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QLD Husband Overstayed Visa - How to Get Out of Detention Centre?

Discussion in 'Immigration Law Forum' started by marryanne, 8 April 2015.

  1. marryanne

    marryanne Member

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    Hi, I have Australian citizenship. My husband came on a tourist visa and overstayed but he has a no further stayed in his visa and now he is in the detention centre. How would I be able to apply for a bridging visa for him to come out....or can I lodge a 820 visa and then lodge BVE would that help?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Marryanne,

    If your husband has been deemed an ‘unlawful non citizen’ you have the option of applying for a Bridging visa while his immigration matter is finalised. However whether or not he will be able to get a bridging visa or other visa depends on wehther or not he has been refused a further visa since his arrival in Australia and the amount of time he has overstayed his visa illegally. I believe the only visas he will be able to apply for are a partner visa or a protection visa because of the bar under s 48 of the Migration Act.

    You may not be able to apply for a Partner visa unless your husband can show that he became an unlawful citizen because of factors beyond his control. He will also need to:
    • be sponsored by you
    • prove that your relationship is genuine and that you both have a mutual commitment to a shared life together to the exclusions of all others
    • meet the health and character requirements
    • demonstrate that you and he are living together, and if presently separated that this is only temporary.
     
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  3. Mitchell Kelly

    Mitchell Kelly Well-Known Member

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    If your husband has an 8503 - no further stay condition on his tourist visa, you will not be successful in lodging a partner visa onshore. He will need to leave Australia and you should lodge an offshore partner visa. He will need to wait offshore for the processing (you can join him if you wish), which will be about 9-12 months.
     
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  4. marryanne

    marryanne Member

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    Thank you both, for the information another question even if he has overstayed his visa the no further stay still valid?
     
  5. Mitchell Kelly

    Mitchell Kelly Well-Known Member

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