Detail Question Of The Week

Overstayed Student Visa - Now applying for Partner Visa

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Question asked


I came to Australia on a student visa in 2008.for unfortunate circumstances i overstayed my visa since 2010.I got married to an Australian citizen in December 2015. I've been living with her ever since.

I need to apply for a partner visa and I've been contacting agents solution they say is to go back and apply offshore.I would prefer applying onshore.I'm a tradesman and i can get sponsored through my work if that can be a plus point.

what would you think the best solution is?

please recommend me an agent who's willing to take my case.

Answer provided by our agents

Hello N.

You have not held a legal status in Australia for a very long time, and it is important that you regulate your status. For yourself, your family, but mainly because it is a legal requirement to do so. The repeated advice you have received from other Agents is to make an application offshore and not onshore. To apply onshore it is required that legal criteria called Schedule 3 criteria be satisfied. This includes demonstrating that you no longer hold a substantive visa for reasons beyond your control, and that there are compelling reasons for granting the visa. Any Agent who you have spoken to and have told of your situation, has not recommended applying onshore, because they consider the application will be unsuccessful. This is because, without being able to demonstrate grounds beyond your control for why you do not hold a substantive visa any longer, and demonstrating grounds for a compelling reason for the grant - the application will fail. The Agents you have consulted have most likely not taken on your case, because they know an onshore application will be unsuccessful. It is because of due diligence and care, no Agent will take on an onshore case for you because they know the likely result. In this regard we cannot recommend an Agent who will take on an onshore case.

I suggest however, like other Agents, that you make an offshore application. I would be happy to provide a quote for you to assist with your case. I can also facilitate arranging a bridging visa for you to leave - this should enable a smooth exit at the airport. If you do go offshore and the application is made from there you may expect to be overseas for about 9-12 months - assuming the Partner visa is granted. You need to be taking the long term view here - what is for the ultimate best - and this is the best solution.

In terms of seeking employer sponsorship (Subclass 457), again Schedule 3 criteria will apply to this visa subclass - and most likely the case will fail. It is possible to make an offshore Subclass 457 visa application, however an offshore Partner visa is more beneficial as it is a clearer pathway to permanent residency.

Thank you for using Ask an Agent. If you need further services from myself or a registered migration agent, please contact Amy at or visit - and don't forget to mention your Question ID so that I can keep providing immigration services to you.

Migration Agent