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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45938
Experience:  24 years experience. Admitted in New South Wales and the UK.
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I am at the end of a lengthy application process of an Australian

Customer Question

I am at the end of a lengthy application process of an Australian Skilled visa.
One of the very last questions asks if I have ever overstayed my visa.
Whilst on a working holiday visa in Australia in 2000, I left for 2 weeks, in order to renew my boyfriends visa.
Whilst on the trip, my bank account was completely cleared (theft) of all of my savings. Once re entering Australia, I was informed about the theft and so, as I did not have the funds or work visas to use on the ticket's onward itinerary, I contacted the travel agent, who told me that if I left Australia, on the itineraries first flight to New Zealand and back for a few hours, I wouldn't be allowed to work in Australia again to save for the next part of the itinerary, as a year had past from date of issue.
Instead, I stayed, worked, bought a new ticket and was informed that I could add the time spent on the 2 week trip at the back of my visa ( anything up to 6 month). I booked a date a couple of days past my initial visa exit date, but well within the 2 week allowance.
When I arrived at the airport customs the lady asked why I was just over the date of expiry and on explaining why, the lady told me that that rule no longer existed. I complained that if rules change, then we should be informed! She was understanding to this and seemed to let me through as normal, just stamped my visa with "visa inoperative" no dates, or further stamps.... I have just seen though that the rule hadn't changed whilst I was there, I was just misinformed.
So now don't know what I ought to tick, I don't know if this is recorded. If it isn't and I give details, will it be now and so cause me future problems?
I have since been on holiday, both there and elsewhere , gaining visas with no problem.
I would appreciate your thoughts.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.You tick Yes and you explain what happened as you did to me. Also you copy your passport with the stamps etc and provide all of this to the department. If you do this then you should have the problem. If you do not disclose it then they will take your silence as a lie and you visa will not be granted. I hope this makes sense and is of assistance. if there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon