The Australian visa process can be complex and overwhelming, and so can be a situation where a visa holder overstays his/her Australian visa.
When you become an ‘unlawful non-citizen’ you will face problems such as:
- You risk being detained and removed from Australia
- You might have to pay the Australian Government for the cost of removing you from Australia
- You could be banned from returning to Australia for up to three years – this is called a re-entry ban.
What can you do to resolve you visa status and remain in Australia?
There are manageable ways to stay in Australia after you have overstayed and become illegal. There are limited options for a person who overstays a visa however these options are viable for some and legitimate. The most important option is if you have an Australian partner, wife or husband and also may have some children. Although it is not guaranteed, you can apply for a partner/spouse visa while in Australia but you must be aware of the tough restrictions. These are described as Schedule 3 criteria. Look at our page on this criterion for further advice. There may be other limited visa options that may be available.
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