Australian Visa Application With A UK Overstay?

Question

My partner is about to apply for an Interdependancy Visa into Australia, she has previsouly overstayed in the Uk and has been deported, Will this effect the Character Requirement in the application?? You're help would be appreiciated :-)

Answer 1

Your partner can try and apply but the chances are slim of getting a visa.  Any country is hestitant to issue a visa to someone who (with proof) visited another country and over-stayed their visa.  Because if they issue your partner this visa theres a chance she will over-stay and be illegal, rather than take a risk that they will probably just deny the visa.

Answer 2

Yes it will.  All countries take this seriously - a deportation for overstaying etc. from one country can haunt you for the rest of your life.  The best thing to do is to talk to an immigration lawyer and see what he or she says.

Answer 3

Hi,

the two answers that have been given so far are irrelevant to what you asked.The writers obviosly don't know what an interdependancy visa is,or what the reference to Character Requirements means.

Neither will you need an 'immigration lawyer' to advise you. In fact in Australia or Europe you would have a hard job finding one, because they are almost non-existent, because unlike the US, we don't need rip-off lawyers to tell us how to fill in forms we can easily deal with ourselves.

You are referring to completion of the Form 47. Don't be put off because its seems complicated. That is because Australia has covered all sorts of variations, and applications from every country in the world on th eone form. Much of it will not apply to your partner.

Your partner will have to mark the 'yes'box in section 81 of the application.However,just further down form there is a place where any other information can be entered. In this place ,your partner can say why deportation took place, ie. for overstaying visa, and also, put down the reason if there is one that seems reasonable. When considering Character Requirements. Australian Immigration is mainly concerned about deportation for SERIOUS criminal offences,after serving jail sentences.That is not applicable in the case of the Uk, which does not jail overstayers, unless they commit some other offence. In fact Australia is highly unlikely to reject an application for that, simply because the application is for permanent entry, and therefore overstaying is not a consideration. Your partner should give details of the oversaying, wirh an explanation, if possible.Honesty is the best policy here,and is likely to assist the application, not lead to it being rejected. Australian Immigration will not set out to reject your partner. Quite the opposite They will trying to give the benefit of doubt wherever possible, especially when family reunion is a factor.They are quite human,and are aware of the problems that some people can face that might make them overstay.

On the other hand, if you fail to mention something,or tell a lie,  Immigration can easily check for themselves, especially with the UK authorities, and that can result in a visa being denied permanently. So go ahead, both of you get your parts done and submitted. You won't have a problem with the Character Requirements. Providing you can meet the sponsorship requirements, and have known each other for long enough, you won't have a problem with anything else either.So get on with it,and good luck!

Answer 4

being deported from any country raises a red flag..and yes it can effect getting a visa for Australia

sorry to say but no country wants a law breaker