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[swissie]

Most of us know what can happen if a Farang get's caught in an "Overstay" situation in Thailand. What happens if somebody get's caught in an "Overstay" situation in AUSTRALIA ? Thanks!

Cheers.

[Farma]

A quick google for "visa overstay Australia" gives a good reply on the aussielegal website. A reply dated January last year by a former NT police/immigration officer is detailed. Arrest, intense questioning and deportation for people caught plus the bill for days spent in detention and the flight home.

[rfukata]

usually in any western countries any illegal or knowingly overstay's will result in detention, deportation and black listed from seeking an entry visa. you should immediately seek assistance with the immigration authorities to see if you can extend and or any options to prevent yourself from being deported and blacklisted.

[xen]

Plus five years before you can even consider re-applying for another visa

[antony77]

If you are white, you will just get deported. If you are Asian you will be put in a concentration camp for illegal immigrants.

[egg]

antony77, on 2010-03-19 10:38:33, said:

If you are white, you will just get deported. If you are Asian you will be put in a concentration camp for illegal immigrants.

a "concentration camp" ,, WOW ,,, Adolf Rudd must be worried about an Asian uprising
cheers
egg

[Jonathanpattaya]

Transportation to England perhaps?

[doggie888888]

If you get caught, it's deportation and blacklisting I think for a fixed period. But if you don't and manage to stay under the radar for a few years, I thnk the government offers an amnesty from time to time? I don't really know the details but I knew someone who was an overstayer; he managed to go undetected for at least 10 years (and managed to survive in the cash economy) and then one day, the government granted amnesty for anyone who arrived before a certain date. This was in the 90s though.

[grapetable]

Banned for 3 years minimum and or fine.

[xen]

I wouldn't really describe Villawood detenion centre as a concentration camp. The problem is that if u go inside , like any prison or lock-up, you do have to mix witth some bad boys who have done some pretty bad things even tho your crime may have only been to work without a valid work visa. Been out there a few times visiting thai friends and employees who got caught up in the raids our previous government used to launch every Friday night on Thai Restaurants. Some of those tactics were pure stormtropper stuff but who gave a stuff about how a few workers were treated.They were illegals!!!! My ex- wife would employ them and believe what they said about having valid work visas rather than sight their passports and the visa. Problem is that a lot of thais think they are smarter than the government and those rules don't apply to them .. Bad mistake. There are also heavy fines and even imprisionment for anybody caught employing anybody without a valid work permit.

[Old Croc]

To correct some of the crap printed above the following is the process:

Firstly the laws are exactly the same for all nationalities, although some people may feel they fit the UN convention for refugees and may make an application to be considered for that status and will be dealt with differently.

For your average garden variety, tourist overstayer, who is located by Immigration, the person is considered to be in custody unless or until they hold a new visa. At the judgement of the officer, a bridging visa (E) can be issued to allow the person to remain in the community until an event takes place. This event could be the lodgement of an application for a new, more permanent visa (if able, very difficult for most) or voluntary departure from the country. Conditions placed on this type of visa may be a cash bond or the provision of a departure ticket.
If a BVE is not issued because the officer decides they are unlikely to abide by conditions or abscond, the overstayer stays in custody (detention centre, not a processing centre for boat arrivals (both are a long way from a concentration camp!)) until another event occurs (removal).


Overstayers are generally not deported, but removed. Deportation is a formal process usually reserved the the worst of the worst and can involve permant banning from return.

You will probably get a bill for costs which must be repaid before any future visa is issued.

People who overstay, or are refused entry at a port, are usually banned from applying for a new visa for three years. This can be waived at the discretion of the embassy if the application is for a permant visa (eg spouse).

I think the last amnesty was early eighties, definately not the nineties as someone stated. There won't be another one.

Edited by Old Croc, 2010-03-19 16:40:13.

[bridge]

Old Croc, on 2010-03-19 16:35:41, said:

To correct some of the crap printed above the following is the process:

Firstly the laws are exactly the same for all nationalities, although some people may feel they fit the UN convention for refugees and may make an application to be considered for that status and will be dealt with differently.

