What Options Available if Overstayed Australian Visa
Overstaying Australian Visa Expiry Date, What Are Your Options Now?
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 options you may have. It doesn’t have to be that you automatically have no options, but you should always report this to Immigration.
I know this doesn’t sound like a good idea, especially if you’ve overstayed your visa for years now, but Immigration has implemented a service, Status Resolution Support Services (SRSS).
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 on a resolution toward the matter.
You don’t want to end up continuing to remain an “unlawful non-citizen,” as this can cause you problems down the road.
For instance, if you choose to continue being an unlawful citizen 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 28 days.
Never fear though, the new service will still be offered to you if you have gone past this period.
You will, however, be required to show your passport or identity documents, your proof of residential address and if you are departing Australia, a copy of your departure ticket to Immigration.
That doesn’t sound that bad right?
Those are your options for reporting and what happens when you as an unlawful citizen do, or alternatively, if you don’t report it to Immigration, but what can you do when you plan to depart Australia? No one wants the ban, but it can happen under certain circumstances if you’re not careful.
If you are an “unlawful non-citizen” in Australia, meaning you are overstaying your Australian visa, you do have the option of applying for a Bridging visa whilst the Immigration Department finalizes your immigration matter, which would allow you to make the necessary arrangements for your departure or find out your eligibility to apply for a different visa onshore.
A Bridging visa can also be applied for allowing you to stay legally in Australia short term until your immigration matter is finalised.
So if I want to apply for a visa onshore after I’ve overstayed, what are my options?
Your visa options for Australia all depend on whether or not you have been refused a further visa since your arrival in Australia and the amount of time you have overstayed your visa illegally.
You may only be able to apply for a Partner visa on-shore or other visas if you have compelling reasons, as you may be subject to 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 canceled but there are exceptions and you may still be eligible to apply. Please contact a registered migration agent to go over all of this with you.
Okay, I’m in a relationship with an Australian citizen and wish to apply for the partner visa after overstaying Australian visa, what requirements are there?
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 to double-check your eligibility. You should check with a migration agent or read up on the regulations for Schedule 3. You would need to be in a genuine relationship and be able to meet the schedule 3 regulations, for example, can 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, you need to be in a de facto relationship or married to your partner at the time you apply for the visa.
- You will need to be sponsored by an eligible person (your partner)
- You will need to 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
- Meet the health and character requirements
- You will need to show that you and your partner are living together, if not at the moment you will need to show that your separation is only temporary
If you are able to apply for a Partner visa as a de facto partner you will need to meet the following specific requirements:
- You and your partner will need to prove that you have been in the de facto relationship for 12 months prior to lodging your visa application
- You and your partner will need to 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 will need to 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 will need to meet the health and character requirements
- You may not be related by family
- You will need to prove that you and your partner are living together if not you will need to show that your separation is only temporary
You need to keep in mind that when the Department is assessing your Partner visa application they are looking at if you and your partner have been living together for a long time and evidence that you and your partner share financial and social commitments.
Who can help me with my overstay case?
Our professional fee for this initial consultation and assessment is between $150 – $250 – please note the purpose of this service is to discuss your visa options and your eligibility for each visa in Australia and the consequences involved in overstaying your Australian visa.
We will also assist you to make the right decision whether you should spend the time and money to proceed with the visa application onshore. There will be separate fees and charges, in order to assist you with the visa application.
However, we will deduct the initial consultation fee from our agent fee that we charge for providing you with comprehensive assistance for the visa application. Depending on the complexity of your case, our professional fees can vary.