Overstaying – Unlawful – Detention – Bridging Visa | BMS Global

Overstaying – Unlawful – Detention – Bridging Visa

– Further Options

Often we come across people who have overstayed in Australia on their tourist visa, overseas student visa, temporary work visa or a kind of visa that allowed them to come to Australia on temporary basis. If you overstay you breached conditions imposed on your visa and if caught by officials of Dept. of Immigration & Citizenship you can be detained and put under detention for removal from Australia. Some visa holders breached their conditions and if it comes to notice of Dept. of Immigration & Citizenship, your visa can be cancelled and you can be put under detention. In any case it is not ethical to remain in Australia unlawful and you must depart Australia. However, in some circumstances you may have an opportunity to come out of detention and receive bridging visa and you may have further options to apply for another kind of visa. All these processes are very complex and once you are detained you will get very little time to pursue your case further. It can also be costly for you as Dept. of Immigration & Citizenship can very well ask a sizeable BOND say anything between$10,000 to 25,000 or more or less and you would not be able to meet with their requirements. On top of Bond, you will end up costs of registered agent or lawyer as the case may be.

 

The best way to avoid the above said situation would be to seek initial consulting as soon as you arrive in Australia regarding your options of staying in Australia. If you missed out on initial consulting then the best way to avoid the above situations would be to contact Dept. of Immigration & Citizenship as soon as your visa expires and Dept. of Immigration & Citizenship will be very happy to assist you to make your departure from Australia if you do not have any further options of applying further visa in Australia. If you missed out this opportunity, you should seek advice from experienced registered migration agent or solicitor as soon as you either become unlawful or end up in detention because time limit given in detention is very limited. Please bear in mind that this situation is serious and costly. Costly for the reasons that if you were refused bridging visa you will end up in Tribunal Appeal and you will have to bear govt. fees of Tribunal and costs of registered migration agent or solicitor. You will then end up Hon Ministerial appeal if allowed to appeal and again you will have to bear costs of your representative who would assist you to lodge an appeal to Hon Minister. Also bear in mind that Dept. of Immigration & Citizenship can ask you Bond Money to release you from detention. You must avoid such situations under any circumstances and you must not become unlawful non-citizen in Australia under any circumstances. You must depart Australia before expiry of visa so that you will have opportunity to return to Australia in future if you would be eligible to apply further visa in future.