Many visa holders found themselves this situation. The first thing you need to do is find out if you have the right to remain in Australia by consulting a Migration Agent. Once you have determined that you are eligible for another visa you, will have to explore what visa options best fit your circumstances. However, if you are not able to apply for another visa you will need to leave Australian before your visa expires.
If you wish to stay in Australia past the expiry date of your visa, you will need to apply for another visa. There are many options that a Migration Agent will advise you are eligible including a Tourist Visa Extention (READ MORE) or a substantial visa, if you apply for a substantial visa you will be given a Bridging Visa (READ MORE)to ensure do not stay in Australia unlawfully whilst you application is processed.
Substantial visa that you may be eligible:
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Requests for No Further Stay waivers a not decided in a short time as they require consideration against various legal criteria. It might not be possible for the Department to make a decision on your request before your visa expires, it is upto the applicant to ensure that there visa has enough time for a decision to be made. Lodging a request for a No Further Stay waiver does not automatically mean you will be in Australia lawfully as waiver application does not give the applicant an option to apply for a bridging visa. If your visa expires before the Department can decide your request, you will become unlawful. (READ MORE)
We highly recommended that you seek advice from a Registered Migration Agent. At IST Migration, Our Lawyer and Migration Agent Hanh Ho can assist you in all of your migration matters, from applying for another visa whilst you are in Australia to checking the status of your visa application, through to assisting you in appealing the Department or to the Administrative Appeals Tribunal (AAT) decisions. Call Hanh on (+61) 0406 888 639.
If you find that you are not eligible to apply for a visa extension or a substantial visa whilst in Australia you will need to arrange to depart Australia before your visa expires. As part of their role in the community, the Australian Border Force (ABF) conducts activities to check visa compliance. If your visa has expired during the time that you are in Australia, you will be classified as an ‘unlawful non-citizen’.
It is the visa holders responsibility to ensure they have a valid visa for the whole time they are in Australia. If your visa has already expired and you are waiting for a decision on your waiver request it is best to leave Australia as soon as possible.
However, if you wish to apply for more time in Australia once your visa has expired, for example to arrange your departure, it is possible to apply for a Bridging Visa E (BVE) (READ MORE) as soon as you can, in order to become lawful for a short amount of time.
If you are an unlawful non-citizen, that is you don’t hold a relevant visa, you may be eligible for a BVE if you:
This will allow you to have the time to arrange to leave Australia and finalise any immigration matters.
Have you been refused a Tourist or Partner Visa due to using unreliable services or an inadequate visa application? We are here to help you solve the problem.
A Re-entry ban will apply if:
Once you have received a re-entry ban, this cannot be removed, except where you are applying for a substantial visa and explain why the ban should be put waived.