You go to check the date of your visa and receive a nasty surprise! Do you want to know what to do? Keep reading.
Firstly you need to realise that you may be permitted to stay in Australia on a renewed visa depending on your circumstances. We’ll outline the many options accessible in this article if you’ve overstayed your Australian visa and have become unlawful. If your visa hasn’t expired it’s worth noting that at least 3 to 6 months before your current visa expires, you should carefully explore your choices. This gives enough time for visa processing.
Check Your Visa Expiry Date and Conditions
You must be aware of the expiration date of your visa in order to remain in Australia legally. This day marks the end of your permitted stay in Australia; if you linger past this date, you will be in violation of your visa. It is best to process your visa as quickly as possible; if you wait any longer, the situation may deteriorate.
You can also check your visa expiry date and visa conditions in VEVO, the myVEVO app or your visa grant letter.
Is your visa about to expire or has it already expired?
Whatever your situation, we strongly advise you to consult an Immigration Lawyer or Registered Migration Agent before reporting to the Department of Home Affairs. An immigration specialist will go through all of your visa options with you, and any information you provide will be kept confidential.
Now, if you go to the Department of Home Affairs without first consulting an immigration specialist, it’s likely you will be asked to make preparations to depart Australia and given a very short temporary Bridging visa E (BVE).
Want To Stay Longer in Australia?
There are several choices accessible to you if your visa has expired by less than 28 days. One option is that you may be eligible to apply for an Australian partner visa if your partner is an Australian citizen or permanent resident. You will be required to supply proof to support your eligibility for an Australian partner visa with this application. Other alternatives include extending your visa or applying for a bridging visa while your application for a new visa is being processed.
The Department of Home Affairs gives a 28-day “grace period” during which you can apply for a different form of visa without being subject to the three-year exclusion period. This exclusion period places an additional hurdle if you are applying for any temporary Australian visa for 3 years after you’ve left the country.
Other Options If Visa is About to Expire
You were hoping that you could stay in Australia and that your Australian visa would be renewed in time for you to be able to stay. You’re now wondering how you can extend your visa. There are a few options available. Here’s what you need to know.
1. Bridging Visa
Bridging visas are only for onshore applicants. They allow applicants to stay in Australia lawfully, but only for a short time. There are several types of bridging visas available and we identify the more relevant visa below:
Temporary Activity Visa subclass 498 (COVID VISA) – in 2020 the Department of Home Affairs provided access to what is known as the “COVID-Visa”. If your visa has expired less than 28 days ago, you can apply for this visa if you also can demonstrate that you are working for an Australian based employer.
Bridging visa A (BVA) is automatically granted when you have applied for another visa BEFORE your current visa has expired. The rationale for this is that if the first visa expires before the second is issued, it acts as a link between the two. The BVA is not a separate visa, but it grants you the same right as your previous visa. You may not leave and return to this country while you hold a BVA, also you may continue to work if you were on a working visa, but you cannot if you were on a tourist visa.
Bridging visa E (BVE) is the final type of bridging visa and allows you to stay in the country while you organise travel to exit Australia.
2. Apply for a New Visa
Condition 8503 ‘No Further Stay’ is applied to several visas. While in Australia, the visa holder is unable to seek temporary or permanent visas. You cannot apply for another visa unless it is a protection visa or a certain type of temporary visa if this restriction has been placed on your visa.
If yours had this condition, it must be waived by the Department before you can submit a fresh visa application. Only in exceptional cases are waivers granted. But, if these conditions aren’t imposed on your visa, you have the option of moving to a new visa.
3. Consider Applying from outside of Australia
In some cases, you may find that your best option could be to apply from outside of Australia and return on a new visa. Why would this be? The way the visa system is designed, you can be penalised if you remain in Australia for a long period without a valid visa or even holding a Bridging Visa E. The penalty could include not being able to return to Australia for 3 years or being prevented from applying for certain visas. So in order to not reach that point, we would advise that applying from outside of Australia can be of the best assistance.
In the end, it is vital that you stay aware of the conditions of your Australian visa and act quickly to rectify any breaches as soon as possible. We’ve covered above what you can do if you find yourself in this difficult situation. In short, make sure that you follow the advice outlined above and you will hopefully be able to avoid the serious consequences that arise from visa overstays.
While you might feel like you have nowhere to turn, there is help for this. There are ways to stay in Australia if your visa has expired. We know being placed in this situation can be incredibly stressful and we are here to help. We at Miranda Migration will guide you through the process, step by step, so that you can fully grasp what it is that you need to do, and then get on with your business instead of stressing out or regretting the past. Contact us at Miranda Migration today and book for a consultation with one of our migration specialists.
