Sometimes circumstances arise where a person becomes unlawful, either overstaying a visa or due to a cancellation. In many cases these people do not realise they are unlawful for sometime, even years. If a person in these circumstances is in a genuine relationship with an Australian Citizen or permanent residence holder, they still maybe able to stay and live together with their partner.
Partner visa law permits applicants in special compelling or compassionate circumstances to make use of the partner visa process. We have recently obtained visas for partners who had man years unlawful stay in Australia. It is a case-by-case situation and the law is applied differently to different situations.
But the main message is don’t give up on your chances of living in Australia if you have a family member in Australia. Seek advice from an experienced and qualified professional who can help you through this process.