Visa overstayers in Australia are individuals who stay in the country after their visa has expired or who violated the conditions of their visa. Visa overstaying refers to the act of remaining in a country beyond the authorised period granted by a visa. There are many reasons why someone might overstay their visa, such as:
- They may have been unable to find a job or sponsorship to extend their visa.
- They may have been afraid to return to their home country.
This article aims to provide a comprehensive guide about visa overstayers in Australia. We will also cover the legal implications, consequences, and potential options available to individuals in this situation.
Visa Overstayers in Australia: What You Need to Know
Visa overstaying in Australia can have serious consequences, including detention, deportation, and bans from re-entering the country. It is important to note that each temporary visa has a specific validity date. This is found on the visa grant letter.
You overstay your visa when you have remained in Australia past the specified date and you do not hold a substantive visa or a bridging visa E. The bridging visa E application grants a visa overstayer enough time to legally leave the country or to wait for a further visa. If a person has been refused a visa, or if their visa has been cancelled, they will only be able to apply for another visa if it is a:
- Protection visa; or
- Temporary visa to holiday, work or study (if they are a New Zealand citizen, or a person on certain classes of partner or child visa).
What Are Your Options?
It is important to understand the rules and potential options available if you find yourself in this situation. Here is what you need to know:
1. Consequences of Overstaying
If you overstay your Australian visa for less than 28 days, you may face detention, deportation, or re-entry bans. If you overstay your Australian visa for more than 28 days, you may be subject to an exclusion period. This means your future visa application will not be granted for a minimum of three years. Overstaying a visa is a violation of the law and should not be underestimated.
2. Informing the Department of Home Affairs
If you accidentally overstay your Australian visa, it is important to inform the Australian government, particularly the Department of Home Affairs (DHA). Many visa holders are afraid to notify the Department, but in reality, this is extremely important to do.
3. Seeking Legal Assistance
You should seek immediate legal assistance from a registered migration agent or lawyers who specialise in migration matters like visa overstayers in Australia. Legal professionals can provide guidance on the best course of action based on your individual circumstances and help navigate the complex legal processes involved
4. Voluntary Departure
One option for visa overstayers is to voluntarily depart Australia on their own accord. Voluntary departure can help avoid potential consequences such as detention and deportation
5. Exploring Visa Options
In some cases, visa overstayers may be eligible for alternative visa options that allow them to remain in Australia legally. This may include applying for a different type of valid visa, such as a protection visa or a dependent child visa. Eligibility for alternative visas will depend on individual circumstances and should be discussed with legal professionals
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. It is important to adhere to the conditions of your student visa and seek legal advice if you have overstayed.
7. Consequences and Bans
Overstaying an Australian visa can result in serious consequences, including detention, deportation, and bans from re-entering Australia for a minimum period of three years. These measures are taken to ensure compliance with immigration laws and maintain the integrity of the visa system.
How Can I Check My Visa Status?
To check the status of your Australian visa, you can use the Visa Entitlement Verification Online (VEVO) system. This way you can avoid being in cases like visa overstayers in Australia. Here are the steps to check your visa details and conditions:
1. Visit the VEVO website.
2. On the VEVO website, you will need to provide the following information:
- Date of birth
- Passport details
- Visa Grant Number or Transaction Reference Number (TRN)
3. Once you have entered the required information, click on the “Submit” or “Check” button to retrieve your visa details and conditions.
Alternatively, you can download the myVEVO mobile app, which is available for free. The app provides a fast and convenient way to check your Australian visa work rights, study rights, travel conditions, and expiry date. You will need the same information mentioned above to access your visa details through the app.
The Department has also implemented a service that provides people who have overstayed their visas an opportunity to re-engage and resolve their immigration status as an alternative to immigration deportation. The Department will grant you a bridging visa to allow you to remain in Australia temporarily until it has been 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 living in Australia illegally for one year during 2018. He overstayed his tourist visa and was afraid to leave his home, even to go to work. He was worried about being caught by the police and deported.
Ramesh came to Australia with the promise of a working visa from a family friend, but the visa never materialised. He tried to extend his tourist visa but was also unsuccessful. So, he now works doing car detailing and other odd jobs but is paid cash in hand. He does this so his boss does not know he is in Australia illegally.
Ramesh was planning to return to Malaysia in late 2018 but he 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. Hence, he planned to go to the Malaysian embassy and hand himself over to immigration authorities.
Ramesh said he had learned his lesson and would advise others to avoid his situation. He recommends getting information from officials before making any decisions about moving to Australia.
Need To Extend Your Visa Stay?
In Ramesh’s case, he could have avoided a lot of stress and uncertainty if he sought legal advice before overstaying his visa. A migration lawyer could have explained the visa requirements to him and helped him to apply for the correct visa. They could have also advised him on his options if he was unable to obtain a visa.
Do you need to extend your visa stay? What if your current visa expires and you were not prepared for it? If these cases sound familiar, it is important to seek legal advice. We at JB Solicitors can help you to understand the risks involved 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:
- An understanding of your legal options and rights
- Other visa options such as a protection visa or an Australian partner visa
- Avoid making any decisions that could jeopardise your immigration status.
- Get help with your Australian visa application or other immigration relief
- Someone to represent you if you are facing immigration enforcement action.
- Legal options if you want to extend your visa stay if your visa’s expiry date is near.
Contact us today for more information about visa overstayers in Australia and how to avoid being in their cases.
