Cancellation and Unlawful Non-Citizens
As you know by now if you are in Australia without a valid visa you are said to be Unlawful Non Citizen. And if you are found by Immigration Officers you may be detained and removed from Australia. And exclusion periods may be imposed before you can make an application for another visa to enter or re-entry bans.
The same also applies to visa holders who breach their visa conditions while in Australia and are found by Immigration officers. They may be detained and removed from Australia depending on the seriousness of the breach of their visa conditions. Also have permanent or temporary exclusion periods imposed before making another application to return to Australia.
If you Over stay your visa by not leaving Australia by the date your visa expires, and remain in Australia illegally, and overstay by more than 28 days you become subject to an exclusion period that prevents you from being granted a temporary visa to travel to Australia for three years. This exclusion period applies whether you leave voluntarily or not.
However, if your visa has expired for less than 28 days, you may still be able to apply to remain in Australia because of your relationship with an Australian Citizen or permanent resident, providing you can meet certain criteria.
If your visa has expired you must not just appear at the airport as you may be detained and held at a detention centre depending on your circumstances. As soon as you have known your visa has expired, you should go to the nearest DIAC office with your tickets and apply for a bridging visa E on form 1008. This is usually granted and you will be allowed to remain until your flight leaves, thus enabling you to make a voluntary departure. You may also seek the assistance of a Migration agent who may be able to assist you in this process.
If you receive a Notice of Intention to Cancel (NOIC) your visa because you were found to have breached your visa condition(s) on legal or factual grounds there are consequential cancellations on other family members. The visa held by any family unit is deemed cancelled when the primary visa holder’s visa is cancelled under:
- section 109 (incorrect information)
- sections116 or 128 (specified grounds) or
- section 137J (student visas).
These consequential cancellations are by operation of law. That is, there is no decision made to cancel.
You are strongly advised to seek legal help if you receive a Notice Of Intention to Consider (NOIC) cancellation from the Department of Immigration and Citizenship (DIAC).
OVER STAYED YOUR VISA?
We are dedicated to working with people who have overstayed their visa through the Department of Immigration and Citizenship’s (DIAC’s) Community Status Resolution Service (CSRS) towards an immigration outcome, whether this is by exploring suitable visa pathways or departure arrangements. Where possible, we focus on achieving a Bridging visa E while the over-stayer remains in the community undergoing suitable visa pathways or voluntary departure arrangements.
As a Registered Migration Agent our role is an important part in taking these pathways forward and in providing frank advice to clients who have overstayed their visa. By working with people who have overstayed their visa our aim is to minimize their case developing complexities or sensitivities through early intervention.
We can Help:
FOR ASSISTANCE CONTACT:
NEW BORDERS AUSTRALIAN MIGRATION
Registered Migration Agent Number: 1068284
Mobile: 0405 421 383