Immigration legal question?

Discussion in 'Legal Issues' started by TMNT, 12th Jun, 2019.

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  1. TMNT

    TMNT Well-Known Member

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    Strictly hypothetical

    If a person who overstays their visa forms a relationship with a local australian, and then wants to settle down here. Decides to go back to their own country, and then files a spouse visa, would this be valid?

    The relationship is genuine but it started while they were doing something illegal
     
    TMNT, 12th Jun, 2019
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  2. datto

    datto Well-Known Member

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    Illegal? There is a character test to pass. If immigration find out about it, I don't think it'll cut the mustard.

    Immigration are kicking out non citizens who have lived here for 50 years for being naughty eg drugs and/or running outlaw bikie clubs.
     
    datto, 12th Jun, 2019
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Are you reapplying to stay @TMNT? :confused:
     
    Scott No Mates, 12th Jun, 2019
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  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Forming a relationship isn't illegal but overstaying a visa is. There may be exclusion periods so they might have to wait a while before being allowed to apply for a visa again, but it would be valid to apply.
     
    Terry_w, 12th Jun, 2019
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  5. Marg4000

    Marg4000 Well-Known Member

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    Overstaying a visa would be a black mark in the character test. Also would arouse suspicion that the “relationship” was simply a ploy to get a visa.

    Yes, it does happen.
    Marg
     
    Marg4000, 12th Jun, 2019
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  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Hard to see how a visa duration and tests for spouse are mutually inclusive.
     
    Paul@PAS, 12th Jun, 2019
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  7. TMNT

    TMNT Well-Known Member

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    yeah, didnt know you had to pass a character test, suppose it makes sense,

    are you allowed to apply for a spouse visa while overstaying your visa?
    I assumed that maybe if the period of courtship was illegal, then the spouse visa would not even be entertained
     
    TMNT, 13th Jun, 2019
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  8. TMNT

    TMNT Well-Known Member

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    are you offering Scott No Mates?o_O

    I can cook and clean well, and have other talents that I cant mention!
     
    TMNT, 13th Jun, 2019
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  9. sash

    sash Well-Known Member

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    Watcha mean....that would mean most of the Australians of Convict backgrounds would have not passed the character...righto...Datts...that it...you have 21 days to leave OZ...youse did one too many burn outs in the Druie!
     
    sash, 13th Jun, 2019
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  10. willair

    willair Well-Known Member Premium Member

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    They will find out when they fly out,but I would say that the least they would be banned from re-entry back into Australia for a few years ..
     
    willair, 13th Jun, 2019
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  11. EN710

    EN710 Well-Known Member

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    EN710, 13th Jun, 2019
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  12. Trainee

    Trainee Well-Known Member

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    What happens if you try to fly out on an expired visa?
     
    Trainee, 13th Jun, 2019
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  13. EN710

    EN710 Well-Known Member

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    EN710, 13th Jun, 2019
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  14. willair

    willair Well-Known Member Premium Member

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    From what I have seen flying in and out of Australia over the past month,the Federal Police would be waiting for you as you go through the checking in your bags ,and they would take them away for a talk and unable to return for up too 3 years..
     
    willair, 13th Jun, 2019
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  15. aussieB

    aussieB Well-Known Member

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    Contact a MARA agent for accurate advice.

    Otherwise, a considerable donation to the immigration minister should help you. That's how the Italian mafia got their visas and avoided deportation.
     
    aussieB, 13th Jun, 2019
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  16. datto

    datto Well-Known Member

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    Apparently character is important these days. Unsavoury characters need not apply.

    You may need legal advice on those other matters. I'm not sure. But I suppose it won't look good if a person has overstayed.
     
    datto, 13th Jun, 2019
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  17. shorty

    shorty Well-Known Member

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    Don't think "black mark" or "cut the mustard" are legal terms. :D
     
    shorty, 13th Jun, 2019
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  18. Scott No Mates

    Scott No Mates Well-Known Member

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    Like ride a unicycle? :rolleyes:
     
    Scott No Mates, 13th Jun, 2019
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  19. TMNT

    TMNT Well-Known Member

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    Nah, much better.

    I do the 2 wheel version
     
    TMNT, 13th Jun, 2019
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