What happens if I stay in Australia without a visa?

Consequences of Overstaying Your Visa in Australia

Overstaying your visa in Australia is a serious offence that can lead to significant consequences. According to the Australian Border Force (ABF), remaining in the country beyond the expiration of your visa is a breach of the Migration Act 1958.

Legal Consequences

Overstaying your visa may result in:

• Visa cancellation: Your current visa may be cancelled, rendering you an unlawful non-citizen.
• Deportation: You may be deported from Australia and barred from re-entering for a specified period.
• Fines: You may be subject to fines of up to AUD 10,390 or imprisonment for up to two years.
• Criminal charges: In severe cases, overstaying your visa could constitute a criminal offence.

Impact on Future Visa Applications

Overstaying your visa can significantly impact your future visa applications. The Department of Home Affairs may view you as a high-risk applicant and may:

• Refuse your visa: Your visa application may be rejected due to your previous non-compliance.
• Impose conditions: Your visa may be granted but subject to strict conditions, such as limited travel or reporting requirements.
• Ban: You may be banned from applying for certain types of visas or entering Australia for a specified period.

Consequences for Employers

Employers who hire individuals who are overstaying their visas face the following penalties:

• Fines: Employers can be fined up to AUD 20,900 per illegal worker.
• Prosecution: Employers may be prosecuted for employing unlawful non-citizens.
• Reputational damage: Employing overstayers can damage an employer’s reputation and lead to negative publicity.

What to Do if You Overstay Your Visa

If you realize you have overstayed your visa, it is crucial to take immediate action:

1. Contact the ABF: Report your overstay as soon as possible. The ABF may grant you a bridging visa while your case is assessed.
2. Explore visa options: If possible, apply for a new visa that aligns with your current circumstances.
3. Depart Australia: If you are unable to secure a new visa, you must depart Australia voluntarily to avoid further penalties.

Ignoring the consequences of overstaying your visa can have severe consequences. By taking prompt action, you can minimize the impact on your future and protect your legal status in Australia.