Unlawful Status Problems

 

If you are in Australia without a valid visa, you are considered an unlawful non-citizen. This can happen if your visa expired, was cancelled, or you entered the country without a visa. Being in Australia unlawfully can lead to detention, deportation, and re-entry bans, but there may still be legal pathways to remain lawfully.

I have helped many individuals resolve their unlawful status and secure visas before facing deportation. If you’re in this situation, you must act quickly—the longer you remain unlawful, the fewer options you may have.

What Happens If You Are in Australia Unlawfully?

🚨 You are at risk of immigration detention – The Department of Home Affairs can detain and remove you from Australia.
🚨 You may be banned from returning – Overstaying for 28 days or more can lead to a three-year re-entry ban.
🚨 You cannot legally work or study – Holding no valid visa means you lose your work and study rights.
🚨 You may struggle to get a new visa – Applying for another visa onshore may be difficult unless you meet certain exceptions.

🔗 Read more about Bridging Visas – How to Stay Lawfully in Australia.

How Do You Become an Unlawful Non-Citizen?

You may be considered unlawful if:

❌ Your visa has expired, and you did not apply for another visa in time.
❌ Your visa was cancelled, and you have not been granted another visa.
❌ You entered Australia without a visa (very rare cases).

The most common reason for unlawful status is overstaying a visa.

What Are Your Options If You Are in Australia Unlawfully?

1. Apply for a Bridging Visa E (BVE) Immediately

A Bridging Visa E (BVE) (Subclass 050 or 051) allows you to:

✔ Stay in Australia lawfully while you prepare to leave or apply for another visa.
✔ Avoid immigration detention while your situation is resolved.
✔ Potentially apply for work rights if you can prove financial hardship.

🔗 Learn more about Bridging Visas & Work Rights.

2. Apply for Another Visa (If Eligible)

You may still be able to apply for another visa if:

✔ You meet the Schedule 3 criteria, allowing unlawful applicants to apply for a new visa in exceptional circumstances.
✔ You have compelling reasons, such as family ties, long-term residence, or humanitarian grounds.

🔗 Read about Schedule 3 Criteria & Bridging Visa Holders.

3. Consider Ministerial Intervention

If all options fail, you may be able to request Ministerial Intervention under Section 351 or 417 of the Migration Act. The Minister has the power to grant a visa in exceptional cases where it is in the public interest.

🔗 Learn about Ministerial Intervention & Last-Resort Options.

What If You Are Facing Detention or Deportation?

🚨 If you are detained, you must act quickly to:

🔹 Apply for a Bridging Visa E to remain lawfully in Australia.
🔹 Seek legal advice to challenge detention or removal orders.
🔹 Appeal a visa cancellation if your visa was cancelled unfairly.

🔗 Read about Visa Cancellation Appeals & Avoiding Deportation.

How to Avoid Becoming Unlawful in Australia

✔ Track your visa expiry date and apply for a new visa before your current one expires.
✔ Do not ignore visa cancellation notices – respond quickly to avoid removal.
✔ Apply for a Bridging Visa if needed – staying lawful gives you more visa options.
✔ Seek legal help before your visa expires to explore all possible solutions.

Need Help Fixing Your Unlawful Status? Let’s Talk.

Being unlawful in Australia is a serious issue, but there may still be options to fix your status. I have successfully helped clients apply for bridging visas, new visas, and Ministerial Intervention requests to remain in Australia lawfully.

📅 Book a consultation today: Schedule an Appointment

Let’s find the best legal solution for your situation.