Overstaying a visa in Australia can have serious consequences, including financial penalties, travel restrictions, and even deportation. If you overstay your visa accidentally due to unforeseen circumstances or knowingly remained beyond your Visa’s expiry date, it’s essential to understand your options and take immediate action. In this blog, we’ll break down the potential penalties, the steps to rectify the situation, and how you can legally extend your stay if you need more time.
Penalties for Overstaying Your Visa
If you overstay your visa in Australia, the penalties can vary depending on the length of time you remain unlawfully in the country. Here’s what you can expect:
1. Short-Term Overstay (Less Than 28 Days)
If you have overstayed by less than 28 days, you may still be able to leave the country voluntarily without facing significant consequences. However, future visa applications may be scrutinised, and you might be required to provide a valid reason for the overstay.
2. Long-Term Overstay (More Than 28 Days)
Once you overstay by more than 28 days, you may be subject to an Exclusion Period. This means you could be barred from applying for most Australian visas for a period of three years. Additionally, if you want to return within this timeframe, you may need to apply for a waiver—which is not always granted.
3. Detention & Deportation Risks
The Department of Home Affairs actively monitors visa compliance. If found unlawfully in Australia, you may be detained and forcibly removed. The costs of deportation, including travel expenses, are your responsibility, and this could further impact future visa applications.
How to Rectify an Overstayed Visa
If you realise you have overstayed your visa, do not ignore the issue. Here are some steps to rectify your status:
1. Apply for a Bridging Visa (BVE)
A Bridging Visa E (BVE) (Subclass 050 or 051) allows individuals who have overstayed to remain lawfully in Australia while they make arrangements to depart or apply for another visa. This option should be explored immediately to avoid further penalties.
2. Depart Australia Voluntarily
If you do not qualify for another visa, voluntarily leaving Australia is the best way to avoid further consequences. This may help reduce the chances of a future visa refusal.
3. Seek a Ministerial Intervention
In rare cases, you may be able to request Ministerial Intervention, where the Minister for Immigration personally reviews your case. This is generally reserved for compassionate and compelling circumstances.
4. Appeal Through the Administrative Appeals Tribunal (AAT)
If your visa has been cancelled, you may be eligible to appeal the decision through the Administrative Appeals Tribunal (AAT). However, strict time limits apply, so legal assistance is strongly recommended.
How to Legally Stay in Australia if You Need More Time
If you need to extend your stay, it’s important to apply for a new visa before your current visa expires. Some options include:
- Visitor Visa (Subclass 600) – If you need more time for travel or personal reasons.
- Partner Visa (Subclass 820/801 or 309/100) – If you are in a relationship with an Australian citizen or permanent resident.
- Skilled Work Visa – If you qualify under a skilled occupation category.
Applying before your visa expires ensures that you remain lawfully in Australia while your new application is processed.
Need Help with Your Visa? Contact Australian Visa Advice!
Overstaying your visa can be stressful, but you don’t have to navigate the process alone. Australian Visa Advice can assist you in exploring your options, applying for a new visa, or rectifying an overstayed visa situation.
Call us today for expert visa guidance!
Visit Australian Visa Advice for professional assistance.
Don’t let Visa complications ruin your plans—take action now to secure your future in Australia!
