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want to go back Australia

edited June 2014 in - India
I have returned from Australia on July 2011 on Bridging Visa B but I overstayed in India and now I want go back to Australia, is it possible?


  • edited June 2014
    A bridging visa allows you to remain and sometimes to travel while you wait for your Australian substantive visa to be processed. As you left Australia and have remained in India for three years your visa application would have been declined and the bridging visa will have expired.

    You need to make a fresh application to the Australian High Commission who will make a decision as to whether or not you can enter Australia
  • Thanks Alethia
  • I alethia I was just wondering I have a criminal conviction in australia I have received 3 years good behavior bond but thing is my wife and new born baby there they are both australian citizen so question is how many chances I can have granted partner visa offshore pls help me
  • edited June 2014
    You have no option but to apply for a partner visa and divulge your criminal record. Why did you leave Australia? Were you banned? That could make matters worse. 

    If you were not banned why did you not apply to remain in  Australia with your wife.
  • edited June 2014
    Because I had applied partner visa before with different partner but after year she withdrawal her sponsership than I applied appeal in mrt based on family violence visa but I got refused too afterwood I have applied challenge the decision and got refused there too after few months I got call from immigration I went there and they detain me because of my record they send to me notice to intention to cancellation my brigin visa which they never cancelled it my partner confirm from foi though she confirmed from immi too if I was banned to apply partner permanent visa they clarified answer was no I can apply. I have applied already I have migration lawyer who going to help me but things is I don't know if I get success to get a visa though if not how I can do without my partner and new born baby she come my home country to visit me but she can't stay here too long coz she has 2 kids from previous realtionship I never Been to prison got suspended sentence will this help just pls help me any way to share your experience or anyone who reading this just pls help me if they have same circumstance like I am in so I can get back to my family and start new life I am just 24 year old I need to get back on my life pls help overall I couldn't apply in australia because I already applied partner visa before so I requested to minister to use his power to grant me a permission to lodge partner visa onshore but that's was declined so I signed to come back voluntarily.
  • edited June 2014
    I too am an immigration lawyer and while it may take some time I believe you stand a good chance of being granted a visa.

    You appear to have strong compassionate circumstances. You are the parent of three children your own child and two step children. The bests interests of all three children (who are Australian citizens) must be considered under the Convention on the Rights of the Child, the interests of the children is a primary consideration.

    These compassionate circumstances if ignored would result in irreparable harm and continuing hardship to an Australian citizen. In other words the authorities must considered the impact your continued separation would have on your wife and children.

    You cannot compare your situation with any one else, as each case is different with its own facts.  As you have an immigration lawyer they should be aware of all case law relating to your matter.

    For my information what country are you from?

  • India
  • But scare me I have criminal record and suspended sentence in Indecent assault I already faced so much problem as it is I wanna just prove I am not same person anymore I just became a dad now I have a lot of responsibility I don't know how I can convince them seems to be so hard but your previous reply bring smile on my face I thought I can teach my kids now what mistake I made they don't make one thanks
  • edited September 2015
    I am stuck in Thailand with my two Australian citizen children (infants) and stepson and wife until 309/100 is granted. I need to work this return to Australia, one of my sons needs to see his doctor regularly for chronic illness which I showed bkk embassy. I applied to have visa expedited based on convention and compassionate grounds. They refused based on fairness. How can I and my too sons be expected to seperate from my wife, their mother and brother. How can we be forced to live on financial hardship for a year on Thailand doing visa runs. The Australian trip advisory states this place is dangerous and volatile. Is there anything that can be done to make the immigration understand this is not in the children's best interest and my son needs good medical treatment. And I need to work to provide, splitting up would be to stressful for all of us and I would not be able to work anyway. I would be happy to email the letters o sent and replies I received.
    Thank you for any advise.
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