Overstaying your Tourist or Student Visas can sometimes be a mistake or in some cases overstaying on purpose. In any case, overstaying your visa expiry date can be a stressful situation, however you should know your options and how IST can help you either return to your home country or remain in Australia with your Partner or Spouse. Depending on your individual case you may have options that our Lawyer and Migration Agent Hanh Ho can advise and process for you to remain in Australia. If your situation is managed correctly and you have not been charged or convicted of a serious criminal offence, we may be able to help you stay in the community while we sort out your legal status.
If you wish to return to your home country, IST can help you contact the Department of Immigration and start the process of returning you home through the Governments Community Status Resolution Service (CSRS).
Remaining as an unlawful citizen is not in your best interest so get a legal migration advice as soon as possible. However, if you choose to remain as an unlawful citizen and not try to work with Immigration Department, you will have a greater risk of being detained and removed from Australia and may need to pay for the costs of your deportation to the Australian Government. If you have overstayed your visa for less than 28 days, the Department may give you a grace period making more options available to you than if you overstay your visa for more than 28 days.
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The department generally does not detain people if they cooperate toward finalising their immigration matter.
The Australian Government established the Community Status Resolution Service (CSRS) to give people living or working unlawfully in Australia the chance to re-engage and resolve their immigration status. This approach is provided as an alternative to immigration detention for people working voluntarily with the Department.
In these circumstances, the Department could grant you a bridging visa to allow you to remain in the community temporarily until your immigration matter is finalised.
You do have the option of applying for a Bridging visa whilst the Immigration Department finalises your immigration matter. The Bridging Visa would allow you to make necessary arrangements for your departure or find out your eligibility to apply for a different visa onshore including applying for a Partner or Spouse Visa. Having a Bridging Visa can help prevent you from getting a 3 year ban if you want to leave Australia or try applying for another visa offshore should you have to leave Australia.
Your options depend on whether or not you have been refused a further visa since arriving in Australia and the amount of time you have overstayed your visa.
You may only be able to apply for a Protection Visa, Partner Visa or Child Visa onshore, as you may be subject to a Section 48 Bar. Section 48 of the Migration Act limits any further visa applications by a person whose visa application has been rejected or whose actual visa has been cancelled, but there are exceptions and you may still be eligible to apply. Our Lawyer and Migration Agent Hanh Ho can review your case and give you the best options available.
If you have overstayed your visa but are in a long term relationship with an Australian citizen, you may be eligible to apply for a Partner Visa. But, depending on your individual case, there may be various restrictions or eligibility on what visas you can apply.
In order to apply for a Partner or Spouse Visa, you will need to be in a genuine relationship and be able to meet the schedule 3 regulations including showing that you became an unlawful citizen because of factors beyond your control. However, this regulation can be waived if you can show compelling circumstances. Once you have met or waived the schedule 3 regulations, you will be able to apply for a Partner Visa on the basis of marriage. You will also need to meet additional requirements:
Have you been refused a Tourist or Partner Visa due to using unreliable services or an inadequate visa application? We are here to help you solve the problem.
To discuss your options and your eligibility for a Partner, Spouse, or Child visa and the consequences involved in overstaying your visa, contact our Lawyer and Migration Agent Hanh Ho to review your case and give you the best options for your next step. Hanh will also assist you to make the right decision whether you should spend time and money to proceed with a new visa application onshore.