Illegal Overstay
Illegally overstaying occurs when a person remains in Australia after their visa has expired and they do not hold another valid visa. A person in this situation is considered an unlawful non-citizen under Australian migration law.
If you have overstayed your visa, you may lose certain rights, including the right to work, access Medicare, or travel freely. You may also be subject to detention and removal from Australia by the Department of Home Affairs.
Overstaying can have serious consequences for future visa applications. This may include visa refusal, exclusion periods, or restrictions on applying for certain visas. The longer the overstay period, the more serious the potential consequences.
In some situations, people who have overstayed may still be able to apply for a visa while in Australia. This depends on factors such as the length of the overstay, whether there are compelling and compassionate circumstances, and whether the person has previously had a visa cancelled or refused.
People who overstay may be granted a Bridging Visa while their situation is being resolved. A Bridging Visa may allow lawful stay in Australia and, in some cases, permission to work. However, conditions vary depending on the individual case.
If a person does not regularise their status, they may be placed in immigration detention. Immigration detention is not a criminal jail, but it is a secure facility where people are held while their immigration status is being resolved.
If you believe you have overstayed your visa, it is important to seek legal advice as soon as possible. Early advice may help reduce risks, explore available visa options, and avoid further complications.
We can assess your situation, explain your rights and obligations, and advise on possible pathways to regularise your stay in Australia.