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Australia Steps Up Enforcement Against 77,000 Visa Overstayers
On 17 September 2026, the Australian Government announced stronger immigration compliance measures targeting people who remain in Australia without a valid visa.
The announcement follows confirmation that approximately 77,000 people are currently in Australia without lawful visa status. Australian Border Force (ABF) will receive additional resources to strengthen compliance activities and manage unlawful non-citizens.
For anyone whose visa has expired, whose bridging visa status is uncertain, or who has received a visa refusal, it is important to understand your current immigration position as soon as possible.
What Is a Visa Overstay?
A visa overstay occurs when a person remains in Australia after their visa has ceased and they no longer hold another valid visa.
This can happen when:
- a visa expires;
- a visa is cancelled;
- a bridging visa ceases;
- a person fails to maintain lawful status after an immigration decision.
Under the Migration Act 1958 (Cth), a person without a valid visa may become an unlawful non-citizen and may be subject to immigration detention and removal processes.
Once a person becomes unlawful, resolving their immigration status can become significantly more difficult.
Who Is Most at Risk?
Although the Government has not released a breakdown of the 77,000 people by visa type, certain groups commonly face higher risks, including:
- Visitor visa holders whose visas expire without another lawful pathway;
- Student visa holders who complete their studies but do not secure another visa in time;
- Working Holiday visa holders whose visas expire without further arrangements;
- Bridging visa holders whose bridging visa may cease after visa refusal, cancellation, or review outcomes;
- People with cancelled visas who remain in Australia without another valid visa.
Many people mistakenly believe they remain lawful after submitting an application or receiving a visa refusal. However, visa status depends on individual circumstances, including the type of visa held, application timing, and any available review rights.
What Happens If ABF Identifies an Overstayer?
Australian Border Force compliance activities may involve checking immigration status, requesting information, and taking action where a person is found to be unlawful.
A person who becomes unlawful may face:
- immigration detention;
- removal from Australia where legal requirements are met;
- restrictions on future visa options.
In some circumstances, a person may also face re-entry restrictions depending on their immigration history and the circumstances of their departure.
Can an Unlawful Person Still Apply for a Visa?
Becoming unlawful can significantly limit the ability to apply for another visa while remaining in Australia.
Depending on the individual situation, restrictions such as Schedule 3 criteria, visa application requirements, and other migration provisions may apply.
However, every case is different. Factors such as the length of time unlawful, previous visa history, family circumstances, and the type of visa pathway available can affect the options.
If you are already unlawful or believe your visa status may be uncertain, obtaining professional advice early is critical.
What Should You Do Now?
- Check your current visa status through VEVO.
- Do not wait until your visa expires before seeking advice if you need another visa pathway.
- Confirm your bridging visa status, especially after a refusal, cancellation, or review decision.
- Seek professional advice immediately if you are already unlawful.
The longer a person remains without lawful status, the more limited their options may become.
Key Takeaways
- Australia has announced stronger immigration compliance measures targeting visa overstayers.
- Approximately 77,000 people are currently reported to be without lawful visa status.
- Visitor visa holders, former students, bridging visa holders, and people with cancelled visas should carefully review their status.
- Becoming unlawful can seriously affect future visa options.
- If you are unsure about your visa status, seek advice before your options become more restricted.
Concerned About Your Visa Status?
If you have overstayed your visa, received a visa refusal, or are unsure whether your bridging visa remains valid, our migration lawyers can review your circumstances and advise on possible next steps.
Contact our team today for professional immigration advice.
The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.
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As a regulated Australian migration law practice, Riverwood Migration provides precise, personalised advice on visa strategy, compliance, and application preparation. Speak with our expert legal team. Book a consultation to discuss your circumstances.
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