.
Sometimes this results in one-half of the couple getting carried away and forgetting to keep an eye on their visa expiry date.
This is one of the most common reasons we come across for people overstaying their visas.
Some realize days after the expiry date and others realize months later.
Understandably, often the couple chooses not to notify immigration in case they are separated by the overstayer getting a ban from Australia for 3 years.
This ban is likely the reason why lots of people choose to marry after overstaying their Australian visa.
But please keep in mind;
Staying in Australia without a valid visa may work out in the short term, but unfortunately it can have significant repercussions in the future if the couple wants to get married.
Understanding Overstaying and the Implications
Overstaying an Australian visa means remaining in the country beyond the authorized period specified by the permit. Overstaying can lead you to detention, deportation, and future entry bans, making it crucial to address the situation promptly and appropriately.
Breaking the terms of your visa by overstaying makes it harder to ever be granted a visa by immigration ever again.
Getting Married is one of the options
However, it is possible to get a partner visa even if you are married after overstaying your Australian Visa.
You just need a migration agent experienced in overstay cases and partner applications to assist you in your next submission.
In the first scenario, you realize you have overstayed your visa by less than 28 days.
This is good news. You will need to call Immigration’s Status Resolution Centre and tell them that you have overstayed and are applying for another visa.
They will then provide you with a 28-day Bridging visa.
You are then lawfully in the country again for those 28 days.
Your application for a partner visa must be submitted by the time the 28 days are up, so you can receive another bridging visa until your visa is granted or rejected, or you must leave Australia.
If your visa submission is still being prepared by the time your grace period is finished, you must leave.
If your visa submission is not ready by the time your grace period is finished, you must leave.
You can then either apply for a visitor visa from offshore and come back and apply for a Partner visa on shore, or you can apply for a partner visa offshore.
If you have overstayed by more than 28 days, unfortunately you do not have a lot of easy options.
If you leave Australia, you will be subject to a three-year ban.
To get the ban lifted, you will need to get in touch with our Migration Agent, Indah Melindasari who is likely to be able to get the ban lifted and reunite you with your love quickly.
If you stay in Australia and try to apply for a partner visa onshore, you will have scheduled 3 criteria applied to you which means that you will have additional criteria you have to fulfill to be granted a partner visa.
To be blunt, Schedule 3 criteria are very difficult to fulfill and increase the chances that your application will be rejected.
However, it is normal for applications that have Schedule 3 applied to be rejected.
You then have the chance to appeal that decision and hopefully it will be accepted.
No matter what scenario you are in, it is a difficult and stressful place to be.
ONE derland Consulting is very experienced with overstay cases and rejection cases.
You’re giving yourself the best chance of a successful application if you hire us as your visa agent.
Having someone with experience in overstay and rejection cases is absolutely key.
These are not straightforward cases where the usual documentation will do.
Many people come to us after going to an unregistered migration agent, or an agency that has little or no experience in the scenarios given in this article; they have wasted time and money by not asking the right questions to ensure they are going with the best agency for their needs.
To ensure that you are able to provide enough evidence to support that you are in a genuine relationship with your Australian Partner, it is recommended to seek the professional advice of a registered migration agent.
ONE derland Consulting is a migration agency with over 10 years’ of experience successfully handling many Australian Fiancé Visa applications.
Indah Melindasari the principal Migration Agent, is a Professional Migration Agent in Perth registered with the Australian Migration Agents Registration Authority (MARA).
We are regulated in our professional practice and are bound by the profession’s Code of Conduct issued by the Migration Agents Registration Authority.
Our migration agent Indah will be able to assess you and your situation and determine what steps you will need to take in order to be application ready.
Your agent will provide you with a personalised document checklist, tailored specifically to your individual case that will guide you in preparing the relevant documentation needed to prove your relationship is genuine.
And that’s not all.
At ONE derland consulting, Indah and her team will remain with you every step of the way, from the beginning of your application right through to the end.
We will thoroughly check over all your documents and advise you at each step.
Our consultants will keep you updated throughout the process of your application and are always on hand to answer any questions or queries you may have regarding the progress of your application.
If you are wanting to apply for an Australian Partner Visa and have any questions or concerns, why not contact our team using the details listed on our contact page?
You can chat with a consultant live using the chat widget on the below part of the web or call us on 08 9477 5831.
