Married After Overstaying Australian Visa, Is It Possible?
Before we talk about the option for people who married after overstaying their Australian Visa, let us talk a bit about the relationship aspect first.
Meeting your special someone is always a life-changing and special time, and what better place to meet them than Australia?
It’s an amazing place to meet someone, go on adventures and plan your future together.
Sometimes this results in one-half of the couple getting carried away and forgetting to keep an eye on their visa expiry date.
This is one of the most common reasons we come across for people overstaying their visas.
Some realize days after the expiry date and others realize months later.
Understandably, often the couple chooses not to notify immigration in case they are separated by the overstayer getting a ban from Australia for 3 years.
This ban is likely the reason why lots of people choose to marry after overstaying their Australian visa.
But please keep in mind;
Staying in Australia without a valid visa may work out in the short term, but unfortunately it can have significant repercussions in the future if the couple wants to get married.
Understanding Overstaying and the Implications
Overstaying an Australian visa means remaining in the country beyond the authorized period specified by the permit. Overstaying can lead you to detention, deportation, and future entry bans, making it crucial to address the situation promptly and appropriately.
Breaking the terms of your visa by overstaying makes it harder to ever be granted a visa by immigration ever again.
Getting Married is one of the options
However, it is possible to get a partner visa even if you are married after overstaying your Australian Visa.
You just need a migration agent experienced in overstay cases and partner applications to assist you in your next submission.
In the first scenario, you realize you have overstayed your visa by less than 28 days.
This is good news. You will need to call Immigration’s Status Resolution Centre and tell them that you have overstayed and are applying for another visa.
They will then provide you with a 28-day Bridging visa.
You are then lawfully in the country again for those 28 days.
Your application for a partner visa must be submitted by the time the 28 days are up, so you can receive another bridging visa until your visa is granted or rejected, or you must leave Australia.
If your visa submission is still being prepared by the time your grace period is finished, you must leave.
If your visa submission is not ready by the time your grace period is finished, you must leave.
You can then either apply for a visitor visa from offshore and come back and apply for a Partner visa on shore, or you can apply for a partner visa offshore.
If you have overstayed by more than 28 days, unfortunately you do not have a lot of easy options.
If you leave Australia, you will be subject to a three-year ban.
To get the ban lifted, you will need to get in touch with our Migration Agent, Indah Melindasari who is likely to be able to get the ban lifted and reunite you with your love quickly.
If you stay in Australia and try to apply for a partner visa onshore, you will have scheduled 3 criteria applied to you which means that you will have additional criteria you have to fulfill to be granted a partner visa.
To be blunt, Schedule 3 criteria are very difficult to fulfill and increase the chances that your application will be rejected.
However, it is normal for applications that have Schedule 3 applied to be rejected.
You then have the chance to appeal that decision and hopefully it will be accepted.
No matter what scenario you are in, it is a difficult and stressful place to be.
