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Overstaying Visa


Mr Keeler

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I have been in Australia on a working holiday visa since August 2013 and my 2 years are almost up! I want to stay here until late november, as it will be cheaper flying back to the UK from here rather than New Zealand (where i would be going if i left in august).

 

 

I am going to japan in january for 2 months so i do not want to waste my "year" in New Zealand.

How bad would it be if i "overstayed" my visa by 3 months?

What are my options?

 

 

Any help would be greatly appreciated.

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You would be subject to a three year ban from Australia, which can be wavered if you apply and are granted a PR visa I believe. It depends how bad you feel being an illegal overstayer, and being illegal in Australia is I guess... deportation isn't usually well looked upon either...

 

I'm not sure if being an overstayer in Australia would have an impact upon being admitted to NZ? Someone else might know more about that. It certainly won't reflect well on your character - it makes you a risky person to admit in case you don't leave there either.

 

Applying for a tourist visa might be an option, but given you have already had two years on a WHV this may not be approved.

Edited by Tickled Pink
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You would risk a three year ban.

 

Countries routinely share information, so you may be deemed a risk and refused admission.

 

Would you also plan to work during the three months of illegal overstay? Not a good idea.

 

I guess it may be possible for you to leave and come back legally as a tourist (non working) for a while.

Edited by Sammy1
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My (ex) husband overstayed by 10 months back when we first met. He got a three year ban and we then had the worry every time we went to another country that they wouldn't let him in as he had a history of over staying visas. Then coming here to live too we had that worry.

Could you not spend three months somewhere other than NZ? South East asia?

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Well unless you want to be illegal in the country, receive a 3 year ban on departure, and risk refusal of entry into NZ, I would try for a tourist visa.

 

However, the people that issue such visas will not care that you have chosen to work not travel during your WHV - that was your choice, not theirs. They may still refuse tourist visa on basis that you have had more than adequate chance to see the country.

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Is being caught not a sure thing? I mean when you exit they surely won't just stamp your passport and send you on your way... its all computerised isn't it?

Worst case scenario in applying for a tourist visa is they say no. Then you're back to square one but if it were me I'd spend the extra on a ticket home rather than risk exclusion and a mark on my character.

 

Hope all goes well

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Apply for a tourist visa and see what happens. I don't know enough to advise you but I'd like to think DIBP could be contacted, or they might contact you to ask questions. You clearly have plans to leave and by trying to stay legitimately you show you're doing the right thing.

 

If you're seeing someone it won't last long if you can't return until nearly 2019!

 

Contact DIBP to find out if a tourist visa can be granted after a WHV. It's probably a FAQ on the website xx

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It's the kind of thing that seems harmless, but comes back to bite you on the bum later. Get away with it now and you'll face extra scrutiny (and have to explain yourself) when the overstay shows up if you apply for another Australian visa. Get caught and you face a three year ban and even more hassle if you do ever need to apply for another Aussie visa (or for anywhere else for that matter)...

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But i would be putting my hard earned money back in to the economy so surely they will want that?

.

 

Anybody living in Australia could say that and so if it were the only thing that mattered well there would be no visa required for anyone.

 

If you overstay, you will be caught when you eventually leave the country and I believe the three year exclusion is a certainty, not a possibility. It will then hang over you for the rest of your life, you will have to declare it when you travel to many countries and on any subsequent visa applications you make, including the NZ one. It isn't worth it.

 

See if you can get a tourist visa, doubtful, but you never know. If you can't get one, then start to make other plans, traveling SE Asia sounds good to me.

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I was under the impression that the ban would be automatic as you left the country without a visa... blossom might know how this works though as her ex went through it. I didn't think that 'slipping unnoticed out of the country' was possible. You get checked in, you get checked out... can you even buy an air ticket with no visa??

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But i would be putting my hard earned money back in to the economy so surely they will want that?

Also, I'm seeing this girl so thats another reason i want to stay here.

 

Unfortunately there is a far bigger picture than the fact you will be putting your earnings back into the economy, whatever earnings you have saved in the bank are extremely unlikely to make a difference on the current situation in Australia.

 

The point you make that you are seeing a girl is irrelevant, you want to stay then you apply for PR. You want to carry on seeing each other, don't get yourself a 3 year exclusion from the country (presuming she's Aussie?).

 

Bottom line is don't outstay your visa. It's not worth it.

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Not wanting to ruin a surprise christmas by becoming an illegal alien.... really? think bigger picture here! Seriously, i'm guessing you're pretty young, but I urge you to consider what having an overstay attached to your travel record would mean for the future. Everything is electronic now, it really does have the potential to follow you.

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But i would be putting my hard earned money back in to the economy so surely they will want that?

Also, I'm seeing this girl so thats another reason i want to stay here.

 

No, they don't give a stuff about you putting money back into the economy. If you are seeing a girl and there's any chance of it turning into a serious relationship, that's even more reason NOT to risk it. What if you decide you'd like to live with her in Australia? If you've overstayed your visa, then you can wave goodbye to ever getting a permanent visa to live in Australia with her - and it will be even more difficult to get her into the UK as your partner!

 

It's just downright stupid to throw away your future options for the sake of three months. You can still "fly back to the UK from Australia" - just buy a return ticket to New Zealand, and buy a connecting flight to the UK.

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I was under the impression that the ban would be automatic as you left the country without a visa... blossom might know how this works though as her ex went through it. I didn't think that 'slipping unnoticed out of the country' was possible. You get checked in, you get checked out... can you even buy an air ticket with no visa??

Yes it's automatic. We checked in, they kept our bags to one side incase immigration would take long enough with my ex that we would miss our flight (yeah, that's fun). They drag him off. He tells them he met me, fell in love, and didn't want to leave me (sounding familiar?). They told him he was a silly sod and that he was now banned for three years. We made our flight.

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