I'm Unlawful. What Visa Can I Apply For?
Overstayed your previous visa and currently do not have a visa, even if it is an honest mistake such as not realising, your Australia status has now resulted in an unlawful non-citizen. It can be alarming as there may be visa restrictions apply to you, however, that doesn’t necessarily mean the end of your immigration journey in Australia.
Why Acting Quick is Important?
As soon as you discovered that you are unlawful while in Australia and not holding a valid Australian visa anymore, consider acting immediately by speaking with an Accredited Specialist in Immigration Law, so they can assess your specific situation and give you tailored advice and next steps. Otherwise, being an unlawful non-citizen in Australia can lead to detention and deportation.
What are some Visa Options for Unlawful Non-Citizens?
In some circumstance, the applicant may be affected by Section 48 bar, which prevents the applicant to apply for most visas while in Australia. Alternatively, if the applicant applies for a new visa, Schedule 3 Criteria may apply and prevent a visa grant, which leads to a visa refusal. However, there are some visas that are exempted or may require to seek a waiver to overcome the visa restrictions, the applicant is still required to meet the visa eligibility requirement:
Bridging Visas, such as Bridging Visa E (‘BVE’) (Subclass 050) or Bridging Visa C (‘BVC’) (Subclass 030). Read an article on “Why Choose to Apply for a Bridging Visa C Instead of a Bridging Visa E?”
Onshore Partner (subclass 820/801) visa (Schedule 3 Criteria may apply)
There are some circumstances where if a Student Visa (Subclass 500) holder overstays their visa, there is a grace period of 28 days for the applicant to apply for a new Student Visa with no visa consequences for one time. This exemption may also apply to Visitor Visa (Subclass 600).
Are There Further Complications for My New Visa Application?
If you are barred under Section 48 or Schedule 3, we highly suggest seeking legal advice on overcoming the issue before submitting your application to avoid a visa refusal. Speak with an Accredited Specialist in Immigration Law to identify any compelling reasons and receive tailored advice and guidance for your specific situation.
Related:
How Can Agape Henry Crux Help
While there are limitations for an unlawful non-citizen to apply for a new visa, it is not the end; there are some options! Consider engaging an Accredited Specialist in Immigration Law at Agape Henry Crux, as they specialise in highly complex immigration matters. Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling. 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.
Client Testimonials
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