Can I Be Detained If My Australian Visa Has Expired?
29.10.26Quick Answer
Yes. Once your visa expires you become an unlawful non-citizen, and under section 189 of the Migration Act 1958 you can be detained and removed from Australia. If you stay unlawfully for more than 28 days, a 3-year re-entry ban can also apply. Applying for a Bridging visa E (BVE) can restore your lawful status while you leave or resolve your situation.
What Happens When Your Australian Visa Expires?
When your visa expires, you no longer have permission to be in Australia. You must either leave or obtain another visa. From that day, you are an unlawful non-citizen, and your options shrink quickly.
Many onshore visas cannot be applied for once you are unlawful. Some, such as certain partner visas, may still be possible if you act within 28 days. After that point, your choices are usually limited to a BVE and arranging departure.
What Is The 28-Day Rule and The 3-Year Re-Entry Ban?
The 28-day rule is the most important deadline for anyone whose visa has expired. If you remain unlawful for more than 28 days after your last substantive visa ended, you can be excluded from most future Australian visas for 3 years from the date you depart.
This exclusion period comes from Public Interest Criterion 4014. It can also apply if you leave on a Bridging visa C, D or E that was granted more than 28 days after your substantive visa expired. A waiver is possible in compelling or compassionate circumstances, but the threshold is high.
Can You Be Detained for Overstaying Your Visa in Australia?
Yes. Under section 189 of the Migration Act 1958, an officer who knows or reasonably suspects that a person is an unlawful non-citizen must detain them. In practice, the Department of Home Affairs uses a risk-based approach that considers community safety, and many people are granted a BVE instead of being held in a detention facility.
You can become unlawful in three main ways:
- Your visa expired and you did not obtain a new one.
- Your visa was cancelled.
- You arrived in Australia without a valid visa.
If you cannot obtain a new visa and do not leave, the Department may detain you, remove you from Australia, and charge you for the cost of your detention and removal. That debt must usually be repaid before you can be granted another Australian visa.
What is a Bridging visa E and how can it help?
A Bridging visa E (BVE) is a temporary visa that makes you lawful again while you sort out your situation. It lets you stay in Australia while you:
- arrange to leave the country
- apply for a substantive visa, where you are still eligible
- finalise a pending immigration matter, such as a tribunal review
- wait for a decision on a visa application
There is no fee to apply for a BVE. You must be in Australia both when you apply and when the decision is made. A BVE does not undo the 28-day rule, so applying early matters.
What should you do if your visa has expired?
- Check your exact expiry date in VEVO or your ImmiAccount, and count the days since it passed.
- Act before day 28. This keeps more visa options open and may avoid the 3-year ban.
- Apply for a Bridging visa E or contact the Department’s Status Resolution Service.
- Get advice from a registered migration lawyer before lodging anything, as an invalid application can make things worse.
- Plan your departure if no other visa is available, so you leave on your own terms.
How to avoid overstaying your visa
The simplest protection is to plan before your visa ends. Check your expiry date and conditions, including any No Further Stay condition (8503). Lodge your next visa application while your current visa is still valid or book your departure in good time.
How Ramsden Lawyers can help
If your visa is about to expire, has expired or has been cancelled, Ramsden Lawyers’ migration team can help you stay lawful. We advise on Bridging visa E applications, check that new visa applications are valid and approvable, and represent clients in reviews at the Administrative Review Tribunal. Contact us today and book an initial consultation for advice specific to your circumstances.
This article is general information only and is not legal advice.
Frequently Asked Questions
Will I be arrested at the airport if I overstayed my visa?
Generally no. People who leave voluntarily are usually allowed to depart, but an exclusion period may apply if you were unlawful for more than 28 days.
How long is the re-entry ban for overstaying in Australia?
Usually 3 years from your departure date under PIC 4014. Longer bans can apply in some situations, such as visa cancellation for providing false information.
Can I apply for a new visa after my visa has expired?
Sometimes. Options are limited for unlawful non-citizens and narrow further after 28 days. A Bridging visa E is often the first step.
Does a Bridging visa E cost anything?
No. There is no application fee for a BVE.
What is an unlawful non-citizen?
A person in Australia who is not an Australian citizen and does not hold a valid visa.
Can I appeal a visa refusal or cancellation?
Many decisions can be reviewed by the Administrative Review Tribunal (ART), which replaced the AAT in October 2024. Strict deadlines apply, so seek advice quickly.
