- Australia’s Department of Home Affairs has outlined three formal consequences for foreigners who remain in the country after their visa expires
- Overstaying by more than 28 days could trigger a multi-year restriction on future visa applications to Australia
- The Australian government has also clarified that overstayers can be billed for the full cost of their own deportation
Australia’s Department of Home Affairs has published a formal warning on its official immigration website detailing the legal consequences facing foreign nationals who remain in the country beyond the expiry of their visa.
The department states clearly that residing in Australia without a valid visa is unlawful. Foreign nationals in that position who cannot obtain a new substantive visa from within Australia are required to depart the country voluntarily.
Those who refuse or fail to do so face a graduated set of enforcement measures.
What authorities can do to visa overstayers
The first consequence is immigration detention. Authorities hold the power to place overstayers in a detention facility while their case is reviewed or while removal arrangements are being made.
The second is forced removal. The government retains the right to physically remove a foreign national from Australian territory, irrespective of that person’s wishes or circumstances.
The third consequence carries a direct financial sting: overstayers can be invoiced for the full cost of their own removal from Australia. That liability is in addition to any other penalties they may face.
The 3-year visa ban
Beyond those immediate enforcement measures, the department has also outlined a longer-term penalty for those who overstay for a substantial period. Any foreign national who departs Australia after spending more than 28 days in the country without a valid visa may be barred from applying for future Australian visas for a period of up to three years.
The department notes that exceptions to this restriction exist in limited circumstances, though it does not elaborate further on what those circumstances entail.
The department also reminds visa holders that they are entitled to leave Australia at any point of their choosing and encourages anyone whose visa has expired or is approaching expiry to begin departure arrangements as early as possible. It further advises individuals to confirm whether they are eligible to apply for a new visa before making any decisions.
Australia lists countries eligible for 10-year visitor visa
Earlier,.gh reported that Australia had listed the countries eligible for its Frequent Traveller stream under the Visitor visa (subclass 600).
Australia’s Frequent Traveller stream is exclusively available to citizens of 11 countries:
China, Brunei, Cambodia, the Philippines, Laos, Indonesia, Malaysia, Singapore, Thailand, Vietnam, and Timor-Leste.
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