What Happens If You Overstay a Student (Subclass 500) Visa?

If you are in Australia on a Student (Subclass 500) Visa, and your visa has expired or been cancelled while you remain in Australia without another valid visa or bridging visa, you may be considered an unlawful non-citizen under the Australian migration law. Overstaying a student visa, even for a short period, can have serious and long-term consequences for your ability to remain in Australia or apply for future visas.

What Counts as Overstaying a Student Visa (Subclass 500)?

You overstay when your Student (SC 500) visa expires, and you do not hold another valid visa, or when your Student (SC 500) visa is cancelled, and you remain in Australia without lawful status.

If you are unsure of your visa status, you can check your Student (SC 500) visa grant letter, or through the Visa Entitlement Verification Online (VEVO) system or the myVEVO app.

Even short overstays are a breach of migration law. The longer you remain without a valid visa, the fewer options you may have to regularise your status.

What Happens if You Overstay a Student Visa in Australia?

The 28-day Grace Period

Under the Migration Regulations, there is a limited period, commonly referred to as the 28-day grace period, after an SC 500 Visa expires during which certain onshore visa applications may still be possible. This is not an automatic right to remain in Australia. It is a limited regulatory window that can affect your future visa pathway to remain in Australia.

If you apply for another visa onshore or leave the country within 28 days of your visa expiring, your immigration options may be broader and may not be affected by some Public Interest Criteria (PIC) or Section 48 Bar than if you delay.

Overstayed Beyond the 28-Day Period

If you remain unlawful for more than 28 days after your SC 500 visa expires, your options to apply for a visa become more complex. At this stage, you may face severely limited visa options, Schedule 3 criteria, visa bans or re-entry bans affecting your future visa applications. The longer the period of unlawful stay, the harder it can be to resolve your situation.

Can I Apply for Another Visa After My Student Visa Expires?

If you believe you have overstayed or are at risk of overstaying your student visa, time is of the essence.

Your immediate next step is to confirm your visa status and regularise your unlawful status.
If you have overstayed and are unlawful, you only have a limited time. We suggest that you speak with an experienced immigration lawyer about your next best steps. They can assist in strategising the best visa pathway for you.
Related: Why Choose to Apply for a Bridging Visa C Instead of a Bridging Visa E?
At the same time, gather evidence and documents to support your claims for your next eligible visa application.
Consider voluntary departure if no viable visa pathway exists.

What are the Consequences of Overstaying a Student (Subclass 500) Visa?

The Department may detain and remove unlawful non-citizens.
Overstays and unlawful departure or removal can lead to exclusion periods affecting future visa grants. This is commonly a 3-year bar, but it may depend on circumstances and the applicable PIC.
If there are prior non-compliances, cancellation can result in the refusal of future visas or require additional waivers or eligibility pathways.
While unlawful, you may lose access to Medicare, lawful work rights and other services.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Assist

Discover your visa pathway with a consultation with one of our immigration lawyers. If you have overstayed and are now an unlawful non-citizen, seek professional guidance by speaking with Jason Ling or Angela De Silva, our Accredited Specialists in Immigration Law at Agape Henry Crux. Getting a strategic plan today can save you time, money and stress tomorrow. The team specialises in handling highly complex matters. Schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English and Mandarin. We can also help you arrange an interpreter if this isn't your language.

Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

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

….we call it Support Network

Navigating the immigration law process may be difficult, so our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.

These are their stories…

Overcoming Unlawful Non-Citizen Status