Overstaying Australian Visa Expiry Date, What Are Your Options Now?
People overstay their Australian visa for a number of reasons, whether it is because they want to stay in the country because they have family, friends, a relationship, or just a life in general, but see no options in which they have to stay. Maybe it is because they are scared to return to the life they had in their home country and feel more comfortable in Australia. It might be that they didn’t understand the limitations and conditions of their visa and were unaware that they had overstayed their Australian visas.
I know it can be a seriously stressful situation after you’ve overstayed your Australian visa, but breathe deeply, and let’s go through some of the available options.
It’s important to remember that overstaying your Australian visa doesn’t automatically mean you have no options. There are avenues to explore, and the first step is to report your situation to Immigration. This can be a relief, knowing that there are steps you can take to resolve your status.
You may still have some options available to you if you have overstayed in Australia, such as:
- Reporting your immigration status to Status Resolution Support Services and arrange a Bridging Visa,
- Apply for a Bridging Visa and prepare for your departure or
- Apply for an onshore Partner Visa, but be prepared for the Schedule 3 Criteria.
If you’ve recently overstayed your Australian Visa, it’s crucial to seek professional guidance. Our registered migration agent can help you navigate the complexities of your situation and discuss the best plan for you. Remember, you don’t have to face this alone.
Option 1: Report your immigration status to Status Resolution Support Services (SRSS)
While it may not sound like an attractive course of action, especially if you’ve overstayed your Australian visa for years, the SRSS is there to support you. This service, provided by various organizations, is designed to help you work towards resolving your status without the fear of immediate detention. You’re not alone in this process.
The SRSS providers, as of January 2024, are:
- New South Wales
- Victoria
- Queensland
- South Australia
- Tasmania
- Western Australia
- Northern Territory
- Australian Capital Territory
This service will give you the opportunity to resolve your unlawful non-citizen status the right way through Immigration.
You don’t want to continue to remain an “unlawful non-citizen,” as this can cause you more serious problems.
For instance, if you choose to continue being an unlawful citizen or illegal and do not try to work with Immigration, you have a greater risk of being detained and removed from Australia. You may need to pay for the costs of your deportation to the Australian Government, but this doesn’t have to be the outcome.
Option 2: Apply for a Bridging Visa and prepare for your departure
The next option you may consider after you overstayed an Australian visa is applying for a Bridging Visa. Generally, you can apply for the Bridging Visa E to prepare for your departure to your home country. Once approved, it usually provides a lawful stay until your scheduled flight date, allowing you to plan your future steps.
Note that once you have to leave Australia after overstaying your Australian visa, you will be subject to a 3-year ban from entering Australia. You may also not be granted visas until you finalise the debt to the Australian Government for returning you to your home country.
Otherwise, the Bridging Visa may give you extra time to explore the available visa options for you to stay onshore. However, the visa options after overstaying an Australian visa will be limited. In minimal circumstances, you may be eligible for an onshore Partner Visa, which we will explain below.
Option 3: Apply for an onshore Partner Visa, but be prepared for the Schedule 3 Criteria
You can only apply for an onshore Partner Visa after overstayed your Australian visa if you’re married or in a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Additionally, you must have compelling and compassionate reasons to apply for and be granted an onshore Partner Visa.
You will also face additional criteria called Schedule 3 Criteria. You must successfully meet the Schedule 3 Criteria to be granted an onshore Partner Visa after overstayed your Australian visa.
Additionally, suppose you overstayed in Australia due to having your previous visa application refused or cancelled. In that case, you may face an additional condition called Section 48 Bar. Section 48 of the Migration Act limits any further visa applications by a person whose visa application has been rejected or whose actual visa has been cancelled. However, there are exceptions, and you may still be eligible to apply.
Read more: Ultimate Guide to Winning Partner Visa Schedule 3 Criteria
I overstayed an Australian visa and got married in Australia. Is that possible?
As mentioned above, if you are in a long-term relationship with an Australian citizen, you may be eligible to apply for the partner visa, but there may be some regulations and restrictions to look at so you can double-check your eligibility.
You should check with a migration agent or read Schedule 3 and Section 48 Bar regulations. You would need to be in a genuine relationship and be able to meet the Schedule 3 regulations; for example, be able to show that you became an unlawful citizen because of factors beyond your control.
This regulation can be waived if you have compelling circumstances you can show. If you are able to apply for a Partner visa on the basis of marriage, you will need to meet these specific requirements as well:
To be eligible to apply for a Partner visa when you have overstayed your Australian visa, you need to be in a de facto relationship or married to your partner at the time you apply for the visa.
- You must be sponsored by an eligible person (your partner);
- You must prove that your relationship is genuine and that you both have a mutual commitment to a shared life together as husband and wife to the exclusions of all others;
- You must meet the health and character requirements;
- You must show that you and your partner are living together; if not, you must show that your separation is only temporary.
But if you aim to apply for a Partner visa as a de facto partner, you will need to meet the following specific requirements:
- You and your partner must prove that you have been in the de facto relationship for 12 months prior to lodging your visa application;
- You and your partner must be 18 years of age at the time your visa application is made;
- You will need to be sponsored by an eligible person (sponsor);
- You must prove that you and your partner are in a genuine relationship and have a mutual commitment to a shared life to the exclusions of all others;
- You must meet the health and character requirements;
- You must not be related by family;
- You must prove that you and your partner are living together. If not, you must show that your separation is only temporary.
You need to remember that when the Department is assessing your Partner visa application, they are looking at whether you and your partner have been living together for a long time and if there is evidence that you and your partner share financials and social commitments.
You must seek the professional advice of a registered migration agent. This will ensure that you can provide enough evidence to support your genuine relationship with your Australian Partner, empowering you to make the best decisions for your situation.
DOWNLOAD THE SECRET OF A SUCCESSFUL PARTNER VISA E-BOOK
Who Can Help Me With My Overstay Case?
We understand that migrating to Australia is undoubtedly very complex, especially if you had overstayed your Australian visa. But our visa specialists at ONE derland Consulting will help you assess your visa options. We have a 98% success rate and one of the most highly recommended migration agents in Australia. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and contact us. Our professional and honest migration agents speak various languages, such as Mandarin/ Chinese, Bahasa Indonesian, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, which is 100% refundable if you become our client.
