What Are the Consequences for Overstaying an Australian Visa? Is It True I Could Receive Permanent Ban?
What Are the Consequences for Overstaying an Australian Visa? Is It True I Could Receive Permanent Ban?
There are consequences for overstaying an Australian visa.
Overstaying an Australian Visa means to remain in Australia after your Australian Visa has expired.
Some of the consequences for overstaying an Australian visa is being deported and banned from applying for any Australian visa or re-entering Australia for 3 years.
‘Overstay’ is a word that I’ve come to know very well over the last 10 years as a registered migration agent. In fact, clients in an overstay situation have become a substantial part of our client community here in Australia.
You might find it surprising to read me saying this but I can assure you it’s true but, more importantly, many of our clients are now settled in Australia despite previously overstaying their visa.
So, if you have overstayed your visa there’s a good chance that there’ll be a solution to your situation but make no mistake, there are consequences if you overstay and do nothing about it. Overstaying an Australian Visa is where you remain in Australia after your visa has expired. If that is your status then you are considered to be an unlawful non-citizen.
It would be a terrible position to be in if you get banned for 3 years especially if you have family in Australia, an Australian Partner, or you want to continue your studies in Australia.
It would mean you would have to defer your studies for 3 years or continue your study elsewhere.
There is also no guarantee that after the 3-year ban has ceased that you will be approved for another visa.
Your visa history is taken into account when applying for an Australian visa, and if you have breached the conditions of your visa or overstayed your visa the risk of refusal is very high.
There are a number of reasons why a person might overstay an Australian visa.
Perhaps you just simply forget what date your visa expires, perhaps you do not want to leave and so chose to just stay without extending your current visa or reapplying for a new one.
Whatever the reason, it is important that you abide by your visa conditions and never overstay your visa expiry date.
Why You Shouldn’t Overstay Your Australian Visa?
The laws regarding overstaying are stated on Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). When you apply for a visa to travel to Australia, you agree to comply with all the terms of that visa, including the condition that they leave Australia before the visa expires.
By breaching visa conditions, you will also break the immigration laws of Australia. Therefore, if you stay in Australia after the expiry of your visa, you may be deemed an illegal non-citizen. An undocumented non-citizen may be arrested, removed from Australia and the worst case you might be ban from re-entering Australia for a minimum period of three years.
Overstaying a Visa by less than 28 days
If you have overstayed Australian visa for less than 28 days and want to remain in Australia due to your own reasons, I would advise you need to call Immigration’s Status Resolution Centre and tell them that you have overstayed and are applying for another visa. They will then provide you with a 28 day Bridging visa.You will be lawful in the country again for those 28 days.
Overstaying a Visa by more than 28 days
If you have overstayed over 28 days since your visa expiry date, your options become limited. Any potential application for an Australian visa will be subject to an exclusion period. This ensures that you will not be given a visa to fly to or remain in Australia for at least three years.
Have you overstayed your visa? Book a consultation now to discuss you options.
So what should you do if you want to avoid the consequences of overstaying an Australian Visa?
It is important that you take action immediately.
The longer you leave it, the worse it looks to the Department of Immigration and Border Protection and the worse the consequences will be.
The Department of Immigration and Border protection will grant you a BVE (Bridging visa E) or 28 days of leniency to make arrangements to leave Australia.
If you are wanting to apply for another visa, or extend your visa you must do so from offshore only.
However, due to overstaying an Australian visa, the risk of refusal is very high.
If you have overstayed your visa and you wish to apply for a new visa, it is recommended that you seek the advice of a registered migration agent.
Thinking about staying by applying for a partner visa read more