What is an “Unlawful non-citizen”?
The description “Unlawful non-citizen” means that you do not hold a valid visa and therefore are in Australia illegally. You are breaking the law. This can happen accidentally through a genuine mistake or you may have deliberately chosen to overstay your visa.
Examples:
- You have been refused a Visa, have appealed to the Migration Review Tribunal (MRT) and you did not read the Department letter that advises you that you MUST apply for a Bridging Visa to keep you legal until your Appeal is finalised.
- Your Visa has expired, you intended applying for another Visa but have not done so and have missed the expiry date of your Visa. An example is where you have completed your study program and want to continue with further study, maybe at University.
- Your Visa has expired or was cancelled by the Department, you should have left Australia and you have NOT done so.
- There are many other situations that can lead to you becoming an “unlawful non-citizen”. If you are uncertain call us and with your permission we can check for you.
What can happen to me?
This will depend on your circumstances but you do have ways to resolve your situation. These will depend on your personal circumstances, how you became unlawful and what you plan to do about it.
- If you contact the Department (I can help you) and admit to not having a Visa they will consider your circumstances and at least give you a temporary Bridging Visa to give you time to sort out some plans. In some cases you may be able to stay and lodge another application for a Visa. In others they will assist you to plan your travel to your home country.
- If you do nothing the end result is that you will almost certainly be DEPORTED. If this happens you can be banned from ever returning to Australia or at least for many years.
How does the Department find me?
Have you heard of computers? The Department of Immigration and Citizenship computers can “talk” to computers in the Departments that register Marriages so if you get married they can find your spouse and his or her address. They can talk to the computers that hold driving licence records so if you get a driver’s licence, bingo, they can find you.
There are many other areas of government and business that the Department computers can find you through. Did you know that they may know exactly when and where you have traveled if you buy tickets? Bank account – another way of being found.
The worst way would be to have Department officers arrive at your home or work with police and arrest you. You go into detention in most cases and sometimes your friends, family or employer can receive fines. How embarrassing it is to be sent to your home country escorted onto the plane by Department security officers.
You may get away with being illegal for a long time or you may be found quickly. It is a lotto draw with detention as the prize. Some win!!
Can I help you?
Absolutely yes. It is always best to go to the Department and get a temporary Visa but it is important that you have a plan that gives you the best outcome.
I was asked to arrange a spouse Visa for a couple and during the interview with them I picked up that the partner from overseas was “unlawful”. I was able to negotiate a Bridging Visa that gave the person time to sort out their affairs, return to their home country and then legitimately apply for a partner Visa to come back. It was not easy but with careful planning, the end result was OK.
Call me for help as soon as you can. I am good but I can’t perform miracles if you stay “unlawful”.