Visa Overstays and Unlawful Non-Citizens

Each year we see many people who are in Australia but who do not hold a valid Australian visa. Many of these people have either overstayed their visa or had their existing visa cancelled. The Department of Immigration and Citizenship has estimated that the number of people who have overstayed their visas and who are in Australia at any one time is over 50,000.

What happens if I overstay my temporary visa?


If your temporary visa has expired and you have not applied for another Australian visa, then you will most likely have become what is referred to under the Australian migration law as an “unlawful non-citizen”.

Depending on how long you have overstayed your visa will depend on what the effect of your overstay will be. In many cases if you have overstayed your visa by more than 28 days you may be prevented from applying for any further temporary visa for a 3 year period. There is also a risk that if caught, that you might be detained and removed from Australia.

However please note that even if you have overstayed your visa by 28 days you may still have options available to you. Please be aware that there is a lot of misinformation or rumour available about what the effect of becoming unlawful is and what will happen to you if you have overstayed your visa – it is very important that you seek qualified and experienced advice.

What should I do if I have overstayed my visa?


You should immediately get advice from an Immigration Lawyer. If you have overstayed your visa or had your visa cancelled it is important that you get advice on what to do and what options you have as soon as possible. We recommend that you speak to a lawyer as the information you provide to a lawyer should remain confidential and is protected by legal privilege. Migration agents cannot offer this same level of confidentiality and protection.

What experience do you have in helping people who have overstayed their visa or who are unlawful non-citizens?


As Immigration Lawyers we have a lot of experience in assisting people who are in Australia without a valid visa. We specialise in dealing with complex cases such as these and we have many years of experience in helping people find solutions to their immigration problems. We have helped and advised people from the United Kingdom, Ireland, South Africa, USA, Zimbabwe, India, Kenya, Burma, Malaysia and many other countries to resolve their situation and find an outcome which is appropriate for their situation

Our ability to help in any particular cases is entirely dependent on the facts and circumstances involved. However many people have more options then they think. We have recently helped a number of people who have lived in Australia for over 20 years without a valid visa to find a successful migration outcome.

If you or someone you know has overstayed their visa or had their visa cancelled, please contact us to arrange a confidential meeting to discuss your situation.

Disclaimer: Information you obtain at this site is general information only and is not, nor is it intended to be, legal or migration advice. It does not purport to be comprehensive and it is not intended to be and is not a substitute for legal advice which evaluates your individual circumstances. Please contact us for advice.