If you are a temporary visa holder it is important to know when your visa is expiring so that you are not in Australia unlawfully. If you are unsure of your visa status or expiry of your visa, these details can be checked on your visa grant notice, or through a ‘VEVO’ check.
If you would like to remain in Australia longer, you must apply for a new visa. Before you do so, it is important to check when your visa expires, whether you have a condition on your visa that prevents further stay, and any other visa conditions.
If your visa has a condition which prevents further stay, you must leave Australia before your visa expires. You may be able to apply for other visas to allow you to return to Australia, however this must be done after you have left. If your visa does not have a no further stay clause then it is important to check what your visa options are and whether your current visa offers a pathway to another visa.
If you have applied for another visa before your current visa expires, you may be eligible to be granted a Bridging Visa A to keep you lawfully in Australia until you receive an outcome for your application.
For more information regarding Bridging Visas, please click here. If your visa has already expired, your visa options could be limited as you may be in Australia unlawfully. If you are unable to obtain a new visa, you will be expected to leave Australia unless you are eligible for a further bridging visa to allow you to finalise your arrangements to leave
If you do not have a visa to stay and you do not leave, it is possible that you may be detained, removed from Australia, and you could be billed for the cost of removing you from Australia. Further, if you leave Australia without a valid visa then the Department of Home Affairs could refuse any further visa applications for up to 3 years.
If your visa has expired and you are unable to obtain a further visa, it is recommended that you obtain a Bridging Visa E (BVE) as soon as you are able.
A BVE is a short-term visa that will allow you to remain in Australia lawfully while you make arrangements to leave, and will ensure you leave Australia as a lawful non-citizen. By leaving Australia on a BVE, you will be leaving with a valid visa. As such, this would prevent the Department of Home Affairs refusing a further visa application based on having left Australia without a valid visa.
If you would like to discuss your visa status or your visa options, please do not hesitate to contact our office to book a consultation with one of our solicitors.
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