What Happens If You Overstay Your Visa in Australia?

Overstaying your visa in Australia is a serious legal matter. It doesn't matter if it's been one day or one year-the moment your visa expires, you lose your legal right to be in the country. You risk detention, deportation, and a potential 3-year ban from returning.

But panic helps no one. If you have overstayed, there is a correct way to fix it that minimises the damage to your future. This guide explains the penalties, the "grace period," and how to depart voluntarily without getting detained.

The Immediate Consequences

As soon as your visa expires:

• You become unlawful: You have no right to work, study, or access Medicare.
• Hostile Environment: Banks, landlords, and employers conduct VEVO checks. Your bank account may be frozen, your lease cancelled, and employment terminated immediately to avoid strict liability offences.
• You are liable for detention: Border Force officers can detain anyone they know or reasonably suspect is an unlawful non-citizen.
• You are liable for removal: If you don't leave voluntarily, the government can pay for your removal-and then bill you for the cost. You cannot return until this debt is paid.

The 3-Year Re-Entry Ban (Exclusion Period)

The most long-lasting penalty for overstaying is the 3-year re-entry ban (Public Interest Criterion 4014).

This ban prevents you from being granted most temporary visas for 3 years after you leave Australia. It applies if:

1. You leave Australia as an unlawful non-citizen; OR
2. You leave Australia holding a Bridging Visa C, D, or E that was granted more than 28 days after your substantive visa expired.

The "28-Day Grace Period" Myth vs Reality

Many people believe there is a "28-day grace period" where overstaying is fine. This is false. You are unlawful from Day 1.

However, the 28-day rule relates to the re-entry ban:

• Leave within 28 days of expiry: You generally avoid the automatic 3-year ban (though you still have an overstay on your record).
• Leave after 28 days: You will almost certainly face the 3-year exclusion period unless you successfully apply for a waiver.

Legalising Your Status: The Bridging Visa E (BVE)

If you have overstayed, you generally cannot apply for a new substantive visa (like a Partner or Student visa) while in Australia due to Section 48 of the Migration Act (if you've had a refusal) or simply because you don't hold a substantive visa.

The only way to become "lawful" again without leaving is usually to apply for a Bridging Visa E (BVE - Subclass 050).

Purpose of a BVE

A BVE allows you to:

1. Make arrangements to depart Australia voluntarily.
2. Wait for a decision on a substantive visa application (if eligible).
3. Wait for a court or tribunal decision.

How to Apply: The New Online Portal (October 2025)

The Department has launched an Online Status Resolution Portal to encourage voluntary compliance. This allows you to book confidential appointments or apply for a BVE digitally without the fear of walking into an office and being immediately detained.

You must contact the Status Resolution Service (SRS) or apply via the Online Status Resolution Portal (if eligible).

Voluntary Departure vs. Deportation

There is a massive difference between leaving on your own terms and being deported (removed).

Voluntary Departure:

• You pay for your own ticket.
• You leave at a time of your choosing (within BVE limits).
• It shows compliance and "good character" for future applications.

Deportation (Removal):

• You are detained in an Immigration Detention Centre.
• Detention Debt: You are charged $538.79 per day (LIN 24/017) for your detention costs. A single month in detention creates a debt of over $16,000.
• You are escorted to the airport by guards (often handcuffed).
• The government pays, and you are billed for the cost (flights + security escorts can exceed $15,000).
• The debt to the Commonwealth prevents ANY future visa grant until paid in full (PIC 4004).
• It creates a permanent black mark on your immigration history for all countries (e.g., USA, UK, Canada often ask "Have you ever been deported?").

The "Partner Visa Trap" (Schedule 3)

Many overstayers think, "I'll just marry an Australian and get a Partner Visa." This is a trap. Unless you apply within 28 days of your visa expiring, you must meet Schedule 3 criteria, which requires showing "compelling reasons" effectively beyond your control for not holding a visa. Falling in love is NOT considered a compelling reason to waive this requirement. Most of these applications are refused, leaving you with no visa and a $9,000+ loss.

Can the 3-Year Ban Be Waived?

Yes, but it is difficult.

To waive the re-entry ban (PIC 4014), you must prove compelling and compassionate circumstances affecting the interests of an Australian citizen, permanent resident, or eligible NZ citizen.

Examples that might work:

• You have an Australian spouse and children who cannot relocate to your country.
• You overstayed due to a severe medical emergency (hospitalisation) that physically prevented you from leaving or applying for a visa.

Examples that likely WON'T work:

• "I forgot my expiry date."
• "I didn't have money for a ticket."
• "I wanted to save more money."

Essential Steps If You Have Overstayed

1. Do Not Panic: Panic leads to hiding, which makes the problem worse.
2. Check Your Visa Status: Use VEVO to confirm exactly when your visa expired.
3. Seek Professional Advice: Speak to a Registered Migration Agent immediately. We can assess if you are eligible for any onshore visas or if you must depart.
4. Apply for a BVE: Do this voluntarily to regain lawful status.
5. Depart Voluntarily: Arrange your travel plans.

How First Migration Can Help

If you or someone you know has overstayed, silence is not the solution. We handle these sensitive cases with confidentiality and non-judgment.

Our agents can:

• Help you apply for a Bridging Visa E to legalise your status.
• Negotiate with the Department on your behalf.
• Advise on waiver eligibility for re-entry bans.
• Plan your strategy for returning to Australia in the future.

We can help you fix this. We invite you to submit a confidential assessment or contact us urgently.