Refugee Asylum to Germany
Maria, a Colombian national, arrived in Australia on a student visa in 2018. Due to financial hardship and personal difficulties, she overstayed her visa by 18 months before voluntarily leaving the country in 2021. In 2023, Maria applied for a Partner Visa (Subclass 820/801) after marrying her Australian citizen partner, James.
Application Process
Disclosure of Immigration History:
- Maria was required to disclose her previous visa overstay as part of the application process.
- The Department of Home Affairs automatically flagged her past breach when processing her application.
Character and Immigration Compliance Considerations:
- Maria had to provide a statement explaining why she overstayed her visa and demonstrate that she left voluntarily rather than being deported.
- The Department assessed whether she had any adverse immigration history, such as working illegally or being subject to a deportation order.
Request for Further Information (RFI):
- The Department issued a request for additional documents, asking for proof of Maria’s voluntary departure and evidence of her good character.
- She provided flight records, statutory declarations, and letters from her employer and community members confirming her responsible conduct since leaving Australia.
Exemption for Schedule 3 Criteria:
- Since Maria had applied for the Partner Visa while being offshore (outside Australia), she did not need a Schedule 3 waiver.
- Had she applied while onshore (inside Australia), she would have needed to request an exemption, proving that compelling and compassionate circumstances justified her application.
Outcome:
Despite her past visa breach, Maria’s Partner Visa was approved. The Department determined that her overstay was not due to deliberate non-compliance but rather personal hardship. Her voluntary departure and strong relationship evidence with her husband played a key role in the approval.
Key Takeaways:
- Overstaying a visa can impact future applications, but voluntary departure and honesty can help mitigate issues.
- Providing strong evidence of genuine relationships, character, and compliance with immigration rules strengthens an application.
- Applicants who overstay and remain in Australia may face additional hurdles, such as needing a Schedule 3 waiver.
- Immigration history is always considered, and previous breaches can lead to refusals in cases of serious non-compliance.