What Options Available If Overstayed Australian Visa

Overstaying Australian Visa Expiry Date, What Are Your Options Now?

People overstay 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 and see no options in which they have to stay. Maybe it is because they are scared to return back to the life they had in their home country and feel more comfortable in Australia. It might be that they simply didn’t understand the limitations and conditions of their visa and are unaware that they have overstayed Australian visa.

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 options that are available to you.

It doesn’t automatically mean you have no options, but you should always report this to Immigration.

Here are some options available to you, if you have overstayed in Australia:

1. Overstayer Must Report to Status Resolution Support Services (SRSS)

This may not sound like an attractive course of action, especially if you’ve overstayed your visa for years now, but Immigration has implemented a service for this scenario, Status Resolution Support Services (SRSS).

Current service providers

The SRSS providers, as of December 2018, are:

• New South Wales
  • Settlement Services International (SSI) (Street address (head office): 2/158 Liverpool Road, Ashfield; Phone number: (02) 8799 6700)
  • Life without Barriers (Street address: Suite 1, Level 1, 81 Railway Street, Rockdale; Phone number: (02) 9508 4000)
• Victoria
  • AMES Australia (Street address: 255 William St, Melbourne; Phone number: 13 2637)
  • Life without Barriers (Street address: Level 3, 554 Church Street, Richmond; Phone number: (03) 8480 9600)
• Queensland
  • Access Community Services (Street address: 92 Wembley Rd, Logan Central; Phone number: (07) 3412 8222)
  • Multicultural Development Association (MDA) (Street address: 28 Dibley Street, Woolloongabba; Phone number: (07) 3337 5400)
• South Australia
  • Life without Barriers: (Street address: 63 Commercial Road, Salisbury; Phone number: 08 8259 3600)
• Tasmania
  • CatholicCare Tasmania (Street address: 35 Tower Road, New Town; Phone number: (03) 6278 1660)
    Western Australia
• Western Australia
  • Mercycare (Street address: 38 Ord Street, West Perth; Phone number: (08) 9442 3444)
• Northern Territory
  • Australian Red Cross (Street address: Level 1, 13 Scaturchio St, Casuarina; Phone number: (08) 8924 3960)
• Australian Capital Territory
  • Life without Barriers

This service will give you the opportunity to resolve your unlawful non-citizen status the right way, through Immigration.

In this scenario, the department won’t detain you, as you are working toward a resolution on
the matter.

You don’t want to end up continuing to remain an “unlawful non-citizen,” as this can cause you more serious problems down the road.

For instance, if you choose to continue being an unlawful citizen or ilegal and do not try to work with Immigration you have a greater risk of being detained and removed from Australia and you may need to pay for the costs of your deportation to the Australian Government but this doesn’t have to be the outcome.

If you contact Immigration within the 28 days grace period of your visa expiry, you may have more options available to you than if you overstay your welcome for more than the 28 days.

2. What Happens If you Overstayed Before The 28 Days Grace Period Is Over?

Before the 28 days grace period is over is it still possible for you to stay in Australia if you have a relationship with Australian Citizen or PR and you are able to satisfy certain other criteria?

You must get in contact with the Community Status Resolution Service who helps with these immigration matters before the end of the grace period. In this case you will still have a chance to extend or apply for a bridging visa while an application for another visa is in process.

Depending on the visa you have overstayed will determine the category of bridging visa you need:

• If you have overstayed a Visitor Visa – it might be that you are applying for a student visa or a partner visa which is in process but you have overstayed your Visitor visa than it is possible to get a bridging visa in the meantime;
• If you have overstayed a Student Visa – if you are still within the grace period you can try to apply for a further student visa or a graduate visa.

3. What Happens If You Overstayed After The 28 Days Grace Period Is Over?

After the end of the 28 day grace period if you have remained in Australia illegally then the situation becomes a lot more serious and complicated. You must report your overstay to the department and leave the country if you do not report first and attempt to leave then you may be detained.

If you need extra time to get arrangements in order then you may and try to apply for a bridging visa E to stay but only for a short time.

At this point you will be subjected to an exclusion period meaning that you will be banned from obtaining a visa or travelling to Australia for a minimum of 3 years.

When this exclusion period has ended you will have to repay all debts to the Australian Government that resulted in your removal from the country whether that be the cost of detention or for the flight out of the country.

This will apply even if you left Australia voluntarily. There are still options available to you if you have overstayed past the grace period but it is advised you seek legal advice if you find yourself in this situation.

Learn more about overstaying your visa here.