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sunshine27

Overstayed in X country

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Hey!

In 2018 I overstayed my visa for 8 months in USA. I left the country voluntarily and on the boarder they didn't say anything. Now a month later I wanna apply for working holiday visa but there's a question about overstaying. What are the chances i get my visa denied? Should i wait and try later? What if i get denied? Can i try again later?

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2 hours ago, sunshine27 said:

Hey!

In 2018 I overstayed my visa for 8 months in USA. I left the country voluntarily and on the boarder they didn't say anything. Now a month later I wanna apply for working holiday visa but there's a question about overstaying. What are the chances i get my visa denied? Should i wait and try later? What if i get denied? Can i try again later?

Non-compliance with your US visa does not make you subject to an exclusion period in Australia. However, non-compliance with another country is something that is most definitely taken into consideration. In assessing your working holiday visa application the Department needs to be satisfied that you are seeking to enter Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia. 

Are there any extenuating circumstances as to why you overstayed? 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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6 hours ago, AFV said:

Non-compliance with your US visa does not make you subject to an exclusion period in Australia. However, non-compliance with another country is something that is most definitely taken into consideration. In assessing your working holiday visa application the Department needs to be satisfied that you are seeking to enter Australia as a genuine visitor whose principal purpose is to spend a holiday in Australia. 

Are there any extenuating circumstances as to why you overstayed? 

No, I was just stupid. Would you recommend to wait for a little because it has been only a month since i left USA or it's okay to try it now?

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22 hours ago, sunshine27 said:

Hey!

In 2018 I overstayed my visa for 8 months in USA. I left the country voluntarily and on the boarder they didn't say anything. Now a month later I wanna apply for working holiday visa but there's a question about overstaying. What are the chances i get my visa denied? Should i wait and try later? What if i get denied? Can i try again later?

Australia and the US are part of the Five Country Conference High Value Data Sharing Protocol which basically means their share data on people who have held visas in member countries. 

So Australian Immigration will know/can find out about the overstay.

Given that the overstay was only a month ago, I would say the chance of a denial would be very very high.

As AFV has said, an overstay isn't grounds for an exclusion period to Australia, but omitting the information on your application is. 

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32 minutes ago, Nightcall said:

Australia and the US are part of the Five Country Conference High Value Data Sharing Protocol which basically means their share data on people who have held visas in member countries. 

So Australian Immigration will know/can find out about the overstay.

Given that the overstay was only a month ago, I would say the chance of a denial would be very very high.

As AFV has said, an overstay isn't grounds for an exclusion period to Australia, but omitting the information on your application is. 

How long should i wait then? 6 months, a year or even longer? 

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2 hours ago, sunshine27 said:

How long should i wait then? 6 months, a year or even longer? 

Unfortunately, It is not something that you can put an actual time period on. Ultimately it will be whether, at the time of application,  you can demonstrate that your sole intention is to visit Australia as a genuine visitor only. It is an objective assessment of many circumstances that will determine whether this intention exists. One of the circumstances that are definitely taken into consideration is previous visa compliance in other countries too. If you were to apply soon off the back of your overstay in the United States I would say it would be highly likely your visa would be refused. 

As stated above, when the Department assesses an application, such as a working holiday visa, in relation to determining whether an intention exists that the applicant will visit as a genuine visitor only, many factors are taken into consideration, such as age, employment history, personal savings, family ties in applicants home country, social and political factors in applicants home country etc,  And as stated above, previous visa compliance. 

I think the only thing that can increase your chances of success is the passage of time. If you were to have overstayed in Australia by more than 28 days you would be subject to a 3-year re-entry ban. In my opinion, 3 years might then be a suitable time frame to apply. You would also want to show that during that time you have held employment etc, been responsible etc. Show that your circumstances are different then and that your previous overstay was an isolated incident. 

I wish you all the best.


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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I agree with what AFV has written, about 3 years would seem a suitable time, maybe 2 if you can show demonstrated compliance with visas to similar country such as Australia within that 2 years.

The issue you may also have depending on which country's passport you have is that you may also find it hard to get visas for these countries. 

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7 hours ago, Nightcall said:

I agree with what AFV has written, about 3 years would seem a suitable time, maybe 2 if you can show demonstrated compliance with visas to similar country such as Australia within that 2 years.

The issue you may also have depending on which country's passport you have is that you may also find it hard to get visas for these countries. 

Okay, thank you! I'm from Europe and actually i visited Canada right after USA for two weeks and there they didn't say anything.

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1 minute ago, Nightcall said:

If you can spare the money, give a tourist to Australia ago then, it maybe successful given your european. At least that way you will know for sure and know that you will have to follow the above advice. 

 

 

That is not a bad idea. If it is refused, then at least a later point in time when you apply again, you can reference that you were refused previously because of the overstay, but in that time since you have done the following etc. 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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