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Unlawful Non-Citizen - What Can I Do When My Visa Has Expired

Written By Will Aldous
Thu, Apr 10, 2014
Will Aldous

Not holding an Australian visa can make it very difficult for you to stay in Australia. But if you seek professional help, it may not be the end of the road.

Your Australian visa options will depend on a number of things, including whether or not you have been refused a further visa since you last arrived in Australia and the amount of time that you have spent in Australia unlawful.

If you have made a visa application and you have been denied a visa since last entering Australia then you are in a particularly difficult situation.

You will be subject to the Section 48 Bar and you will only be able to apply for a visa of a class prescribed for the purpose of this section, including Protection visa, Spouse visa and Child visa.

Section 48 of the Migration Act limits further applications by a person whose visa has been cancelled, or whose application for a visa has been refused.

Even if you are in a genuine and long-term relationship with an Australian citizen or permanent resident, you cannot qualify for a Spouse visa unless you can demonstrate that you became unlawful because of factors beyond your control and there are compelling circumstances that justifies the Department of Immigration and Border Protection granting you a visa.

If your visa has expired, it is recommended that as soon as you become aware of your unlawful status, you visit the nearest Department of Immigration and Border Protection office to regularise your immigration status.

You may be subject to a 3 year exclusion period which means that once you have left Australia, you will not be able to apply for any Australian temporary visa for 3 years.

If your visa has expired or been cancelled, we recommend that you seek advice from a registered migration agent as soon as possible.

Should you want advice from our registered migration agents please contact immediately on +61 3 9421 1020.

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