Deported From Oz

[noodles75]

Really hoping someone can offer some advise re SV for soon-to-be TW.

Basically she was deported from Oz 4 years ago having entered illegally.

We have been together for over 2 years now (which we can prove) and will be getting married in LOS next month.

Are we go to have any chance of obtaining a UK SV?

Thanks in advance

[the scouser]

The success or otherwise is going to depend upon the circumstances of the application overall, but that your wife has previously been asked to leave Australia will not, per se, mean the application is refused.

Scouse.

[taxexile]

deported

asked to leave

sorry for being pedantic , but .... somehow being "deported" and being "asked to leave" sound very different.

the former implies an expulsion , and the latter implies only a request .

are the terms different , or is "asked to leave" a reflection of the united kingdoms new softening up of terminology so as not to cause hurt or offence to or not to make lawbreakers feel like .... er, lawbreakers.

[the scouser]

Your pedantry is well warranted as, at least in UK law, there is a distinction between being deported, removed, and asked to leave.

However, most lay immigration folk will, understandably, use the term "deported" for any one of the three foregoing options, but in this instance we just don't know the precise circumstances.

Scouse.

[david96]

In Australia the term deported generally means that a foreign citizen has been detained for illegally working or their visa has expired and they are illegal immigrants. They may be detained in a detention centre before removal from Australia.

A foreign citizen may be refused entry to Australia for a number of reasons,eg, no visa, insufficent funds and/or they are suspected that they may try to obtain work etc.

The question arises as to if she was (1) deported or (2) refused entry and for what reason.

A foreign citizen would not be "asked to leave" as this is just a polite term used by management,eg,

" Would you please leave these premises."

[Guest mascot]

I understand that people deported from oz can reapply after 3 years to re enter so unless she has a criminal record in oz apart from visa overstay or caught working it should not influence the UK decision. At least this is how it was before.

[Scott]

I don't know about Australia, but some countries do 'ask people to leave.' This is a voluntary situation which prevents them from having a formal deportation hearing. Of course, if you don't leave when your asked to then you are deported, which is done by some sort of court action. Once deported getting back in gets a little more difficult in most countries.

[harrry]

As I understand it if you buy your own ticket and leave when requested you are not deported as such however if you do not do this you are anad I understand it must be declared on all visa applications....ie even if a border visa is obtainable in another country you must pre apply for a visa.

THis may not be correct though

[NanLaew]

As I understand it if you buy your own ticket and leave when requested you are not deported as such however if you do not do this you are and I understand it must be declared on all visa applications....ie even if a border visa is obtainable in another country you must pre apply for a visa.

THis may not be correct though

Why would you declare a 'deportation' if a visa application procedure or border entry decalaration does not specifically ask for such information? Don't ask, don't tell would be the best policy here IMHO.

The only one I have seen that specifically asks for such a declaration up front is a US visa application and the (soon to be discontinued) I94-W 'visa-waiver' US Immigration entry card.

[noodles75]

Unfortunately, she was deported for Illegally Working.

The UK SV application does ask if the applicant has previously been deported from any country.

We're therefore going to tell the truth and hope that the overall application makes up for this (genuine 2yr relationship, met the family etc).

I'm assuming that she would be on some sort of Immigration Blacklist that the UK-Aus share....??

[jackspratt]

I don't know about Australia, but some countries do 'ask people to leave.' This is a voluntary situation which prevents them from having a formal deportation hearing. Of course, if you don't leave when your asked to then you are deported, which is done by some sort of court action. Once deported getting back in gets a little more difficult in most countries.

In my experience, Oz Immigration do not ask people to leave.

Rather (certainly in the past) they seem to take perverse pleasure in locking people up, before deporting them without the option of leaving under their own steam (which discretion, I understand, was/is always available to the Immigration nazis).

[cocopops]

Basically she was deported from Oz 4 years ago having entered illegally.

She actually entered illegally? In the same manner as the boat people that immigration went all nazi on entered illegally? Wow! That's a heck of a lot more industrious than just paddling across the Mekong...

Hopefully it won't count against you either way. Good luck with it all.

[Eff1n2ret]

Basically she was deported from Oz 4 years ago having entered illegally.

She actually entered illegally? In the same manner as the boat people that immigration went all nazi on entered illegally? Wow! That's a heck of a lot more industrious than just paddling across the Mekong...

