What Happens If You Overstay Your Visa in Australia

Last updated: Sep 22, 2026

What Happens If You Overstay Your Visa in Australia

Based on Australian Department of Home Affairs rules, checked 22 September 2026. General guidance, not immigration advice.
Where do you stand right now?

You’re still lawfully in Australia.

Check your visa grant letter or ImmiAccount for its exact expiry date and conditions. If you can’t get a new visa in time, plan to leave before it expires so you stay lawful the whole way.

You’re an unlawful non-citizen, but a re-entry ban is not automatic yet.

Australia’s line is 28 days: leave before you cross it and a ban usually will not apply. Arrange your departure as soon as you can, or apply for a Bridging Visa E to stay lawfully while you organise it.

You’re an unlawful non-citizen, and leaving now may trigger a re-entry ban.

Past 28 days, the Department can refuse you another Australian visa for up to three years, even if you leave on your own.

A Bridging Visa E can let you arrange your exit lawfully. You can later ask in writing for the ban to be waived on compelling or compassionate grounds.

Australia draws a hard line at 28 days overstayed. Cross it, and a future visa can be refused for up to three years. Stay under it and leave now, and that door usually stays open.

Leaving Australia

Once your departure is arranged, compare one-way fares out of Australia on Wego.

Compare one-way flights out of Australia

Questions

What happens if I overstay my Australian visa by just a few days?

You become an unlawful non-citizen from the day your visa expires, even by one day. Leaving before you reach 28 days overstayed usually avoids an automatic re-entry ban, but arrange your departure as soon as you can either way.

Will I be banned from returning to Australia if I overstay my visa?

Only if you leave, or are removed, after being unlawful for more than 28 days. The ban, called an exclusion period, can last up to three years and sometimes longer, but you can ask in writing for it to be waived when you apply for a new visa.

Can I apply for a Bridging Visa E after my visa has expired?

Yes. A Bridging Visa E lets you stay in Australia lawfully while you arrange your departure or wait on an immigration decision. There is no application fee, but the visa ends the moment you leave the country and cannot bring you back.

Is overstaying a visa a criminal offence in Australia?

No, but it is unlawful, and the Department of Home Affairs can detain you, remove you from the country, and bill you for the cost of that removal if you do not leave voluntarily.

Can I still get a new Australian visa if I have a re-entry ban?

You can still apply. For a temporary visa, explain in writing why the ban should be waived, based on compelling or compassionate circumstances. For a permanent visa there is no automatic bar, though your immigration history is considered.

Sources

How this checker was put together
  • The three states above are read directly off the Department of Home Affairs’ own “Re-entry ban” and “If you don’t have a valid visa” pages, both retrieved 22 September 2026, not from a third-party summary.
  • Excluded on purpose: visas cancelled for character, fraud or a breached condition (Migration Act s501) can carry a different, sometimes longer or permanent ban, and are not covered by the 28-day rule this tool applies.
  • Known limits: this is general information, not a personal assessment. It cannot see your visa record, and a re-entry ban can still be applied case by case. Confirm your own situation with the Department of Home Affairs or a registered migration agent.

Disclaimer: We’ve worked hard to make sure the information in this article is as accurate and up to date as possible at the time of publishing. Travel details such as prices, schedules, visa rules, and entry requirements can change at short notice, so it remains your responsibility to verify the current details with official sources before you book or travel. Wego accepts no liability for any loss or inconvenience arising from the use of this content.

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