Overstayers and People in Breach of Visa Conditions

The Department of Immigration and Citizenship (DIAC) conducts widespread field operations to locate foreign nationals who have breached their visa conditions, or overstayed their visas and are unlawfully in Australia.

This reflects the Australian Government's commitment to protecting the integrity of Australia's borders.

What is an overstayer?

By applying for a visa to enter Australia, people effectively sign a contract to comply with the conditions of their visas and to leave Australia before their visas expire.

Provisions exist for foreigners to apply to extend their time in Australia for legitimate reasons, but a small number (less than one per cent) become overstayers.

People who become overstayers arrived in Australia with valid temporary visas, mainly as tourists, but also as working holiday makers, students and temporary residents.

Many people who are recorded as overstayers are simply extending a short stay in Australia by a few days or weeks, and leave of their own accord within a short period. Others overstay for a longer term out of a desire to live and work in Australia.

Those long-term overstayers become neighbours, friends, colleagues, employees and even relatives of lawful Australian residents who might often be unwittingly implicated in immigration fraud.

The Australian migration program ensures that prospective migrants must meet criteria based on skills and/or family relationship to an Australian resident, including stringent checks of their health and character.

Overstayers who try the illegal "back door" method of staying in Australia do not undergo these checks. Many would not meet migration criteria, and could become a considerable cost to the Australian community.

Locating and removing overstayers and people in breach of their visa conditions from Australia costs the taxpayer millions of dollars each year.

People in breach of visa conditions

There are conditions attached to each type of visa. For example, tourists are prohibited from working while on holiday here and students who apply and are granted a visa with a work permit in Australia may work only 20 hours per week whilst their courses are in session.

Locating overstayers and people in breach of their working conditions

The department uses several sources to locate overstayers and people breaching visa conditions including referrals from employers, educational institutions, departmental investigations, community information, and other government agencies.

DIAC is able to identify people who do not leave when their visas expire because all passengers arriving in, and departing from Australia are recorded on a database.