Handyandy180

Can anyone tell me the implications of overstaying on a tourist visa? My partners son has a 3 month tourist visa which will run out 2 weeks before his intended departure from Australia, this is due to a mistake by the travel agents.
As it is only a two week overstay and over the xmas period what will the consequences be?

Many thanks
Chris and Andrea

James516

The new Rudd government pledged to stop the policy of executions of tourist overstayers from the previous administration, but I'm not sure if it has been through parliament yet - the old rules might still apply. Check the embassy before you go. Also ensure you have up-to-date travel insurance.

ponyrama

They might turn on the doorstep on Christmas Eve and take him away.

Seriously though it could cause him problems later on if he wants to come back to Oz - he might get classed as an "overstayer" which doesnt look good. My advice would be to phone immigration and ask them what you need to do to get a two week extension - I'm sure if you explain the circumstances they will be able to do something. But I've never been in this situation so dont know really. Just think its better to be up front that have it come back and bite you on the ass later on!

moneypenny20

Definitely get it checked out with DIAC. Not worth hoping for the best in relation of future visits. I'm sure if he's got a return flight booked, they'll be able to extend the visa.

Pollyana

Ring the airline, explain the issue and ask about changing flights.

Is it an ETA? If so does the 12 months run out then, or just the "3 month stay at one time". If the latter, tell him to go to NZ for a couple of days, then he'll restart the next three months when he comes back in.

ladyjaneuk

Why was it the fault of the travel agency? Surely you are responsible for ensuring your flights are booked on the right dates.

I would not overstay. get over to nz , even asking the immigration for an extension might cause more harm than good in the future.

debbief444

hiya
I was in oz 4 years ago. I had a 3 mth holiday visa and just went online about 3 weeks before it was up and applied for another one,the new one canceled the old one straight away. from what I remember it was very straight forward. I didnt have to leave the country. I think it cost around $150.(?)
(Im from Ireland, so not sure if different rules apply, just check out the immi website)

mvt550

I really cannot imagine many situations in which this would be worth even considering.

There are unlikely to be immediate consequences when he leaves but likely to cause him a great deal of hassle should he wish to return to Australia in the future- either as a visitor or as a migrant.
Strictly speaking, I believe the rules are that overstayers get an exclusion period from Australia.

Tell him not to do it! Not worth it.

ozbaz

If you wish to emigrate, don't take the slightest risks!
I overstayed a visa many years ago ( by far more than 2 weeks) and was banned from entering for 8 years ( I think, don't have that particular passport with the big stamp anymore).
Its not worth the headache..

Mrs Ozbaz

Gazzap

My (now) wife overstayed by 4 years and was eventually thrown out, and had a 4 year ban from re-entering.
After that expired we went back on holiday (honeymoon actually) with no problems.
We just recently got permanent resident visa.
So best to avoid if you can, but it won't be that big a tragedy, in our experience.
Gaz