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I don't have a visa

If your visa expires or is cancelled while you are still in Australia you become an
"unlawful non-citizen"
unless you hold another valid visa. Once you become unlawful,
you could be detained by DIMIA compliance officers and removed from Australia as soon
as practical.


How do I become an “Unlawful Non-Citizen”?
You can become an unlawful non-citizen in three ways:
1. Overstaying your visa: Overstayers are those non-citizens who do not leave Australia by the
date their visa expires, and who remain in Australia illegally. Persons who overstay their visa by
more than 28 days become subject to an exclusion period that prevents them from being granted
a temporary visa to travel to Australia for three years. This exclusion period applies whether they
leave voluntarily or not.


2. Having your visa cancelled


3. Arriving in Australia without a valid visa.


For more information on unlawful non-citizens see DIMIA
Fact Sheet 86 - Overstayers and People in Breach of Visa Conditions
and
About illegal migration, detention.

For more information about Bridging Visas see DIMIA Form 1024i.

You will need the Adobe Reader, version 4 or later, on your computer. For help with using PDF
click here.

What do I do if I become an unlawful non-citizen?

If you become aware that you are an "unlawful non-citizen" you should make immediate
arrangements to depart.


Contact the compliance section of your nearest regional office with evidence of your departure
booking. If you are eligible, a DIMIA officer will grant you a bridging visa to give you lawful status
for a short time so that you can organise your personal affairs before departing Australia or lodge an application for a new visa, where applicable.


If you are unsure about what to do, seek legal advice.

To apply for a Bridging Visa, download and complete the appropriate form:
Form 1008, Application for bridging visa.

You will need the Adobe Reader, version 4 or later, on your computer. For help with using PDF
click here.

 

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Last update: 6/08/10

LEGAL DISCLAIMER
The information on this website is not a substitute for legal advice.
If you have legal questions about a case, you should seek assistance from RAILS or another registered migration agent. Immigration law is constantly changing and no responsibility is taken for the accuracy of any information that may appear on this or any linked websites.

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