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PLEASE HELP - An illegal immigrant in Australia

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1inaMIL View Drop Down
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Joined: 04/November/2009
Location: Australia
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  Quote 1inaMIL Quote  Post ReplyReply Direct Link To This Post Topic: PLEASE HELP - An illegal immigrant in Australia
    Posted: 04/November/2009 at 06:00
Hello!

Hello, I'm in Australia for awhile now and I came on a valid visa(with a no further stay 8503 condition) and overstayed, so that makes me an illegal immigrant.

I plan to get married soon, my partner is an australian citizen.

Is there a a chance of getting married and getting a legal status without leaving the country?

Or definitely I have to leave the country and try to enter legally? Will I get a 10 years ban? Or a life time ban?

Are my chances of living legally in this country over forever?

Thank you for any well meaning advice!!



MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 04/November/2009 at 09:19
I cannot answer your question however you need to realise that by overstaying you could be apprehended and deported at any time. There will be a period that you will be excluded, and you will be given a bill for the departments costs in apprehending, detaining and deporting you. This will be high. But nowhere near as high as leaving the country now, and having your partner go with you, marrying overseas, and making a fresh application.

Would that be feasible?

Good luck.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

confusedkewpie View Drop Down
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Joined: 23/March/2007
Location: Australia
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  Quote confusedkewpie Quote  Post ReplyReply Direct Link To This Post Posted: 15/November/2009 at 16:46
Hello,

I am in similar situation. I have recently been in touch with immigration lawyer. You do have some chance in applying for a spouse visa to remain in Australia but only given you have been in this relationship for over 2 years and can prove it or there are australian citizen children of the relationship.

The exclusion band is 3 years and prohibts entering Australia on a temporary visa for that time.
Have a look at this information I have posted below and perhaps get in contact with a immigration lawyer (research the best)....

http://www.iarc.asn.au/publications/index.html

Once you go to that site, scroll down to De Facto Spouse Visa (onshore) to read what it has to say

good luck

EDITED to make link clickable.

Edited by MartinO - 15/November/2009 at 21:56

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