Unlawful Non Citizen Australia Options

Unlawful Non-Citizen Australia Visa Options

One potential option for some unlawful non-citizens is a Bridging Visa E (subclass 050). It is a short-term visa that can allow eligible people to remain lawful while their immigration status is being resolved. It may be relevant in circumstances involving a substantive visa application, merits or judicial review, arrangements to depart Australia, or certain Ministerial Intervention matters.

A Bridging Visa E is not a general solution that automatically provides a pathway to permanent residence or another substantive visa. The Department of Home Affairs states that if your visa has expired and you cannot depart Australia, you may need to apply for a Bridging Visa E. Eligibility and conditions depend on the circumstances of the individual case.

If you are looking for visa options for unlawful non-citizens Australia, you should not assume that you can simply lodge any standard temporary or permanent visa application. Some visa applications have specific onshore requirements and other legal restrictions may apply to people who are unlawful. Your immigration history should therefore be reviewed before deciding which application, if any, should be made.

Can an Unlawful Non-Citizen Apply for a Visa?

In some circumstances, an unlawful non-citizen Australia may have an available visa or status-resolution pathway, but this cannot be assumed. The Department of Home Affairs specifically advises people without a valid visa to check whether they might be able to apply for a new visa. Certain applications may be restricted by the person's immigration history, visa conditions or other provisions of Australian migration law.

If there is no available visa pathway, the person may be required to leave Australia. The Department states that remaining in Australia without a valid visa can result in detention and removal. A person who leaves Australia after being without a valid visa for more than 28 days may also face a possible refusal of another visa for up to three years, subject to limited exceptions.

The official Immigration Status Resolution Service provides information for people who cannot resolve their immigration status and may help explain available options. If your situation is urgent or complicated, obtaining professional immigration advice before taking action may also be appropriate.

Frequently Asked Questions

1. What is an unlawful non-citizen in Australia?

An unlawful non-citizen is a non-citizen who does not hold a valid visa to remain in Australia. This can happen when a visa expires or ceases to be in effect and no other visa is held.

2. What should an unlawful non-citizen Australia do?

You should determine your current immigration status immediately and check whether you may be eligible for another visa or a status-resolution option. The Department of Home Affairs Immigration Status Resolution Service can also provide information about available options.

3. Can an unlawful non-citizen apply for a Bridging Visa E?

Some unlawful non-citizens may be eligible for a Bridging Visa E, depending on their circumstances. A Bridging Visa E can provide lawful status for eligible people while certain immigration matters are being resolved or departure arrangements are being made.

4. Can an unlawful non-citizen apply for another Australian visa?

Possibly, but it depends on the visa and the person's individual circumstances. Some applications may be restricted when a person is unlawful, so eligibility should be checked before lodging an application.

5. What happens if an unlawful non-citizen cannot get another visa?

If there is no available visa option, the person may need to leave Australia. The Department of Home Affairs states that a person without a valid visa who does not leave may be detained and removed from Australia. Departure can also affect future visa applications.