You would generally expect all border applicants to keep track of their visa requirements carefully. However, that is not always the case where there are multiple reported instances of breaches by visa holders of their temporary visas by overstaying resulting in the cancellation of their visa.
What are the options if you overstay your visa? Does overstaying a temporary visa affect any future application for an Australian visa? Are breaches recorded? This post discusses the most common situations that overstayers find themselves in and what options are available to them.
This is the most common situation for an overstayer. For example, if you are a student visa holder, a 28-day Bridging Visa Class A (BVA) can be granted to you after your student visa expires. This bridging visa allows you to stay in Australia during the 28 day period, and may be used to apply for a new visa. However, this policy only applies to student visa holders, who can only be granted a Bridging Visa A once. If their visa renewal application has not occurred within a reasonable time before their student visa expiration date, it could leave them with complications.
Where the visa has expired and no other suitable visa renewal options are available, then you must leave Australia within 28 days after the visa expiration date.
If you fail to comply, then you will be considered an unlawful non-citizen who is staying illegally in Australia. Please note that this will be noted on your records and will have negative affects on your future visa application(s).
Visa Expiration – over 28 days
Upon the end of the 28 day period after expiry of your visa, you are required to immediately leave Australia. If you overstay, then any future visa application made to the Department of Immigration for a new visa will not be possible until after serving an exclusion period. This means that you are not permitted to apply for any Australian Visa within a three year exclusion period. After the expiry of the exclusion period, you will have to ensure payment of any debts (if any) owed to the Australian Government prior to applying for and obtaining another Australia visa. Such debts may include the costs of detaining and removing you from Australia previously incurred.
There may be situations where you can apply for a Bridging Visa to allow you to extend your stay. However due to the many different classes, you should seek legal advice to find out what your best options are. The good news is that most visa problems have a solution. With timely attention, these problems can be resolved with the correct advice.