Disclaimer: This article is for information only and not advice. The information here may or may not be relevant to your situation. For personalised advice on your individual immigration matter, please consult an experienced immigration lawyer. Moreover, this article does not guarantee an outcome in your application. You may also check the website of the Department of Home Affairs for updates.
Visa overstayers in Australia are people who stay in the country after their visa has expired or who breach their visa conditions. Visa overstaying means staying in a country beyond the period authorised by a visa. There are many reasons why someone might overstay their visa:
- They can’t find a job or sponsorship to extend their visa.
- Fear of going back to their home country.
This article will cover everything about visa overstayers in Australia. We will also look at the legal implications, consequences, and options available to people in this situation.
Visa Overstayers in Australia: What You Need To Know
Visa overstaying in Australia can result in detention, deportation, and a ban from re-entering the country. Remember, each temporary visa has a specific validity date. This is found on the visa grant letter.
You overstay your visa when you stay in Australia beyond the specified date and you don’t have a substantive visa or a bridging visa E. The bridging visa E application gives a visa overstayer time to leave the country legally or to wait for another visa. If the DHA refuses the grant of a visa or cancels a visa, the applicant can only apply for another visa if it’s:
- Protection visa;
- Temporary visa to holiday, work, or study (if you’re a New Zealand citizen or a person on certain classes of partner or child visa).
What Are Your Options?
It’s important to know the rules and options available to you if you find yourself in this situation. Here’s what you need to know:
1. Consequences of Overstaying
If you overstay your Australian visa for less than 28 days, you may be detained, deported, or banned from re-entering. If you overstay your Australian visa for more than 28 days, you may be subject to an exclusion period. This means the DHA may not grant your future visa application for at least 3 years.
Overstaying a visa is a breach of the law and visa holders should not take it lightly. Moreover, DHA may bill you for the cost of removing you from Australia
2. Notify the Department of Home Affairs
If you overstay your Australian visa by mistake, you must inform the Australian government, especially the Department of Home Affairs (DHA). Many visa holders are scared to notify the Department, but in reality it’s very important to do so.
3. Get Legal Help
You should get legal help from a registered migration agent or lawyers who specialise in migration matters like visa overstayers in Australia. Lawyers can advise you on the best option available to you based on your individual circumstances and guide you through the legal process.
4. Self-Departure
Another option for visa overstayers is to self-depart Australia. Self-departure can avoid detention and deportation
5. Visa Options
In some cases visa overstayers may be eligible for other visa options to stay in Australia legally. This may include applying for another type of valid visa, such as a protection visa or a dependent child visa. Eligibility for other visas will depend on individual circumstances and you should discuss it with migration lawyers for proper guidance.
6. Penalties for Overstaying a Student Visa
There are also penalties for student visa overstayers in Australia. Overstaying a student visa can result in penalties including fines, detention, and/or deportation. You must comply with the conditions of your student visa and seek legal advice if you have overstayed.
7. Consequences and Banned
Overstaying an Australian visa can result in serious consequences, including detention, deportation, and banned from re-entering Australia for at least 3 years. These measures are to ensure compliance with the law and the integrity of the visa system.
How Do I Check My Visa?
To check your Australian visa status, you can use the Visa Entitlement Verification Online (VEVO) system. This will help you avoid being a visa overstayer in Australia. Here’s how to check your visa details and conditions:
1. Go to the VEVO website.
2. On the VEVO website you will need to provide:
- Date of birth
- Passport details
- Visa Grant Number or Transaction Reference Number (TRN)
3. Click on the “Submit” or “Check” button to retrieve your visa details and conditions.
Or you can download the myVEVO mobile app which is free. The app allows you to check your Australian visa work rights, study rights, travel conditions and expiry date. You will need the same information above to access your visa details through the app.
The Department also has a service that allows people who have overstayed their visas to re-engage and resolve their immigration status instead of being deported. The Department will grant you a bridging visa to allow you to stay in Australia temporarily until it’s resolved.
Visa Overstayers in Australia: Case Example
Let’s use a case example from SBS News from June 2018. Ramesh (not his real name), a 28-year-old Malaysian man, had been in Australia illegally for 1 year in 2018. He overstayed his tourist visa and was too afraid to leave his house, even to go to work. He was worried about being caught by the police and deported.
Ramesh came to Australia with a working visa promise from a family friend, but the visa never eventuated. He tried to extend his tourist visa but was unsuccessful. So he now works in car detailing and other odd jobs but gets paid cash in hand. He does this so his boss doesn’t know he is in Australia illegally.
Ramesh was planning to go back to Malaysia in late 2018 but was waiting until he settled his debts and paid off the money he owes for the visa he never received. He was afraid of being caught at the airport when he tried to leave. So he planned to go to the Malaysian embassy and hand himself over to immigration authorities.
Ramesh said he’s learned his lesson and would advise others to avoid his situation. He suggests getting information from officials before making any decisions to move to Australia.
Need To Stay in Australia Longer?
In Ramesh’s case, he could have avoided all the stress and uncertainty if he had sought legal advice before he overstayed his visa. A migration lawyer could have explained the visa requirements to him and helped him apply for the right visa. They could have also advised him on his options if he couldn’t get a visa.
Do you need to stay longer? What if your current visa expires and you’re not prepared for it? If these sound like you, you should seek legal advice. We at JB Solicitors can help you understand the risks and develop a plan to protect your rights. Here are some of the benefits of seeking legal advice about overstaying a visa. You will have:
- Know your legal options and rights
- Other visa options like protection visa or Australian partner visas
- Don’t make any decisions that will put your immigration status at risk.
- Get help with your Australian visa application or other immigration relief
- Someone to represent you if you are a subject of an immigration enforcement action.
- Legal options if your visa is about to expire.
Contact us today to learn more about visa overstayers in Australia and how to avoid being in their situation.
Last updated: 08 January 2025
