I'm just wondering if anyone has had an experience or knows of anyone that has applied for a Australian Partner Visa with a black mark in their passport. My partner is about to apply for an interdependancy visa, but has overstayed in the UK for 5 years. She left with out being questioned. What are the chances of them denying her visa application?? I've heard that the Character Requirement isn't really affected by an overstay. Your help would awesome. Thanks
I do not know of anyone in the same situation, but having watched a local TV show in Australia which shows what happens in the customs/immigrations area of Australian airports, I wouldn't count on getting in to Australia for something as major as overstaying 5 years in a country that Australia has close links with. One episode the other week had a guy who had a criminal conviction in Germany from many years ago and when he applied for a working holiday visa he said he didn't have any criminal convictions. He was granted the electronic visa online but then when he turned up they had obviously done some research and discovered the black mark in his past and he was denied entry despite the fact the incident happened many years ago.
If she had of overstayed by a week then that would be a different matter but 5 years!!! She is lucky she wasn't thrown in a cell when she tried to leave!
the UK government will not throw somebody into a cell for overstaying, especially when the person is already leaving the country from the airport. the UK's jail cells are already overcrowded, they dont need another prisoner to exhaust their resources and space....
blackmark in the passport? well that depends on whether she will apply for a new passport, and whether the blackmark will be visible in the new passport
[ Edit: Edited on 19-Nov-2009, at 19:27 by Jerrycrow ]
Jerrycrow, the "blackmark" is not a literal black mark, it is more a term for something in your past that is not perfectly clean and legal. A criminal record be it when you were 15 or when you are 90 would be considered a black mark, an overstay of 5 years is considered a serious black mark. It would remain with you forever electronically, so every time your used your passport and your details came up on the screen, it would mention an overstay of 5 years in the UK which would make any immigration staff think twice about letting a high risk person in. It's like if someone gets a criminal record for something in London, it doesn't go away from being a criminal record just because you relocate to Glasgow or just because you go and legally get your name changed, it will be transferred to the new name and new address regardless.
Cells are overcrowded in Australia too, but they have detention centres for people like that. Usually the people who try to enter by boat from Indonesia get sent to Christmas Island and processed. Some get deported and others get given refugee status and eventually become legal citizens of Australia. They have eleven similar places in the UK some of which are close to Heathrow, others near Gatwick airport and others in various other parts of the UK. There are also four short term holding facilities in Manchester, Dover, Harwich and Colnbrook.