Australia Lists 3 Consequences for Foreigners Who Refuse to Leave Country After Visa Expires

Australia Lists 3 Consequences for Foreigners Who Refuse to Leave Country After Visa Expires

  • Australia's Department of Home Affairs has outlined what happens to foreigners who remain in the country after their visa has expired
  • Overstaying a visa for more than 28 days in Australia could trigger a ban on future visa applications lasting up to 3 years
  • The Australian government has made clear that staying without a valid visa is unlawful, with several enforcement options available to authorities

Australia's Department of Home Affairs has set out three specific consequences facing foreigners who remain in the country after their visa has lapsed, in a clear warning published on its official immigration website.

According to the department, staying in Australia without a valid visa is considered unlawful. Foreigners in that situation who are unable to secure a new substantive visa from within Australia are required to leave. Those who fail to do so face a series of escalating consequences.

Australia Lists 3 Consequences for Foreigners Who Refuse to Leave Country After Visa Expires
Australia Lists 3 Consequences for Foreigners Who Refuse to Leave Country After Visa Expires
Source: Getty Images

What Australia Can Do to Overstayers

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1. The first consequence is detention. Authorities have the power to hold visa overstayers in immigration detention while their case is being processed or while arrangements are made for their removal.

2. The second consequence is forced removal from the country. The government can arrange for the individual to be physically removed from Australian territory, regardless of their wishes.

3. The third consequence is arguably the most financially painful: the individual can be billed for the full cost of their own removal. This means the overstayer could face a significant financial liability on top of everything else.

The 3-Year Visa Ban Explained

Beyond those three immediate consequences, there is an additional long-term penalty for those who overstay by a significant period. Any foreign national who departs Australia having spent more than 28 days in the country without a valid visa may face a refusal of future visa applications for a period of up to three years.

The department notes that this restriction applies except in limited circumstances, though it does not elaborate on what those exceptions might be.

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The department also reminds visa holders that they are free to leave Australia at any time of their choosing. It encourages those whose visas have expired or are about to expire to make arrangements to depart as early as possible and to check whether they qualify to apply for a new visa before taking any further steps.

Legit.ng has also published residency years for foreigners who want to become Qatari citizens.

Citizenship: Australia mentions residency years for foreigners

Meanwhile, Legit.ng previously reported that Australia's Department of Home Affairs outlined the residence requirement foreigners must meet before applying for citizenship.

Applicants must have lived in Australia on a valid visa for a number of years before the date they apply for citizenship.

The rules also specify how much time applicants are allowed to have spent outside Australia during that period.

Source: Legit.ng

Authors:
Victoria Nwahiri avatar

Victoria Nwahiri (Human Interest Editor) Victoria Nwahiri is an award-winning Reuters-certified journalist with 5+ years of experience in digital, social media, and print journalism. She has extensively covered lifestyle, entertainment, and human interest stories that have impacted and attracted top policymakers. She is currently a Human Interest Editor at Legit.ng and can be reached via victoria.nwahiri@corp.legit.ng

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