Act swiftly on expiring visas

Migration agent Thay-Horn Yim warns of the perils of the expired visitor visa.

By Cam Lucadou-Wells

A Dandenong-based registered migration agent has warned that stranded overseas travellers with expired visas are facing “bad ramifications” for their future visa applications.

Thay-Horn Yim, who is a state vice-president for Migration Institute of Australia, responded to a recent Star Journal story on 190-plus desperate Chilean travellers stranded with airfares but no flights home due to a worldwide Covid-19 lockdown.

During Covid-19, there ought to be an amnesty on unlawful non-citizens trapped with expiring visas through no fault of their own, Mr Yim said.

If sick, they are unwilling to come forward for Covid-19 swab tests. On their visa’s expiry, they are no longer covered by travel health insurance and so must pay for the tests themselves.

The travellers were also reluctant to test due to being “very scared of being possibly detained by Australian authorities”.

“If they are detained, they will be charged up to thousands of dollars per day as debt to the Commonwealth.”

The Federal Government has been “silent” on the matter, Mr Yim says.

He urged travellers to discard the “myth” that “because there is no flight, they can continue to stay lawfully after their visa expires”.

“While the Department of Home Affairs will try to prioritise an application for a visa that is about to expire or has expired within 28 days, there are so many that will become unlawful.

“Those staying unlawfully could have bad ramifications for their future visa applications.”

Given the glut of applications, Mr Yim urged international visitors to apply for exemptions to extend their visas well before expiry.

This is especially the case where visa conditions prohibited extensions or banned the application for further visas.

“In these circumstances, the immigration department requires them to lodge well in advance – at least two months.”

“Some may have to request a waiver of their visa conditions, which must be approved before lodging or applying for any other visa.”

“If you leave it to the last minute, it’s easy to overstay.”

Alfredo Dattwyler, who had travelled to Australia for an English-language course, says most of the 195 compatriots have tickets to fly home on Qantas or the Latin-American-based LATAM Airlines.

The rest of the group have money for fares but can’t secure a ticket, he says.

They have waited weeks without incomes and dwindling savings. Some are living in parks, friends’ garages or taken in by churches.

Their student visas, work visas, tourist visas and health insurance are also fast expiring.

Without medical insurance, the visitors are not covered for Covid-19 tests.

Some are suffering medical emergencies; all are anxious to join their loved ones in Chile – which is of course also in Covid lockdown.

During the Covid-19 pandemic, international airlines have cancelled many flights and stood down staff. LATAM Airlines has recently filed for bankruptcy in the US.

Qantas website advises that its scheduled international flights, except for New Zealand, are suspended until at least the end of July 2020, due to government restrictions.