Can I Apply for Work Visa After Overstay in Australia?

Posted by ONEderland Consulting on May 1st, 2024

Can You Apply Work Visa After Overstay in Australia? Our Migration Agent Has The Answer!

Overstaying an Australian visa means you’ve stayed in Australia past the validity period of your visa. What usually happens if you overstay your visa in Australia is that the options to remain in Australia are very limited, even if you show valid reasons for overstaying your visa. And it also applies if you plan to lodge a work visa after overstay your Australian visa.

When you overstay your Australian visa, you will be subject to a condition called Schedule 3 Criteria. The Schedule 3 Criteria is additional criterion that you must meet when you lodged an onshore application after overstaying an Australian visa. Other than that, you might face a re-entry ban due to overstaying an Australian visa for more than 28 days.

If you plan to apply for a work visa after overstay in Australia, note that the re-entry ban may disallow you to do so. You have to fix your visa status and ensure to pass the re-entry ban period to apply for a work visa after overstay in Australia. Another important note is you must ensure that you meet the work visa requirements and assure the Australian Government that your skill will be beneficial for them despite your overstay history.

We have explained all the details that you need below.

How Do I Fix My Overstayed Visa?

To fix your overstayed visa, you must contact the Status Resolution Centre and explain all valid reasons for overstaying your visa. Don’t be afraid or panic. The Status Resolution Centre or any parts of the Department of Home Affairs will not arrest or detain you as long as you show your genuine intention to change your visa status.

After that, you must check how long you have overstayed your Australian Visa. Did you overstay your visa for less than 28 days or more than 28 days? And check your circumstances whether the situation requires you to remain in the country or is it better to leave Australia?

After checking these situations, you will have different options and consequences as explained below.

Options and Consequences If You Overstayed Less Than 28 Days

What happens if you overstay your visa in Australia less than 28 days, is that the situation will be difficult, but not that complex. All you need to do is contact the Status Resolution Centre and they will assist you with the immigration matters.

The good news is that you still have a chance to apply for a Bridging Visa and probably other substantive visa to remain in Australia. Still, you have to ensure that you’ve met the visa requirements.

Options and Consequences If You Overstayed More Than 28 Days

The situation will be more complex if you’ve overstayed your visa for more than 28 days. You are still required to report to the Department before leaving the country. If you attempt to leave the country without reporting, then you may be detained at the airport.

If you need more time to arrange your departure, the Status Resolution Centre will guide you to apply for a Bridging Visa E, but you must ensure that you will leave Australia before your Bridging Visa E expires.

And this is where the situation is getting worse. Once you leave the country, you will be banned from obtaining a visa or entering Australia for minimum 3 years, even though you show valid reasons for overstaying your visa.

If you previously overstayed an Australian visa, armed yourself with legal and concrete information only from the Registered Migration Agent, like ONEderland Consulting. ONEderland Consulting has been handling overstay visa cases since 2010, with 98% success rate. So you can rely on us if you face this case.

So, I can’t Apply for Work Visa After Overstay?

It’s difficult to judge, actually. Applying for a work visa after overstay in Australia is almost impossible, especially if you’re looking at onshore applications. You have to understand that the chance to apply for work visa after overstay is very limited and there are two factors to determine this question:

1. how long you have overstayed your visa; and most importantly,
2. whether you meet the required qualifications and work experience

Applying Work Visa After Overstay Less Than 28 Days

If you overstayed your Australian visa less than 28 days, the situation is still complex but not as difficult as overstaying a visa more than 28 days. There’s still hope to apply for a work visa here. However, what happens to your work visa option if you overstay less than 28 days in Australia is that your option will be limited to a Sponsorship based work visa from an Employer in the Australian Regional Area.

It means that you can only work legally in the Australian Regional Area after overstaying your visa. But, there are several things you must do before lodging your work visa:

1. Change your visa status by contacting the Status Resolution Centre
2. Find yourself a sponsor based in Australian Regional Area
3. Ensure you meet the qualifications, work experience and other requirements

Ensuring that you meet the qualifications for a work visa is very important. Don’t ever lodge any work visa applications after overstay in Australia if you’re not sure. Talk to us if you have any concerns about lodging a work visa after overstay.

Applying Work Visa After Overstay More Than 28 Days

The situation is complicated if you overstay your visa for more than 28 days. There’s almost no chance to lodge a work visa after overstay for more than 28 days, even if you leave Australia willingly.

It considers that you probably have the 3 years re-entry ban, as explained above on what happens if you overstay your visa for more than 28 days in Australia. The re-entry ban does not allow you to lodge or be granted any visas for 3 years, including work visa.

It’s always best to pass the 3 years re-entry ban period before lodging a work visa. While during that 3 year period, you can enrich yourself with qualifications and work experience to meet the work visa requirements.

Please keep in mind that all of your Australian visa history will be recorded and determined for your next Australian visa application, including all valid reasons that you claimed for overstaying your visa. So, though you’ve passed the 3 years re-entry ban, your work visa application will still be complex due to your overstay history.

Please also note that the options explained above are only for general guidance. One’s case is different to others. So, if you have a similar situation, consider engaging a Registered Migration Agent to handle your work visa application. Engaging a Registered Migration Agent will ease your concern and ensure your application meets all relevant criteria and laws.

Tips to Avoid Overstaying Australian Visa

We believe you’ve understood what happens if you overstay your visa in Australia. So, it’s best to avoid this situation at all costs. And you can do the following to avoid overstaying Australian Visa:

1. Check your visa status regularly

You can check your visa status with VEVO Check. It only requires some information about your travel document and visa application reference number. You can find other information about your visa with VEVO Check, like visa conditions, visa grant numbers, etc.

Otherwise, you can keep the soft copy of your Australian visa on your phone. That way, you can check your visa expiry date easily.

2. Set calendar reminders

We’ve found many Australian visa holders did not intend to overstay their visa. Mostly, they forgot the expiry date of their visa, which then led them to overstay.

To avoid this, you can simply set calendar reminders. You can set the reminders 3 weeks before your visa expires, so you will have enough time to prepare your departure or do little research to extend your visa.

3. Explore visa options to extend your stay

If your situation forces you to extend your stay in Australia, for example, you had an incident while exploring Australia or that your family member suddenly requires care from you, always explore the visa options to extend your stay.

It’s best to explore the visa options 6 weeks before your visa expires so you will have enough time to prepare your new visa application.

But if the situation is urgent where you only have a few days left, we strongly recommend you to contact us. We will guide you thoroughly and ensure a new visa application is submitted before your current visa expires.