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The present state of emergency means that much of the information in the Community Law Manual does not currently apply. You can find up-to-date legal information in our new section Coronavirus and the Law.

Communtity Law Manual | Immigration | If you’re here illegally: Understanding your options

If you’re here illegally: Understanding your options

Overview

If your visa has expired, this means you’re now here illegally (in immigration law, this is called having “unlawful status”, or being here “unlawfully”). Once your status becomes unlawful, you generally have no right to apply for a new visa, and you may have to leave the country. However, you do have some options:

  • You can apply for a visa as a special case under section 61 of the Immigration Act.
  • You can appeal to the Immigration and Protection Tribunal on humanitarian grounds.
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