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Jurgen_1980

Overstayed visa in Australia. Now wanting a visitor visa

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Hello, I was in Australia from 2014 to 2017 studying at University. My student visa ended on the 11 Feb 2017 and I departed Australia on the 17 Feb, overstaying my visa by 6 days. I honestly believed that my visa was valid until the end of the month. I know it was my responsibility to know this, but like I said I made a mistake. I would now like to go back to Australia for my friends wedding. I was told that I may have an entry ban and this will prevent me from going back. I deeply regret that I overstayed my student visa. What are my chances of getting a visitor visa now. 

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9 minutes ago, Jurgen_1980 said:

Hello, I was in Australia from 2014 to 2017 studying at University. My student visa ended on the 11 Feb 2017 and I departed Australia on the 17 Feb, overstaying my visa by 6 days. I honestly believed that my visa was valid until the end of the month. I know it was my responsibility to know this, but like I said I made a mistake. I would now like to go back to Australia for my friends wedding. I was told that I may have an entry ban and this will prevent me from going back. I deeply regret that I overstayed my student visa. What are my chances of getting a visitor visa now. 

As your overstay in Australia was less then 28 days you will not be subject to a 3 year exclusion ban. However your overstay will be something that will definitely be taken into consideration in the assessment of your visitor visa application. To be granted a visitor visa, you must meet the legal requirements that are specified in the Migration Act and Regulations.

Clause 600.211 provides:

The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:

(a)  whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

(b)  whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and

(c)  any other relevant matter.

Whilst the Migration Regulations do not provide a definition as to what amounts to ‘complied substantially’ the procedures advice manual (PAM3) provides the following guidance:

In establishing whether cl.600.211(a) is satisfied, relevant considerations about the visa applicant’s visa compliance history may include, but are not limited to:

  • has the applicant previously travelled to Australia 

and if so,

  • did they comply with the conditions of their last visa (or if not, were there circumstances beyond their control) and 
  • did the applicant leave before their visa ceased.

In my opinion the procedures advice manual confirms the position that there is no specific definition provided in the Migration Regulations as to what amounts to ‘complied substantially’, and that an overstay by itself does not therefore necessarily mean that an applicant has not complied substantially with the conditions of their last visa. If this was the case the regulations would simply provide for that, and they don’t. The procedures advice manual also confirms that the delegate has the discretion available to them in deciding whether an applicant has complied substantially with the conditions of their last visa. A proper exercise of that discretion will be based on an assessment of all of the available facts available to the delegate.

I would recommend that you include a covering letter acknowledging your overstay and that it was a short over stay of 6 days due to an honest mistake on your part. Also the Department will need to be satisfied that if you are granted a visitor visa you will comply with the conditions of that visa. What are your circumstances now, incentive to return 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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Thank you very much for such a details reply to my question here.

I live and work in Hong Kong. After I completed University I was offered a cadetship in Hong Kong at a Chartered Accounting firm. I have been full time for the past 18 months. I am on a good salary. My wife is also here with me in Hong Kong, we were married last April. She will not be coming to Australia with me. It will only be a 5 day visit to attend my friends wedding whoI went to University with in Perth. 

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