Australian Visa Laws
When you get a visa to come to Australia, you accept to abide by all the conditions of that visa, consisting of the requirement that you leave Australia prior to your visa ends. If you stay in Australia after your visa has actually ended you will be thought about an unlawful non-citizen. An illegal non-citizen can be arrested then deported from Australia.
You become an ‘unlawful non-citizen’ and this can cause problems for you, 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.
If your visa has ended, contact the Community Status Resolution Service (CSRS). You can do this anonymously and ask general information, or you can speak to the operator in more detail about your circumstances.
Overstaying your visa less than 26 days
You could have the ability to stay in Australia as a result of your relationship with an Australian PR or Citizen if your visa has actually been ended for less than 28 days as well as you could satisfy particular various other requirements. If you agree to find a solution to your visa status you will certainly be helped by Community Status Resolution Service that could assist you with your migration issues. If you call them within 28 days of your visa running out, you could have the choice of prolonging your visa or making an application for a Bridging visa while your application for an additional visa is taken into consideration.
Overstaying your visa more than 26 days
If you stay in Australia unlawfully for greater than 28 days after your visa has actually ended, any kind of future application for an Australian visa will be blocked by an Exclusion period. That suggests that you will not be able to get a visa for Australia for a minimum of 3 years. The 3 year ban applies even if you left Australia willingly. Even more, after this 3 year period has ended, you will certainly not have the ability to obtain an additional visa unless you pay off any type of financial obligations you owe to the Government. This will certainly consist of the expenses of restraining you and also deporting you from Australia if you have not currently paid them. Nevertheless, even if you have actually overstayed your visa by greater than 28 days you might still have various other alternatives offered to you. You ought to look for lawful suggestions regarding your alternatives.
Other options
You could have the ability to obtain a Bridging visa whilst the Immigration Department settles your migration issue which may provide you time to obtain another visa. Your new visa alternatives will rely on whether you have actually been declined a visa since you got here in Australia (apart from a Bridging visa) and also the duration of time you have actually overstayed your visa. If you have actually been declined a visa, or if your visa has actually been terminated, you will just have the ability to obtain a protection visa, or some Partner visas or Child visas. If you have actually formerly been rejected a Protection visa you could not obtain an additional Protection visa unless you leave Australia and also make your application from overseas. You could just get a Spouse visa if you could show that you came to be an illegal person due to reasons that were beyond your control.
