Overstaying Your Visa

What will happen if im in Australia even though my visa has ended?


Overstaying your visa can have serious consequences  on , not just your future applications but also limit your chances of staying in Australia any further .

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The Australian laws regarding overstaying visas are outlined in the Migration Act 1958(Cth) and the Migration Regulations 1994 (Cth). When you make any application for visa in Australia, there are various conditions that you need to adhere to. These conditions are clearly mentioned in the grant letter.

Leaving Australia before your visa expires is one of the condition that you need to adhere as well. If you remain in Australia after your visa expires you will be an unlawful non-citizen. This means you can face deportation from Australia and the government can recover the costs of doing so from them.

If you are in Australia and your visa is expiring soon, you should resolve your immigration status before your current visa expires. Overstaying your visa can lead to consequences on your future applications. In some cases you can also apply for Subclass(187) or Subclass(186) even when you have overstayed your current visa. Compelling reasons of employment would be needed here.

Overstaying less than 28 days

On grounds of compassionate evidence such as relationship with an Australian Citizen or Permanent Resident etc. You can apply to remain in Australia if your visa has been expired for less than 28 days and provided you can meet certain other criteria.You may apply for further visas if your time limit is within 28 days of your visa expiring. 

Overstaying more than 28 days 

Any further applications will be met with an exclusion period if you have overstayed your visa more than 28 days. This means you are unable to be granted a visa to travel or stay in Australia for a minimum of 3 years. The costs of detaining you and removing you from country has to be paid, in case the 3 years has passed and you are looking to apply for another visa. However there are exemptions available to this and you should seek legal advice to your options.

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