The applicant overstayed visa for 1.5 years. We applied for a visa and it was granted in about 3 months with no major complications.
When the client enquired with us, her visa had expired for 1.5 years already. Many other agents had advised her that there was no other way to get a visa in Australia. They had advised her to leave Australia, wait for the removal of the 3 year ban before applying to return to Australia.
Luckily, they did not give up and enquired with us. We quickly offered an easy solution. She did not need to leave Australia and her visa was granted in less than 3 months.
Due to an innocent mistake, the client overstayed her original student visa by 1.5 years.
We found out that she was actually in a de facto partner relationship with a 485 visa holder so we explored her options through that way.
Difficulties with this case
If you do not hold a valid visa, your visa options can be limited. Furthermore, if you leave Australia without holding a visa, you will have a 3 year re-entry ban.
So how did we find a solution?
Listening to the client’s circumstances, we immediately identified a possibility for her to obtain a visa as a dependent to her partner’s existing subclass 485 visa. However, the other difficulty was that her partner never declared that he was in a de facto relationship nor declared her as his partner. Hence, potentially raising issues with credibility and potentially implicating her partner’s existing visa because he may have provided false and misleading information.
We had to prepare the application very carefully and drafted legal submissions which clearly explained the partner’s mistake in the original application and addressed all 4 aspects of their de facto partner relationship.
The subclass 485 visa is one of the limited visas in Australia that you can apply for even if you do not hold a valid visa.
So within less than 3 months, we rectified her visa status and she was granted a 485 dependent visa.
If you have overstayed your visa and want to see if you have any options to remain in Australia, you can get in touch with us to discuss further: Book a Consultation
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