QLD Friend Overstayed Visa - What can She Do?

[ReiSixx9]

My friend has been forced to overstay her visa by about 6 months. She's terrified and has no idea what to do as she has no money for a visa nor any way to get the money as she cannot work without a visa. This means she cannot afford to be deported or get a lawyer or anything of that nature.

She's tried contacting the embassy to no avail and she's read everything there is to know probably a million times over. If you could help or know anyone that could please tell me here.

Thank you very much everyone.

 

[Lance]

Hi,

Ok we need some more information. "Forced to overstay her visa" how was she forced and by whom. Your friend does need to report to the Department of Immigration and border protection. They may detail and deport her at her cost.

Your friend is well outside the timeframe for tolerance but if there is a valid reason there may be some level of leniency depending on the detail around "she has been forced to overstay her visa". Your friend is an unlawful non-citizen and the longer she waits the worse it will be for her.

 

[ReiSixx9]

Hi,
Ok we need some more information. "Forced to overstay her visa" how was she forced and by whom. Your friend does need to report to the Department of Immigration and border protection. They may detail and deport her at her cost. Your friend is well outside the timeframe for tolerance but if there is a valid reason there may be some level of leniency depending on the detail around "she has been forced to overstay her visa". Your friend is an unlawful non-citizen and the longer she waits the worse it will be for her.

She cannot and could not afford a visa nor a plane ticket so she got stuck here (Australia).

 

[Lance]

Hi,

I appreciate what you're saying but the correct process would be to contact the Department of Immigration and Border Protection to work through it with them. I'm not sure that there is any other solution that to contact them and ask for assistance. They will most likely contact her home countries embassy.

 

[ReiSixx9]

Hi,
I appreciate what your saying but the correct process would be to contact the Department of Immigration and Border Protection to work through it with them. I'm not sure that there is any other solution that to contact them and ask for assistance. They will most likely contact her home countries embassy.

Won't she just get deported, though?

 

[Lance]

She might. But she will eventually want to go home and the penalty is likely going to be worse further down the track than if she goes to them now and pleads her case. If she is honest and explains her situation and the distress she felt due to no money for a visa or flights, she might be surprised at how understanding they are. But at the moment if she is stopped at a police traffic stop or an airport and her visa is expired she will be detained and won't have any chance to plead her case.

 

[ReiSixx9]

She might. But she will eventually want to go home and the penalty is likely going to be worse further down the track than if she goes to them now and pleads her case. If she is honest and explains her situation and the distress she felt due to no money for a visa or flights, she might be surprised at how understanding they are. But at the moment if she is stopped at a police traffic stop or an airport and her visa is expired she will be detained and wont have any chance to plead her case.

Will she be able to get a visa to live here permanently?

 

[Lance]

No one on here can say with any degree of certainty that she could. To be honest even if she hadn't overstayed her visa, no one could guarantee she would be successful in a permanent residency visa. But your friend has breached her visa and that won't be viewed well.

She can make an anonymous call to the Community Status Resolution Service to try and work through the issue. Details can be found her What is the Community Status Resolution Service?

The worst case is she will be detained, deported and have a debt for the flights. She could also have a 3 year re-entry ban placed on her.

 

[457Visafraud]

She's terrified and has no idea what to do as she has no money for a visa nor any way to get the money as she cannot work without a visa.

Will she be able to get a visa to live here permanently?

Do you think other people have to spend money to have a "chance" to get the Visa while your friend has more rights to do it by illegal means?
What your friend has done is illegal and he/she knew what are the rules but decided to overstay and try the good luck.
The plead for help here looks pity.