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Legally, you cannot overstay in Australia if your visa expires. Overstaying your visa in Australia is a legal offense. It can lead to an exclusion period of a minimum of three years. In simpler terms, you can face a nightmare if you overstay your visa in this country. Sounds scary right? But worry not, as we have done some digging for you. In the following sections, you can get familiarized with overstaying in Australia, and ways to avoid it with the assistance of a migration agent.
Table of Contents
What does overstay mean?
The dictionary meaning of overstay is ‘staying longer than the stipulated duration. Officially, if you are still in Australia with an expired visa you have overstayed your Australia visa. Legally, it is expected that you would leave the country if your visa expires. However, failing to do so, you would be considered an unlawful non-citizen. So, if your visa gets expired do not go to the airport and attempt to leave normally. You should apply for a Bridging Visa E on Form #1008 to get permission to stay until the flight date.
Overstaying visa categories
Overstaying your visa less than 28 days
This category of overstaying visas is less scary. If you are overstaying your visa in Australia for less than 28 days and have an Australian partner, you can apply for an Australian visa to stay there legally. However, in this case, you will need to provide enough proves to support the eligibility for an Australian partner visa. You can also apply for a bridging visa to sort your visa status. A bridging visa can help you stay in Australia while arranging for a departure to your home country or prepare for another Australian visa.
All these may seem overwhelming. So, you can seek legal advice from a registered migration agent to ease up the situation.
Overstaying visa more than 28 days
Now comes the real trouble. If you overstay your visa for more than 28 days, you can face a real nightmare. Overstaying in Australia is illegal. It can lead to your exclusion for at least 3 years. What more? You can face an arrest and be detained as an illegal citizen.
This situation can burden you financially as well. You may have to pay debts if any, that you owe to the Australian government for detaining and removing you from the country. Failing to pay the debt can lead to your exclusion from any future Australian visa application.
Consequences of overstay in Australia without a visa
The consequences of overstaying your visa in Australia can be worrisome. You may be kicked out, arrested and detained or even get banned from any future visa application.
Let’s delve deep to make a proper sense out of it.
- Detention- The foremost consequence if you overstay your Australian visa could be your arrest and detention. If you attempt to leave the country normally, in this case, you may face an arrest and taken to a detention center.
- The status of illegal citizens– Overstaying in Australia is illegal. Any such activity could mean you are breaching the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth). In such a case, your status can change to an unlawful illegal individual.
- Banned– If you plan to return to Australia in the future, your overstay status can prevent you from doing it. to add to the distress, Australian law can also ban you from entering the country for a period of a minimum of 3 years. Also, there is no guarantee that your ban would be withdrawn after 3 years.
Options after overstaying Australia visa
Apply for a bridging visa E (BVE)
A bridging visa is a preferred option to prevent detention or arrest. You can apply for a bridging visa if your visa gets expired. If you overstay your visa in Australia, the government can label you as an illegal citizen. You may not even have the scope to purchase a normal flight ticket to exit the country. So, the only solution you could get is to seek the help of a registered migration agent to apply for a bridging visa E (BVE).
A bridging Visa E can help the migration officer to take care of your migration matter while you can get enough time to apply for a different visa. You can also utilize the time to arrange your departure to your home country. A bridging visa E can help you avoid any legal consequences. However, your overstay duration and visa cancellation status since your visit to Australia can affect your BVE application.
How does a migration agent can help for an overstaying?
A small summary of look at the situation, look for visa options, guidance, and application.
So you want to avoid the consequences of overstaying your visa in Australia? If yes, then you should immediately seek assistance from a registered migration lawyer. If you have expired your visa don’t get stressed out, as there are ways to handle it. A migration agent can help you understand the situation better and discuss the option you have in hand. You may not be familiar with the Australian visa migration laws but a migration agent Sydney can guide you through the process of applying to BVE. You can also get proper guidance regarding future visa applications and all the possible ways to continue your stay in Australia.
So, do not worry and weigh down the stress of overstaying your Australian visa by consulting a registered and affiliated migration lawyer or agent as soon as possible.
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