Are you currently staying temporarily in Australia? What visa do you hold now?

If you are an Australian temporary migrant, you should be aware of your visa’s expiry date. You have to leave Australia before your visa expires or else you will be in trouble.

What are the consequences of overstaying an Australian visa? And what should you do if you accidentally overstayed your Australian visa?

If you are still in Australia while your visa has expired already, it means you have overstayed your Australian visa. It would be best if you never underestimated an overstaying visa case as it is a violation of the law. And it would be best if you processed your overstay visa case as soon as possible because the longer you overstay your visa, the worse the situation gets.

If you accidentally overstay your Australian visa, the first thing that you must do is inform the Department. Many visa holders are afraid to notify the Department regarding their overstayed visa case because they think the Department will put them to detention. Well, actually, the Department will not arrest you when you inform them of your case.

Once you inform the Department, you will be referred to a Bridging Visa E application. By holding a Bridging Visa E, you can stay in Australia legally while preparing for your departure or arranging another Australian visa application.

Generally, if you are caught overstaying your Australian visa, you will face detention, deportation, or re-entry bans. But, you will encounter different impacts if you have overstayed your Australian visa for less or more than 28 days. Here are the consequences:

Overstaying Australian visa less than 28 days

If you overstay your Australian visa less than 28 days and you have an Australian partner, you may be able to apply for an Australian visa to remain there legally. But, you need to provide the evidence to support your eligibility for an Australian partner visa. It is better to seek legal advice from a registered migration agent to help you.

And if you are willing to sort your visa status, you can consider applying for a bridging visa. With the bridging visa, you can stay legally in Australia and arrange your departure to your home country or prepare for another Australian visa application.

Overstaying Australian visa more than 28 days

If you overstay your Australian visa for more than 28 days, the situation will be worse for you. It will lead you to an exclusion period once you apply for another Australian visa. It means your future visa application will not be granted for a minimum of three years. The situation is applicable even if you left Australia voluntarily.

You also need to pay any debts that you own to the Australian Government for detaining and removing you from the country. If you do not pay it, your future Australian visa application will not be granted.

Even though you have overstayed your Australian visa, you still have a chance to apply for an Australian visa with a Schedule 3 Criteria. Never heard about Schedule 3 Criteria? We will explain it to you.

Schedule 3 Criteria will allow visa holders who have overstayed their Australian visa to apply for another Australian visa on compassionate or compelling grounds in Australia. But, with the Schedule 3 Criteria, you have to meet additional requirements before applying for an Australian visa. You must meet the extra requirements below when you make a visa application within 28 days after your substantive visa ceased.

1. You do not hold a substantive visa because of any situations beyond your control;
2. You have compelling reasons to support your visa application;
3. You have complied any conditions of your previous visa;
4. You have an intention to compile any conditions of your future visa once it is granted;
5. You will be granted a visa if you had applied for a visa on the last day you held a substantive visa;
6. Your previous visa is not subject to 8503 – No Further Stay condition.

If you could not meet all the requirements above, you can apply for a Schedule 3 Waiver, but you must have a strong case with supporting letters and evidence. If it sounds complicated for you, it is better to have help from a registered migration agent to find the best way to handle your case.

You still have some visa options even though you have overstayed your Australian visa. However, the options left are limited. It would help if you also had compelling reasons to support your visa application. So, what are the options?

• If you are outside Australia
  • If you have left Australia after overstaying your Australian visa, you can apply for Australian permanent visas. These permanent visas include permanent partner visas and permanent working visas.
• If you are in Australia
  • If you are in Australia after overstaying your Australian visa, you can only apply for a partner visa onshore. With the partner visa application, you must provide compelling reasons to support your application.

Read more: How To Appeal Australian Visa Overstay And Refusal