Requirements for Sailing Out of Australia ?

[ropey]

Does anybody know what australian authorities require when leaving auz aboard a non commercial sailing boat?

I've got a spot on a boat but would be leaving after my visa is up.. would this be a problem?

thanks!

[TrevC]

Definitely a problem. Immigration here is very strict. If you're on a holiday visa, you can apply for an extension in some cases (depending how long you've been here already).

[ropey]

whats the proceedure?

can't you just sail away?!

[TrevC]

ropey said he's leaving after his visa is up. If you overstay a visa, they'll kick you out and ban you from returning for several years. They do come looking for people, trust me on that one!

[jpemb7]

Last time I did this some years ago, before the boat left Australia, the skipper and crew had to take Boat registration papers, crew list (with you on it) and passports to Immigration /customs. Usually in town somewhere. Immigration stamped the passport (do they still use stamps) gave the skipper a port clearance and the boat had 24 hours to leave the country. When you hand them your passport they are going to notice that you overstayed your visa. That's when you have problems.

[TrevC]

You should really just find a good Aussie chick (not too difficult), then get a "Prospective Marriage" visa. Gets you another year. Problem solved.

[creakyboy]

check with customs,but i think they give You 48 hrs grace for the boat to leave nowadays

[Aussiesuede]

Originally Posted by ropey

whats the proceedure?

can't you just sail away?!

The captain of the boat will be responsible for everyone being properly cleared out with immigration. Unless this is the first intl trip for the capt, I seriously doubt he'd allow you to depart without seeing that you've properly cleared out, since ultimately it's his responsibility. When you arrive in your new port, the boat will have to clear in with customs and immigration. They'll need paperwork which shows you properly cleared out of your last port. If everyone but you was properly cleared out, they'll want to know how the "extra" person came to be aboard. They could refuse entry for everyone on the boat if they sense a bit of 'hanky panky' is amiss. And they'd ultimately realise that you'd overstayed your visa in Aus and would assume you'd do the same with them as well.

The next time you tried to travel to Aus, you'd run into problems. Best to just go and honestly explain your situation to customs. They'll work with you to get any necessary extension, if any are available. But they don't take to kindly to those who fudge on immigration laws - and they've the memories of an elephant. Don't be surprised if your forced to take a quick flight somewhere outside of the country to reset your visa clock.

In any event - in todays ever more interconnected world - DON'T just say to hell with it. You could find it difficult to engage any intl travel once ya establish a record of non compliance with one of the bigs (And Australian Customs is one of the Bigs - even more vigilant than the Yanks)

[TrevC]

You haven't mentioned what visa you're currently on. I'll assume it's a tourist visa or the ETA visas.

You need to apply for a "Tourist Visa" (676 class visa) extension here. Cost is currently $105AUD. They don't always approve them easily. It might also be a manual (non-electronic) submission, and not be processed quickly. So, plan ahead.

[jpemb7]

IMO it only becomes a big deal if you make it a big deal.
One person is a tiny little drop on the tip of a huge iceberg of people coming to Australia and overstaying there visas. It's something the government doesn't talk too much about because there is nothing they can do about it.
I met a Russian sailor many years ago who overstayed his visa, started a business which employed heaps of people. Eventually he decided he had to come clean. He did it quietly and they gave him permanent residency. I know times have changed but...
This is what I'd do.
Call up the Immigration Service Ph 131 881 anonymously.
Explain your circumstances. You might be surprised at the response.

Jim

[TrevC]

FYI, the people working the 131 number are only call centre employees with very basic knowledge of the rules. They're not immigration workers with any sort of official designation or authority. They have on several occasions provided me with very wrong advice.

My experiences over the past 5 years have indicated that Aussie immigration is very strict, and very much on top of everything, even as far as keeping tabs on individuals when you wouldn't expect them to.

An ex-girlfriend of mine had a work visa and the working portion of it had just expired. She still had the right to be here, but could no longer be employed. Her employer wanted her to stay on for ONE extra day due to it being a busy time. Two immigration workers showed up later in the morning and asked for her. They had a short and friendly chat about her circumstances, then presented the business a $10,000 fine. There was no particular reason for immigration to be checking up, she had always followed the rules until that day.

Living on the Gold Coast, there's a lot of transients and tourist here, so you hear a lot of visa stories. It's quite common to hear of foreigners over staying by a couple of days, and usually after about a week (or less) immigration is phoning around and searching for them. At the very least these people are given a couple of days to leave and banned from re-entering the country for several years.

I've personally had a legitimate holiday visa cancelled simply because the immigration officer decided I was "no longer here for holiday purposes" (I was with my Aussie girlfriend travelling on a brief holiday to Canada from Sydney, and had already been travelling in Australia for quite some time). They cancelled my visa on the spot, warned me that I could not return on any tourist-class visa for a couple of years. My visa and paperwork was all current, I still had plenty of time left.

It took me 6 months in Canada to finally sort out a new visa and have it approved (prospective marriage class).

Bottom line, don't F with immigration. It's not worth the hassle.

[jpemb7]

FYI, the people working the 131 number are only call centre employees with very basic knowledge of the rules.

Yes, but he can call the 131 number and ask to talk to an official who does have some authority.
I should point out that he hasn't overstayed his visa, yet. So he wouldn't be F.... with anyone. He would be simply finding out what his options are from someone who should know.
Jim

[TrevC]

No disrespect intended Jim, but I've been there and tried that. You can ask for someone, and they'll even transfer you, but they're still just a bottom of the line call centre worker. It's crazy.

This is what one of my case officers told me, while sitting at his desk in the Brisbane head office: They receive a huge volume of calls, and the main purpose of the 131 call centre is to keep from tying up the real immigration officials. Unless you have a case number and case officer, you're not going to get through to anyone with authority.

The best you can do is call ahead to book an appointment at an immigration office, if you want real advice and assistance. For some classes of visas you can't book ahead, but instead just show up and take a ticket (which can consume most of your day).

Best of luck to ropey

[why me?]

one more angle to consider. The vessel has to clear out. If a crew member on the boat has overstayed by a minute and that would be caught, the skipper of the vessel may be liable for a full fare, next flight out, plane ticket to your home country... one way and don't plan on returning for some time... . it's up to the official to some degree.

Aussie customs and migration place the responsibility on the skipper of the vessel for all actions of the crew. Aussiesuede is right I think.

Customs and migration have really changed over the last.. say 5 years. They used to be mean spirited little c---., but now worse.

Petty and dangerous. Don't press your luck mate.

[barnakiel]

Trying to outstay the visa would be fined. Passports are checked on departure.

Why not just extend the visa?

b.