Overstayed Australian Visa: What Are Your Options?

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

Overstaying an Australian visa is a serious matter, regulated under the Migration Act 1958 and the Migration Regulations 1994. When you apply for an Australian visa, you agree to comply with all your visa conditions, including the requirement to leave Australia before your visa expires. However, if you remain in Australia after your visa expires, you will become an unlawful non-citizen, a situation with potential consequences such as detention, deportation, and a ban from entering or applying for any Australian visas for at least three years. If you find yourself in this situation, it’s crucial to understand your options and take steps to rectify your status.

Here’s what to do if you overstayed your Australian visa:

1. Contact Status Resolution Support Services (SRRS) and arrange a Bridging Visa E.
2. Apply for a Bridging Visa E and prepare for your departure; or
3. Apply for an onshore Partner Visa (if you’re married or in a de facto relationship with a citizen or permanent resident), 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 provide invaluable assistance in navigating the complexities of your situation and devising the best plan tailored to your needs. Remember, you don’t have to face this alone. Our team is here to help you every step of the way.

Option 1: Contact 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 organisations, 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 is a supportive resource that can help you navigate the complexities of your situation.

To fix your status, you can contact Life Without Barriers (LWB) or Settlement Services International (SSI). Both are available on weekdays from 9 AM to 5 PM AEST. SSI is available in New South Wales, the Australian Capital Territory, Victoria, Tasmania, Queensland and the Northern Territory. Here are their contact details:

• Life without Barriers
  • Phone: 1800 935 483
  • Email: NISS_SRSS_Intake@lwb.org.au
• Settlement Services International:
  • Phone: 1800 279 586
  • Email: srss.intake@ssi.org.au

This service will provide you with the opportunity to resolve your unlawful non-citizen status correctly through the Immigration Process.

You don’t want to continue to remain an “unlawful non-citizen,” as this can cause you more serious problems. The longer you remain in this status, the greater the 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.

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 E and prepare for your departure

The next option you may consider after overstaying your Australian visa is applying for a 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.

Read more: What Are the Consequences for Overstaying an Australian Visa? Is It True I Could Receive Permanent Ban?

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 overstaying 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, known as Schedule 3 Criteria. You must successfully meet the Schedule 3 Criteria to be granted an onshore Partner Visa after overstayed your Australian visa.

If you overstayed in Australia due to having your previous visa application refused or cancelled, you may face an additional condition known as the 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 a partner visa. However, there are regulations and restrictions to consider, so it is essential to double-check your eligibility.

You should check with a migration agent or refer to Schedule 3 and Section 48 of the Bar regulations. You would need to be in a genuine relationship and be able to meet the Schedule 3 regulations; for example, you would need to demonstrate that you became an unlawful citizen due to factors beyond your control.

This regulation can be waived if you have compelling circumstances that you can show. If you can apply for a Partner visa based on 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.

1. You must be sponsored by an eligible person (your partner);
2. 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 exclusion of all others;
3. You must meet the health and character requirements;
4. 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:

1. You and your partner must prove that you have been in a de facto relationship for 12 months before lodging your visa application;
2. You and your partner must be 18 years of age at the time your visa application is made;
3. You will need to be sponsored by an eligible person (sponsor);
4. You must prove that you and your partner are in a genuine relationship and have a mutual commitment to a shared life, to the exclusion of all others;
5. You must meet the health and character requirements;
6. You must not be related by family;
7. 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 assesses 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 financial and social commitments.

You must seek the professional advice of a registered migration agent. This will ensure that you can provide sufficient evidence to support your genuine relationship with your Australian partner, empowering you to make informed decisions for your situation.

DOWNLOAD THE SECRET OF A SUCCESSFUL PARTNER VISA E-BOOK

Can ONEderland Consulting Help Me?

We understand that migrating to Australia is undoubtedly a complex process, especially if you have overstayed your Australian visa. But our visa specialists at ONEderland Consulting will help you assess your visa options. We have a 98% success rate and are 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 team members are honest, accountable and professional. Contact us by email at visa@onederland.com.au, by phone at 1300 827 159, or via WhatsApp at +61494367258. Alternatively, you can book your consultation online. And remember, our services are backed by our 100% Money-Back Guarantee Program, which ensures that you receive a full refund if you’re not satisfied with our services.