The Australian Government has announced the next stage of its migration reform agenda, including stronger compliance measures aimed at ensuring people without a valid visa leave Australia.
For those who have overstayed their visa, this is an important development.
Remaining in Australia without a valid visa is already a serious immigration issue. The Government’s latest announcement reinforces the need for people in this position to understand their immigration status and take steps to resolve it.
The key point is simple: if your visa has expired, or you are unsure whether you currently hold a valid visa, now is the time to obtain advice.
Not every overstayer has deliberately ignored the law
Not everyone who overstays a visa has deliberately set out to disregard Australia’s immigration laws.
Sometimes, people genuinely believe they hold a bridging visa – a visa which, broadly speaking, ‘bridges’ the gap between one visa expiring and a decision being made on a new visa application – only to later discover that no bridging visa was in effect, or that it had ceased.
In other cases, life has simply become overwhelming. Family and domestic violence, for example, can have a profound impact on an individual’s mental and emotional state. Someone may be frightened, isolated, focused entirely on keeping themselves or their children safe, and simply not be thinking about their visa. By the time they realise it has expired, fear about what might happen next, or that coming forward will somehow make their situation worse, can make them even more reluctant to seek help. That fear can turn weeks into months, and months into years.
None of those circumstances changes the legal position, but they do reinforce why overstayer matters need to be considered individually rather than on the assumption that every person has deliberately ignored the law.
There is no single solution for visa overstayers
Every matter is different.
In some cases, a person may still have a pathway to apply for another visa in Australia, but in other cases a person’s immigration history may restrict their ability to make a further visa application. There may also be issues arising from a previous visa refusal or cancellation that need to be considered before any further action is taken.
For some, the appropriate decision may ultimately be to leave Australia.
Even in those circumstances, obtaining advice before departure can be important. The way a person resolves their unlawful non-citizen status may have consequences for future visa applications and their ability to return to Australia.
Why acting early matters
Once a person becomes an unlawful non-citizen, that can have immediate consequences, including exposure to immigration detention and removal from Australia.
A person’s immigration history, how long they have remained unlawful, whether they have previously had a visa refused or cancelled, and how they ultimately resolve their status can all affect the options available to them now and in the future.
This is why acting early matters. The value of obtaining Australian immigration advice is great in ensuring a person can properly understand their immigration status and current legal position, as well as receive advice on the most appropriate strategy for resolving their status.
The appropriate strategy will depend entirely on the individual circumstances.
Steps to resolve your immigration status
Being unlawful in Australia does not automatically mean there is a pathway to remain, but equally, it does not mean that every person’s circumstances are the same.
For visa overstayers, the practical implication is that leaving the issue unresolved carries increasing risk and waiting until the Department makes contact may also reduce the opportunity to properly understand available options and make informed decisions about how immigration status should be resolved.
The important step is to obtain Australian immigration advice early, understand the options that are available, and take a considered approach to resolving immigration status.
How Mullins Lawyers can help
Resolving your immigration status starts with understanding exactly where you stand.
The Mullins Migration team can review your immigration history, confirm and explain your current status, identify any visa or bridging visa options that may still be available, advise on the most appropriate next steps to resolve your immigration status, and explain the consequences of those actions. We can also assist with previous visa refusals or cancellations, communicate with the Department of Home Affairs on your behalf, and help you develop a practical strategy to either regularise your status, or plan your departure from Australia in a way that protects your best interests.
If you have overstayed your visa, or you are unsure whether you currently hold a valid visa, please reach out to Corina Chen (cchen@mullinslawyers.com.au or 07 3224 0364) for an obligation-free chat.
