Visa Cancellation and Unlawful Non-Citizens in Australia
If you are in Australia without a valid visa, you are considered an unlawful non-citizen. If found by immigration officers, you may face detention, removal from Australia, and exclusion periods that prevent you from applying for new visas for up to 3 years.
This also applies to visa holders who breach their visa conditions while in Australia. Depending on the seriousness of the breach, consequences may include removal and future travel bans.
Overstaying Your Australian Visa
If you overstay your visa by more than 28 days, you become subject to a 3-year exclusion period for any future temporary visa applications—even if you leave voluntarily.
If your visa expired less than 28 days ago, you may be eligible to apply for a new visa onshore, such as a partner visa, if you are in a relationship with an Australian citizen or permanent resident.
What to Do If Your Visa Has Expired
Do not go directly to the airport. You may be detained at an immigration detention centre. Instead:
- Visit your nearest Department of Home Affairs (formerly DIAC) office.
- Bring your travel ticket and apply for a Bridging Visa E (Form 1008) to remain in Australia legally until departure.
- Seek advice from a Registered Migration Agent to help manage your situation effectively.
Notice of Intention to Cancel (NOIC)
If you receive a Notice of Intention to Consider Cancellation (NOIC) from Immigration, there are legal consequences. If the primary visa holder’s visa is cancelled, any dependent family visas may be automatically cancelled under law.
- Section 109 – Incorrect information
- Section 116 / 128 – Specified grounds
- Section 137J – Student visa breaches
These consequential cancellations occur automatically—no additional decision is made.
You are strongly advised to seek legal help immediately if you receive a NOIC.
Overstayed Your Visa?
We work with individuals who have overstayed their visas through the Community Status Resolution Service (CSRS). Our focus is on securing Bridging Visa E and exploring suitable pathways or voluntary departure options, while avoiding unnecessary complications.
As a Registered Migration Agent, John Naser provides frank advice and early intervention to prevent cases from becoming more complex or sensitive.
Contact a Registered Migration Agent
NEW BORDERS AUSTRALIAN MIGRATION
John Naser – Registered Migration Agent (MARN: 1068284)
Mobile: 0405 421 383
Email: newborders@live.com.au