For your average garden variety, tourist overstayer, who is located by Immigration, the person is considered to be in custody unless or until they hold a new visa. At the judgement of the officer, a bridging visa (E) can be issued to allow the person to remain in the community until an event takes place. This event could be the lodgement of an application for a new, more permanent visa (if able, very difficult for most) or voluntary departure from the country. Conditions placed on this type of visa may be a cash bond or the provision of a departure ticket.
If a BVE is not issued because the officer decides they are unlikely to abide by conditions or abscond, the overstayer stays in custody (detention centre, not a processing centre for boat arrivals (both are a long way from a concentration camp!)) until another event occurs (removal).


Overstayers are generally not deported, but removed. Deportation is a formal process usually reserved the the worst of the worst and can involve permant banning from return.

You will probably get a bill for costs which must be repaid before any future visa is issued.

People who overstay, or are refused entry at a port, are usually banned from applying for a new visa for three years. This can be waived at the discretion of the embassy if the application is for a permant visa (eg spouse).

I think the last amnesty was early eighties, definately not the nineties as someone stated. There won't be another one.

People in Australia since pre April 1978 w/o a valid visa may have an Absorbed Person Visa.

[Old Croc]

bridge, on 2010-03-19 21:54:47, said:

Old Croc, on 2010-03-19 16:35:41, said:

I think the last amnesty was early eighties, definately not the nineties as someone stated. There won't be another one.

People in Australia since pre April 1978 w/o a valid visa may have an Absorbed Person Visa.

Very strict conditions on the absorbed persons visa.
They had to be in the country illegally before April 1984 and never left.
Haven't heard of one for at least 15 years. Doubt there is anyone left who hasn't come forward.

[tharae]

antony77, on 2010-03-19 11:38:33, said:

If you are white, you will just get deported. If you are Asian you will be put in a concentration camp for illegal immigrants.

...............and after a few years, then get deported.

[tharae]

Jonathanpattaya, on 2010-03-19 12:14:09, said:

Transportation to England perhaps?

The punishment should fit the crime. That would be extreme.

[gburns57au]

Some friends of a friend (English) overstayed by 2 years.....they got caught and were given a week to show airline tickets out for the following week.....the alternative was to be arrested and placed into Detention. They took the first option and were not allowed re entry for 5 years....this was some time ago.

They do give you a chance before putting you in the slammer in most cases......

If you had overstayed by a couple of weeks and declared yourself then I think that the consequence could well be minimal.

[Chris Lawrence]

It all depends on how good the story.

I have heard of one overstayer go back and have a visa to come back in 8 mths. Then permanent after 2 years. Go figure

But what is the OP wanting to know? war stories or has a situation?

[Old Croc]

tharae, on 2010-03-21 17:35:01, said:

antony77, on 2010-03-19 11:38:33, said:

If you are white, you will just get deported. If you are Asian you will be put in a concentration camp for illegal immigrants.

...............and after a few years, then get deported.

The above two statements are total nonsense.

[Old Croc]

Chris Lawrence, on 2010-03-21 19:49:28, said:

I have heard of one overstayer go back and have a visa to come back in 8 mths. Then permanent after 2 years. Go figure

Old Croc, on 2010-03-19 16:35:41, said:

People who overstay, or are refused entry at a port, are usually banned from applying for a new visa for three years. This can be waived at the discretion of the embassy if the application is for a permant visa (eg spouse).

[Ronaldo69]

antony77, on 2010-03-19 10:38:33, said:

If you are white, you will just get deported. If you are Asian you will be put in a concentration camp for illegal immigrants.