Hopefully it won't count against you either way. Good luck with it all.

Illegal entry would include deceptive methods such as using a forged passport. Bangkok is world renowned as a centre for the supply of false documents.

[Old Croc]

The following is from the Australian Immigration web site:

Of interest to the OP - a three year exclusion period would have applied and any detention and/or removal costs would have to be repaid before another visa would be issued. The lady would not have been "deported".

Migration law requires that people who have overstayed their visa,

had their visa cancelled because they have breached their visa

conditions or who arrived unauthorised, must be detained and

removed from Australia as soon as practicable.

Many visa overstayers and people who have had their visas cancelled

depart Australia voluntarily, without any contact with DIMIA.

Others are located in the community by compliance officers or

approach the Department voluntarily. In 2004-05, DIMIA located

18,341 persons in breach of immigration law. These people require

an assisted departure, with a range of involvement from DIMIA

officers. This includes ‘monitored departures’, ‘supervised departures’,

‘removals’ and people who are subject to deportation orders.

A monitored departure occurs when an unlawful non-citizen

approaches a DIMIA office, or is located by immigration officials

and is granted a bridging visa to arrange their own departure. They

depart voluntarily without further compliance action.

A supervised departure occurs when unlawful non-citizens located

by immigration officials are prepared to leave at their own expense.

It generally involves a period of detention before the person is escorted

to the airport to ensure they depart.

A removal occurs from detention with the departure arrangements

being made by DIMIA and may be voluntary or involuntary. DIMIA

also meets the costs of removal and detention. The unlawful noncitizen

is given notice that they must repay the debt to the

Commonwealth before a visa can be granted to return to Australia.

People who are removed are also prevented from being granted a

further temporary visa to return to Australia for a period ranging

from one to three years. Removals also include those unauthorised

arrivals who applied unsuccessfully for a protection visa in Australia

and who have departed voluntarily with reintegration packages.

A criminal deportation is the deportation of a non-citizen who

commits an offence for which they are sentenced to imprisonment

for 12 months or more in their first 10 years of residence, who has

been found to constitute a threat to Australia’s security, or who has

been convicted of certain other serious offences. A person deported

under section 200 of the Act is prohibited from ever returning to

Australia.

Edited September 15, 2008 by Old Croc

[gburns57au]

A couple I know overstayed their visas and worked illegally...even got a TFN.....they were asked to leave by Immigration....within a time limit. If they failed to leave they would then be arrested and deported.

There is a 5 year restriction on entering Oz after breaching a visa.

[paully]

We're therefore going to tell the truth

I'm assuming that she would be on some sort of Immigration Blacklist that the UK-Aus share....??

Telling the truth is best Good luck.

If she was deported (as opposed to being asked to leave), was there not some sort of stamp put in her passport to that effect?

[cocopops]

Basically she was deported from Oz 4 years ago having entered illegally.

She actually entered illegally? In the same manner as the boat people that immigration went all nazi on entered illegally? Wow! That's a heck of a lot more industrious than just paddling across the Mekong...

Hopefully it won't count against you either way. Good luck with it all.

Illegal entry would include deceptive methods such as using a forged passport. Bangkok is world renowned as a centre for the supply of false documents.

Oh. Not quite as exciting I suppose. But I'm still quite impressed that she could pull it off.

[Old Croc]

Basically she was deported from Oz 4 years ago having entered illegally.

She actually entered illegally? In the same manner as the boat people that immigration went all nazi on entered illegally? Wow! That's a heck of a lot more industrious than just paddling across the Mekong...

Hopefully it won't count against you either way. Good luck with it all.

Illegal entry would include deceptive methods such as using a forged passport. Bangkok is world renowned as a centre for the supply of false documents.

Oh. Not quite as exciting I suppose. But I'm still quite impressed that she could pull it off.

Over the years many Thai girls have entered Australia on bogus travel documents organised by crime syndicates. They are brought in to work in the sex industry. It is part of the global trade in sex slavery. Bangkok (and Thai girls) are a major part of this criminal activity. The girls are usually just the commodity, not the organisers.

[Livinginexile]

Can you tell us what sort of illegal employment she was engaged in?

Shouldn't alarm bells be ringing my friend?