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Overstayed Tourist Visa

Visa Granted

A couple with 2 children married in the 1980s. In 2000 the wife moved to Australia with the children whilst the husband remained overseas working. In 2001, the husband was finally able to join the family in Australia. He visited the family on a tourist visa but overstayed his visa and became unlawful. The relationship between the couple eventually broke down, and it was followed by a divorce.

In 2011, the couple met again at a family’s gathering, reunited and decided to  remarry Since the couple’s divorce, the Sponsor had been granted a Contributory Parent Visa which usually would bar her from sponsoring her partner on a partner visa. We were able to show to the  Department the family’s true situation and argue compelling circumstances to waive the legal limitation. The Applicant has been granted the temporary partner visa (subclass 820) and is currently waiting for a decision on the permanent visa (subclass 801). The family is living together in Australia.

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