nikkiy5k

My boyfriend came to Australia to visit me and we were misinformed about
how long he was allowed to stay. He had an ETA which I now know is only
valid for 3 months but at the time we were told he could stay for up to
a year, i kick myself over and over for not going to the proper place to
find out. He overstayed 4 months and when he left the guy at the airport
said if he wanted to come back he would have to apply for a visa through
the Australian Embassy in Canada. He wants to apply for a tourist Visa
for a 12 month stay.

Has anyone ever had an experience with being granted a visa after
overstaying one before. What are the chances he will be granted a Visa.
He left voluntarily and has no criminal history and so forth. Any help
would be greatly appreciated

Mark Webster

> My boyfriend came to Australia to visit me and we were misinformed
> about
> how long he was allowed to stay. He had an ETA which I now know is
> only
> valid for 3 months but at the time we were told he could stay for up
> to
> a year, i kick myself over and over for not going to the proper place
> to
> find out. He overstayed 4 months and when he left the guy at the
> airport
> said if he wanted to come back he would have to apply for a visa
> through
> the Australian Embassy in Canada. He wants to apply for a tourist Visa
> for a 12 month stay.
>
> Has anyone ever had an experience with being granted a visa after
> overstaying one before. What are the chances he will be granted a
> Visa.
> He left voluntarily and has no criminal history and so forth. Any help
> would be greatly appreciated
>
>
> --
> nikkiy5k
> ----------------------------------------------------------------
> --------
> nikkiy5k's Profile:
> http://www.journeythere.com/forums/member.php?u=142
> View this thread:
> http://www.journeythere.com/forums/s...ad.php?t=39011
> Posted from: http://www.journeythere.com

Nikkiy5k,

If he has overstayed for more than 28 days, he will unfortunately face a
3-year temporary re-entry ban.

A couple of points to note on the ban:
- it's possible to get a waiver of the ban - but there need to be quite
compelling reasons. Would generally be something fairly extreme like
an Australian citizen child being affected by his absence.
- the ban doesn't apply to permanent visas (eg skilled or spouse
migration), or provisional visas leading to permanent residence (eg
fiance visas)

Generally, it's easier to try for a permanent or provisional visa,
rather than try to get a waiver of the ban...

George Lombard

> My boyfriend came to Australia to visit me and we were misinformed
> about
> how long he was allowed to stay. He had an ETA which I now know is
> only
> valid for 3 months but at the time we were told he could stay for up
> to
> a year, i kick myself over and over for not going to the proper place
> to
> find out. He overstayed 4 months and when he left the guy at the
> airport
> said if he wanted to come back he would have to apply for a visa
> through
> the Australian Embassy in Canada. He wants to apply for a tourist Visa
> for a 12 month stay.
>
> Has anyone ever had an experience with being granted a visa after
> overstaying one before. What are the chances he will be granted a
> Visa.
> He left voluntarily and has no criminal history and so forth. Any help
> would be greatly appreciated
>
>
> --
> nikkiy5k
> ----------------------------------------------------------------
> --------
> nikkiy5k's Profile:
> http://www.journeythere.com/forums/member.php?u=142
> View this thread:
> http://www.journeythere.com/forums/s...ad.php?t=39011
> Posted from: http://www.journeythere.com

Hi Nikkiy,

Unfortunately Mark's right, that when you overstay for more than 28 days
there's a "risk factor" which stays in place for three years with
respect to most temporary visas. You can get it waived in exceptional
cases but it's not easy. I'd suggest you contact one of the free
migration advice services, such as RILC or IARC, to confirm the options,
few though they might be. Try www.iarc.asn.au for example.

Cheers,

George Lombard

www.austimmigration.com.au

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