What To Do If You Have Overstayed Australian Visa
What To Do If You Have Overstayed Australian Visa?
Every day, many people overstay their Australian Visa. They are all types of people, on all types of visa, for all types of reasons.So first of all, please know that you are not alone, and you do not need to panic.
We have dealt with cases where people have accidently have overstayed Australian visa by a few days, and others a number of years. Sometimes people just have so much fun on a year-long visa, they forget to renew, or reapply from offshore. Others are in difficult situations where they have become extremely ill and are unable to extend their visa or notify immigration that they cannot leave the country. Whatever your reason for overstaying and whatever length of time you have overstayed, we have come across it before.
First Thing First. This Is What You Need To Do.
The key thing is not to panic and not to reapply for a visa while you are still in Australia. If you have overstayed your visa for less than 28 days and want to leave Australia, that is great news!
All you need to do before the 28 days are up, is to call Immigration’s Status Resolution Centre and tell them that you have overstayed and are making arrangements to leave. They will then provide you with a 28 day Bridging visa. You are then lawfully in the country again and can leave without a blemish on your record.
What If I Overstayed For Less Than 28 Days?
If you have overstayed Australian visa for less than 28 days and want to remain in Australia due to some reasons, you will also need to call Immigration’s Status Resolution Centre and tell them that you have overstayed and are applying for another visa. They will then provide you with a 28 day Bridging visa.You will be lawful in the country again for those 28 days.
If you plan to apply for another substantive visa, your application must be submitted by the time the 28 days are up, so you can receive another bridging visa until your visa is granted or rejected. If not, you must leave Australia.
If you are in Australia illegally and the Department receives a new application for another visa from you, it will be rejected and you will be subject to a 3 year ban from Australia.
What If I Overstayed For More Than 28 Days?
If you have overstayed over 28 days since your visa expiry date, your options become more limited. If you want to leave Australia, you can do so.
You will not be arrested at the airport, even if you have overstayed by a number of years. Immigration will want you to leave the country, they will not hold you in the airport or in prison at all. They may ask you some questions, but usually they tell you you have overstayed and are now banned from Australia for 3 years.
They will not arrest you unless you are wanted by the police for committing a crime, such as selling drugs, or something similar.
If you want to remain in Australia, you will need to have exceptional circumstances, so they will allow you to stay. Exceptional circumstances would be something like you and your Australian/ Permanent Resident partner have young children together in Australia; or you would be in danger if you were to return to your home country.
If you don’t want to stay in the country illegally, but don’t have exceptional circumstances, then unfortunately your only option is to notify Immigration, get the 28 days Bridging visa and to leave Australia before those 28 days are up. You will then be subject to a 3 year ban before you can apply for another visa.
Further information about visa options please contact us here.
Is There Any Impact For My Future Visa Application?
Yes it is. For anyone who has overstayed and would like to stay, or those who are coming to the end of their three year ban and would like to return to Australia, it will be much harder for you to be granted any kind of visa again in the future. The Department has recorded that you broke the terms of your previous visa. Let’s say you have a 3 year reentry ban, then you’d like to apply for a visa. This visa application might have a high chance of refusal. Be mindful of the fact that you have overstayed Australian visa. You should not attempt an application without the support of an experienced registered migration agent.
ONE derland Consulting has extensive experience in overstay cases and will be able to tell you what options are open to you for your circumstances. Our Migration Agent will reassure you that your situation does not seem so hopeless and will set out an action plan for you to move forward with. It is very important, particularly in overstay situations, that you speak to a migration agent that is experienced in overstay cases.