Can I Still Apply for a Visa After Being Unlawful in Australia?

Finding yourself overstaying a visa and now in unlawful status in Australia doesn’t necessarily mean the end of your immigration journey. Learn what possible complications may occur due to your unlawful status and how you can overcome this challenging situation and apply for a visa to legalise your status.

To determine if you have become unlawful in Australia, is that if you are in the country without a valid visa. This may occur if your visa has expired and you have not applied for another substantive visa or a bridging visa.

If you discovered that you are now unlawful, we highly recommend that you take action quickly to rectify your status through professional assistance.

What Visa Options Do I Have After Being Unlawful?

Depending on your circumstances, you may be limited in being eligible for most visa subclasses as you may be barred under Section 48 or Schedule 3. However, there are some visas that you may be eligible to apply for to legalise your status:

Will There Be Further Complications on My Visa Application?

Being unlawful can impact your immigration record and may affect your future applications. Facing re-entry bans or restrictions such as PIC 4013 or PIC 4014 complicates future travels to Australia. Additionally, being unlawful may lead to deportation or removal from Australia, and if that occurs, it will also affect your immigration record.

How Can Agape Henry Crux Help

While being unlawful attracts further complications, there is hope there are possible pathways to meet your objective to stay in Australia. Consider engaging with one of our Accredited Specialists in Immigration Law at Agape Henry Crux. They will be able to assist you in exploring the best visa options. Read our clients’ testimonials on Agape Henry Crux and Jason Ling (Accredited Specialist in Immigration Law). You can schedule an appointment with one of our immigration lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. 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.

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