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Unlawful in Australia? Or know someone who is?

Turn a new leaf in 2019 but don’t turn up to the Department of Immigration.

Get the right advice from a reputable registered migration agent at the right time to make a real difference to your status in Australia.

An ‘illegal person/alien’ is known as an ‘unlawful non-citizen’. This is a person without a visa, with an expired visa or a visa that has been cancelled, or a person that arrived by unlawful means such as a stowaway or by boat.

Fun facts & terminology:

Often an unlawful non-citizen is not allowed to work or study. This also means that it is illegal for an Australian employer to employ such a person. The Migration Act contains many penalties for Australian employers that employ unlawful citizens. The onus is on the employer to check the residence and work status for their employees.

Certain unlawful non-citizens can regulate their status by lodging only a handful of other visa applications, provided that they meet the visa criteria. There is an often additional criterion that must be satisfied. Merely lodging an application is not the same as satisfying the full criteria for visa grant. After lodging a relevant visa application, the unlawful non-citizen may access a bridging visa. Typically a bridging visa is granted when a person lodges another visa application in Australia and that other visa can be granted while the person is still in Australia. For unlawful non-citizens, a bridging visa is granted without work and study rights however it is possible to obtain permission to work if there is a financial hardship.

Our biggest tip is: Do not lodge a visa application without checking if you qualify for the entire visa.

Your registered migration agent can contact the Department on your behalf to obtain certain permissions such as legalising your status and getting work rights.

Published Wed 9 January 2019. Tags:


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