Is this your situation?
Your visa expired and you are still in Australia. You may have intended to leave on time but something went wrong. Or you made a deliberate choice to stay. Either way, every day that passes adds to the consequences.
Immediate consequences
As an unlawful non-citizen, you have no right to work, no access to Medicare, and you face detention and removal if the Department becomes aware of your status. Employers who knowingly hire unlawful non-citizens face penalties too.
Impact on future visas
If you are removed from Australia, you face a re-entry exclusion period. This is typically 3 years if you departed voluntarily through the Department’s Status Resolution Service, or longer if you were forcibly removed. The exclusion period bars you from being granted most visas during that time.
Even if you depart voluntarily without the Department’s involvement, the overstay goes on your record. Future visa applications will need to address it. Decision makers will consider it when assessing whether you are likely to comply with visa conditions in the future.
Your options
Check whether you have any visa you can still lodge (protection visa, certain partner visas exempt from section 48). Consider a BVE application. Consider voluntary departure to minimise the exclusion period.
The earlier you address the situation, the better. A person who overstayed by one week and departed voluntarily is in a much better position than someone who overstayed for two years and was found by the Department.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) can assess your situation confidentially and advise on the best course. Call (07) 3519 7009.
FAQ
Q: Is there a grace period after a visa expires?
No. Australian visas do not have a grace period. The moment your visa ceases, you are unlawful if you remain in Australia without another visa.