What a pathetic and erroneous load of BULLS--T! Have you had any such experience on which to base it? I seriously doubt it! In my extensive experience, if anyone is simply an overstayer, of whatever complexion, they are certainly detained because of it, and are normally given the option to depart voluntarily at their own expense. If they do not volunteer or don't have the means, they are then deported with varying re-entry exclusion periods applied.
As well, they are expected to pay the costs of their detention and deportation, and dis-allowed re-entry while that debt remains outstanding.
Sounds to me like you may be a disgruntled asian who has had to be forcibly removed from Australia and now wanting to grinding your now rusty axe. GET REAL!

[OZEMADE]

Ronaldo69, on 2010-03-21 19:32:07, said:

antony77, on 2010-03-19 10:38:33, said:

If you are white, you will just get deported. If you are Asian you will be put in a concentration camp for illegal immigrants.

What a pathetic and erroneous load of BULLS--T! Have you had any such experience on which to base it? I seriously doubt it! In my extensive experience, if anyone is simply an overstayer, of whatever complexion, they are certainly detained because of it, and are normally given the option to depart voluntarily at their own expense. If they do not volunteer or don't have the means, they are then deported with varying re-entry exclusion periods applied.
As well, they are expected to pay the costs of their detention and deportation, and dis-allowed re-entry while that debt remains outstanding.
Sounds to me like you may be a disgruntled asian who has had to be forcibly removed from Australia and now wanting to grinding your now rusty axe. GET REAL!

<H2 style="MARGIN: auto 0cm">Extending Your Stay </H2>To remain longer in Australia than your original visa allows, you are required to obtain another visa. If you wish to remain in Australia for tourism or recreational purposes or to visit family or friends, you may apply for a Tourist visa.

If you are refused a further visa, you must leave Australia before the expiry of your original visa.

'No further stay' condition.

Your visa may be granted with a 'No further stay' condition. If this is the case, you will not be granted any other visa (except for a Protection visa) while you remain in Australia. This condition may be waived in exceptional circumstances.

Sponsorship

If you have previously sponsored a visitor as a sponsored visitor, and your visitor did not abide by the conditions of their visa, you will be ineligible to sponsor another visitor in the same visa class for five (5) years. There are only limited circumstances under which you can apply to have the five (5) year bar on further sponsorships lifted.

Cancellation

A person in Australia who has their visa cancelled becomes an unlawful non-citizen and is liable to be detained and removed from Australia. If they choose to seek a review of the decision, they may be granted a bridging visa to maintain lawful status while they pursue the review. Others may be granted a bridging visa to prepare for their voluntary departure or to pursue other visa applications, if eligible. Still others will be detained, and if unable to pay for their own departure, will be removed at departmental expense. Persons who are removed in this way incur a debt to the Commonwealth and are not able to return to Australia until that debt is repaid. Depending on the grounds used to cancel, a person who has their visa cancelled may also be subject to an exclusion period. Exclusion periods generally operate to prevent the grant of a further temporary visa for the duration of the exclusion period. The period of exclusion varies from three years to permanent exclusion from Australia in the case of cancellation under certain parts of section 501 of the Act.

That's the bad news. Depending on the Visa issued. I am under the impression you have a 3 month Tourist Visa, if that is the case all the above comes into force. No arguement.

Edited by OZEMADE, 2010-03-22 02:01:34.

[Chris Lawrence]

Old Croc, on 2010-03-21 20:08:37, said:

Chris Lawrence, on 2010-03-21 19:49:28, said:

I have heard of one overstayer go back and have a visa to come back in 8 mths. Then permanent after 2 years. Go figure

Old Croc, on 2010-03-19 16:35:41, said:

People who overstay, or are refused entry at a port, are usually banned from applying for a new visa for three years. This can be waived at the discretion of the embassy if the application is for a permant visa (eg spouse).

And that is what it was for.

[reallyok]

grapetable, on 2010-03-19 11:21:27, said:

Banned for 3 years minimum and or fine.

YES!..........my brother overstayed 3 months. When he fronted at Brisbane airport for the flight home to UK, he was questioned,mainly about possibly working, which he did not do. Then given a tap on the wrist (naughty boy) and told that he need not apply for another visa for 3 years. He came back 4 yrs later .........no problems !