If I overstay my visa what will happen to me?
If your situation is managed carefully and you have not been charged or convicted o a serious criminal offence, often you can stay in the community while you sort out the problem. Without a visa you are illegal and you run the risk of being placed into detention and deported. You are an “unlawful non-citizen”.
There are complex but manageable ways to stay in Australia after you have overstayed and become illegal without a visa but you must understand the rules. Most people have the chance to resolve their immigration status. This is better than immigration detention for people who try to work with Immigration voluntarily.
You may get a bridging visa to allow you to remain in Australia temporarily until your immigration matter is finalised and there is some possibilities to even apply for a permanent visa. These are not easy but we have had good success where people qualify and work with us. It is only very rare that Immigration will detain you for overstaying your visa if you work with them and it is our role to advise you how to do this.
What will happen if I overstay in Australia after my visa has ended?
You become an ‘unlawful non-citizen’ which will cause problems such as:
• you risk being detained and removed from Australia
• you might have to pay the Australian Government for the cost of removing you from Australia
• you could be banned from returning to Australia for up to three years – this is called a re-entry ban.
Options:
There are limited options for a person who overstays a visa however these options are viable for some and legitimate. The most important option is if you have an Australian partner, wife or husband and also may have some children. Although it is not guaranteed, you can apply for a partner/spouse visa while in Australia but you must be aware of the tough restrictions. These are described as Schedule 3 criteria. Look at our page on this criterion for further advice.
Bridging Visa E
Normally we can get you a Bridging Visa E for a temporary period to allow us time to understand how to fix up you being illegal without a visa. Depending on your situation you may be able to work but this takes a very good understanding of the immigration regulations.
Deportation:
You must avoid being deported or removed for overstaying and being illegal without a visa. The reasons are very important. If you are deported, usually the Department will send an officer with you on the flight as well as having a security officer on board. This is generally a requirement of all deportations. The costs that are incurred, such as flight tickets for all, accommodation during travel, your time in detention are all charged to you. If you cannot pay the Department will not chase the bill BUT you cannot ever get another visa until this bill is paid. It can be well in excess of $10,000 to $15,000.