slipshot

Out of interest, why were you there illegally? Were you working illegally too, since I assume you must have been, and thus, given you were there so long, I wonder if that will be treated as such.

I just wonder why people do stay somewhere illegally? I know it happens here in the UK frequently (and p*sses me off enormously) but it is interesting to here an actual perpestive on someone who would seem intelligent?

Thanks

huuuugo

Hi, I just loved the lifestyle there, never even imagened that I'd fall in love.

But I did, and that is great, but had to live the illegal life, so not to have to give up my relationship. Eventually this of course came to light and we had to make a decision to either get engaged or never see eachother again. both of us then decided without any doubt that we want to spend the rest of our lives together and got engaged. then it was time to come home and 'face the music'.

Working illegally? apparently they assume that anybody who has stayed here this long must have worked, but our agent seems to think that it won't 'get in the way' of our application.

One never stops looking over one's shoulder though, it's a life of unsureness. There is many things that one can do (yes) but also lots of things that one can't do as a unlawful citizen.

HUGO

slipshot

Fair enough chap and appreciate the honesty. Apologies for being nosey. Good luck...

JAJ

It does, but the exclusion doesn't apply to permanent visas, or some visas leading to permanency like spouse temporary.

All that said, there are issues in post #10 which need to be addressed.

JAJ

Why do you think you need to apply for a waiver?

Have you discussed with your agent?

huuuugo

Our agent seems to be quite confident that a waiver is needed and possible to be obtained.

It says in writing in the link provided in one of the previous posts that it the exclusion period is in place because I was illegal for more then 28 days AND was in the posession of a class E bridging visa.

I'd like to take your advice, but can't get past that written information, it seems quite clear in that the exclusion period of 3 years would apply UNLESS a waiver is given.

HUGO

JAJ

Once again, for the purpose of the 3 year ban:
http://www.iarc.asn.au/publications/pdfs/exclusion.pdf
a "temporary visa" does NOT include a "conditional temporary visa" (such as a temporary spouse/fiance visa).

And the Migration Regulations are very clear. The 3 year ban is contained in Public Interest Criteria 4013 and 4014 of Schedule 4 of the Regulations.

However, Schedule 2 of the Regulations for the subclass 300 visa makes no reference to criteria 4013 or 4014.

300.223 The applicant:
(a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4009 and 4010; and
(b) if the applicant had turned 18 at the time of application — satisfies public interest criterion 4019.

This is clear that the 3 year exclusion period does not apply.

Of course, you are free to decide whom or what you want to believe.

huuuugo

Hi,

Ok, I agree now, as long as the subclass 300 is seen as a 'permanent' or 'conditional temporary visa' of couse, which no doubt it is.

I'll sent a email to our agent, and ask him if he agrees as he was the one that tells me that there will be a 3 year exclusion period in place unless waived.

Thanks for your help,

HUGO

huuuugo

Hi again, can you also tell me what the Public Interest Criteria 4013 and 4014 stand for?

Thanks HUGO

George Lombard

Hi Huuuugo,

Just to set your mind at ease, Chris is a delightful person, I adore his wife and would be happy to engage him if I needed an agent.

FWIW we've just had a UK citizen client granted a provisional spouse visa after 15 years in Australia illegally and a departure BVE, so I'm sure that if carefully handled this will work for you.

Happy New Year everyone.

Cheers,

George Lombard

pumpkin blossom

My hubbie stayed out of oz for 3 years. When they gave him the ban they did say he could come back sooner, just not on a holiday visa.

Pollyana

Hi huuuugo,
Just conjecturing a bit here, and JAJ will be able to say whether I'm right or not, but did you actually live with your fiancee here? You say that you dated for 3 years, and her kid sees you as a father figure, but did you actually cohabit? If so, if guessing that you may be able to go for a de facto visa straight off, rather than a Pros Marriage (fiance) Visa - shortnes the whole process to PR and put you on slightly firmer footing when you get back here.

Although would obviously be a break in the cohabitation due to you coming home, this would be explainable, so shouldn't be an issue. It would also mean you wouldn't have to rush into a marriage as soon as you got back here.

huuuugo

Thank You George,

We did decide on Chris because of his many years experience and he seems confident in our case.

I guess we'll just have to do the 'waiting game'. It's all up to Chris and the DIMA I guess.

Thanks for your reply to my question!

HUGO

huuuugo

renew

Dorothy

Renew what? George has said your agent is a good one and you have said yourself that it's just a waiting game and up to DIAC now. Have you spoken to your agent this past week?