huuuugo

Hi there,

Anybody have any practical experience with obtaining a subclass 300 Visa, (proposed marriage) AFTER being illegal in Austrlia?

the DIMA came knocking a few months ago (well, they just called me on the phone actually) and agreed to leave voluntarely in 3 weeks. They gave me a bridging visa class E.
Have done everything right since and was never before asked to leave even after being here illegally for 7 years.

now engaged to Australian Citizen after dating for 3 years. We are planning our marriage for Jan 2010.

ANYBODY has any real experience with subclass 300 visa application with the added difficulty of the applicant having been UNLAWFUL in Australia??

I don't think the application for fiance visa would be refused as we're genuine and have all the needed evidence i believe. HOWEVER, HAVING BEEN ILLEGAL THEY WOULD SLAP THE 3 YEAR EXCLUSION PERIOD ON ME, and of course no relation would survive 3 years apart. We don't have babies together however my fiance (female) has a 6 year old boy and i've been his only father figure for half of his life.
Our lawyer is going to ask for a waiver on the exclusion period to be executed on compelling grounds.

Question: Would this significantly delay our application???

Anybody have any experience with the waiver being granted???


During the 3 week bridging visa we collected lots of letters and a few Stat Decs and lots of older photo's for evidence and contacted a lawyer to lodge the application for us and liase for us. Also passed medical and AFPolice clearence there.

What I want to know is examples of passed and failed applications similar to mine and waiting times of SIMILAR cases, thru Berlin Embassy.

Thanks for your time,
HUGO

pumpkin blossom

You really are going to have to contact an agent or two on this one.
Hubbie overstayed his visa, but only by 10 months, and he left all by himself and had not been working, and they let him back in.
Good luck

hitchcock71

is it not the case that there is automatic ban of coming to au ( of 3 yrs) if you have over stayed your visa?

huuuugo

Hi, thanks for your reply.

Yes, we are hiring the services of a experienced MARA agent in Australia.

What happened to your hubbie's 3 year exclusion period for being illegal?
HUGO

huuuugo

Our MARA agent says that there is a way of getting the exclusion period waived.

What about your husband's exclusion period?
HUGO

hitchcock71

?

huuuugo

On compasionate or compelling reasons

Dorothy

I don't know who you plan to engage for your agent, but if it were me I would engage George Lombard as my agent for this type of thing. It's complicated and just the type of case George is good at. Please google his name or do a search on this forum for his contact details.

(Personal recommendation only)

huuuugo

Thank you moderator, We have appointed Chris McGrath as our agent, merely because of his 26 years experience on the job. But if I had known of George, i'd be talking to him too.

Thanks for your reply!

HUGO

JAJ

The 3 year exclusion period does not apply to permanent and conditional permanent visas. As long as the departure was voluntary, if not, there is a different ban applied.

However, long illegal stay of this nature will cause them to look a lot more closely at whether there is a genuine relationship.

It may also cause issues for the character test.

huuuugo

Hi, where can one read that the exclusion period does not apply for a subclass 300 (proposed marriage) visa??

we've been dating closely for 3 years and have phone records, photo's and letters from friends and statuory declarations from my fiance's family to confirm.

I've not been able to read anything about the exclusion period not being enforced for my visa, as I would be able to do a 1 day application otherwise by visiting Berlin embassy. (im a dutch citizen)

looking forward to your reply,

HUGO

JAJ

In the Migration Regulations! (ask your agent ... )

But there is a good overview at:
http://www.iarc.asn.au/publications/pdfs/exclusion.pdf

huuuugo

Hi,

Just read it and it says that:

"if you left Australia voluntarily after being unlawful, you are NOT BANNED from applying for permanent or conditional temporary visa"

However, direcly under that it says:

"However, you will not be granted a temporary visa (which is what mine will be right???) for a period of 3 YEARS of the last date of departure (unless waived) if:

* you left Australia more than 28 days of expiry of visa (that's me)
* you left Australia while holding a bridging visa E that was granted more then 28 days of expiry of visa. (that's me too)

so, to me that means that there is a 3 year exclusion period coupled to my departure and subsequent visa application for our proposed marriage right?

HUGO

Pollyana

I've just been reading it and I came to the same conclusion- you were on Bridging Visa E, after being here illegally 7 years, is that right? So to my thinking the exclusion period applies in your case.......

huuuugo

They gave me a bridging visa class E for 3 weeks, so I could leave voluntarily yes, so I'd be looking at getting the exclusion period waived if possible...

anybody got any experience with that?

HUGO