Staying Longer when a Visa is Expiring

Navigating Visa Extensions and Expired Visas: What You Need to Know

If you’re currently in Australia on a visa and find yourself in a situation where you wish to stay longer, it’s crucial to understand your options. Depending on your circumstances and the visa conditions, you may be eligible to apply for another visa. In this blog post, we’ll explore the various scenarios and considerations you should be aware of when it comes to visa extensions and expired visas.

Apply for a New Visa:

When you apply for a new visa in Australia before your current one expires, you may be granted a Bridging visa A (BVA). This important document covers the period between the expiration of your current visa and the official decision regarding your new visa. This essentially allows you to temporarily extend your stay in Australia.

No Further Stay Conditions:

Certain Australian visas come with a No Further Stay condition, which typically means you cannot apply for most temporary or permanent visas while in Australia other than a protection visa. However, there are situations where you may be able to apply for a waiver to this condition. This could be due to significant changes in your circumstances (while you hold this visa) that are beyond your control, such as a serious illness preventing travel or war/civil unrest in your home country.

Dealing with Expired Australian Visas:

If your visa has already expired, your options become significantly limited. The Australian government typically expects individuals in this situation to return to their home country. If you leave Australia without a valid visa, the Department of Home Affairs could refuse to grant you another visa for up to 3 years, except in limited circumstances.

Consider Your Visa History:

It’s crucial to keep in mind that your previous visa history will always be taken into account when applying for a new visa. If you’ve had a prior visa cancelled or failed to meet work or study conditions, it could negatively impact your chances of a successful visa application. Seeking the guidance of an experienced immigration lawyer, well-versed in the legal requirements, can greatly improve your chances of obtaining visa approval.

Conclusion:

Navigating visa extensions and dealing with expired visas can be a complex process but understanding your options and seeking professional advice can make all the difference. Whether you’re applying for a new visa before your current one expires, dealing with a No Further Stay condition, or addressing an expired visa situation, knowing your rights and responsibilities is key. Remember, consulting with an immigration lawyer who understands the legal nuances can significantly increase your chances of success in obtaining the visa you need.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.