What Steps Should You Take if You are an Unlawful Non-Citizen
If you are residing in Australia without a visa and you are not an Australian citizen, you are classified as an ‘unlawful non-citizen’. The Australian government has the power to detain and deport any unlawful non-citizens from its borders. For this reason, it is important that you regularise your Australian visa status as soon as you are unlawful by applying for a visa.
What Visas Can You Apply for if You Are an Unlawful Non-Citizen?
If you are an unlawful non-citizen, section 48 of the Migration Act 1958 prevents you from applying for most visas. Unlawful non-citizens may only apply for the following visas:
Onshore Partner (subclass 820/801) visa – to apply for this visa, you must be in a relationship with an Australian citizen or permanent resident (PR).
Protection (subclass 866) visa – you can apply for this visa if you engage Australia’s protection obligations because you face a risk of harm should you return to your home country.
Medical Treatment (Subclass 602) visa – you can apply for this visa if you require temporary medical treatment in Australia or need to support someone needing medical treatment who holds this visa.
Onshore Child (subclass 802) visa – if you are a dependent child of a parent who is an Australian citizen or PR, you can apply for this visa. A ‘dependent child’ is defined as someone who is under 18 years, a full-time student aged over 18 and under 25, or over 18 and unable to work due to a disability.
Skilled Nominated (subclass 190) visa – you can apply for this visa if you have an occupation on the relevant skilled list, are aged under 45, have a suitable skills assessment for this occupation, are invited by a State or Territory government to apply for this visa and satisfy the points test.
Skilled Work Regional (subclass 491) visa – this visa is very similar to the abovementioned Skilled Nominated (subclass 190) visa. The primary distinction between these two visas lies in the nomination process. For the subclass 491 visa, skilled individuals are nominated by a State or Territory government to reside and work in a designated regional area.
Skilled Employer Sponsored Regional (subclass 494) visa – this visa is attainable if you receive sponsorship from your employer located in a designated regional area. To be eligible, you must possess:
A minimum of 3 years of relevant work experience within your nominated occupation, and
Have a relevant skills assessment, and
Be below the age of 45.
Bridging Visas – if you are unlawful, you can apply for a Bridging Visa E (‘BVE’) to regularise your status whilst you prepare to apply for one of the substantive visas listed above. Alternatively, if you apply for one of the above substantive visas, you will be granted either a Bridging Visa C (‘BVC’) or a BVE.
How Can Agape Henry Crux Help
If you are an unlawful non-citizen and need professional advice in relation to your next visa, contact Agape Henry Crux, our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers and migration agents are specialized in handling highly complex matters. You can schedule with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.