Unlawful Status Problems
Unlawful in Australia? There may still be options.
If you are in Australia without a valid visa, you are an 'unlawful non-citizen' under the Migration Act. This is a serious situation — you face the risk of immigration detention, removal from Australia, and a re-entry ban of 3 years or more. However, depending on your circumstances, there may be options available to regularise your status. The key is to act immediately.
People become unlawful in Australia for various reasons: their visa expired before they could lodge a new application, their visa was cancelled, they arrived without a valid visa, or their bridging visa ceased. Whatever the reason, being unlawful means you have no legal right to remain in Australia, you cannot work, and you are liable to detention and removal.
In some cases, it is possible to regularise your status by applying for a Bridging Visa E (BVE) or lodging a new visa application (if you are eligible to apply from an unlawful status). Certain visa subclasses can be applied for even if you are unlawful, including protection visas and some family visas. I can assess your specific situation and advise on what options are available.
If you have been in Australia unlawfully, you may be subject to a 3-year exclusion period that prevents you from being granted most visas. In some cases, this exclusion period can be waived. I advise on whether a waiver is available in your circumstances and how to apply for one.
What I do
- Assess your current status and identify all available options to regularise your situation
- Apply for a Bridging Visa E (BVE) to allow you to remain lawfully while options are explored
- Lodge visa applications from unlawful status where permitted
- Advise on the 3-year exclusion period and whether a waiver is available
- Represent you in any dealings with immigration compliance officers
- Prepare representations to prevent or delay removal from Australia
- Advise on voluntary departure options if no visa pathway is available