Australia, known for its diverse landscapes and thriving economy, is a popular destination for visitors, students, and professionals from around the world. However, the privilege of staying in Australia comes with the responsibility of maintaining a valid visa. Failing to do so can lead to significant legal consequences. In this article, we’ll explore the importance of staying lawful by keeping your visa valid, what to do if your visa is expiring or has expired, and the legalities you need to be aware of in Australia.
Checking Your Visa Expiry Date and Conditions
The first step in ensuring that you remain lawful in Australia is to regularly check the expiry date and conditions of your visa. You can do this using the Visa Entitlement Verification Online (VEVO) service, the myVEVO app, or by reviewing your visa grant letter. The myVEVO app is readily available for free download from both the Apple and Google app stores.
For those in Australia on an Electronic Travel Authority (ETA), you can check your visa’s expiry date and conditions through the Check an ETA service. This step is crucial as it allows you to plan ahead and take the necessary actions to extend your stay if needed.
What to Do If You Want to Stay Longer
If you wish to extend your stay in Australia, it’s essential to apply for a new visa before your current one expires. The type of visa you can apply for depends on your individual circumstances, such as your current visa type, the purpose of your stay, and any conditions attached to your visa. It is also important to note that there may be restrictions on applying for further visas while you are in Australia.
Staying lawful during the visa application process is paramount. If your visa expires while your new application is being processed, you could be granted a Bridging Visa, allowing you to remain in the country lawfully until a decision is made on your new visa application.
Consequences of Staying in Australia Without a Valid Visa
Being in Australia without a valid visa is a serious offence and can lead to severe consequences, including immigration detention and removal from the country. If your visa has already expired, it is crucial to act immediately by applying for a Bridging Visa E (BVE). A BVE is a temporary visa that allows you to stay lawfully in Australia while you make arrangements to either leave the country or apply for a new visa.
Failing to regularize your visa status promptly could result in a situation where you are not allowed to work or study, and you may lose access to essential services such as Medicare or Centrelink benefits.
Leaving Australia: Key Considerations
If your visa has expired and you are planning to leave Australia, applying for a Bridging Visa E (BVE) before your departure is essential. This visa helps you remain lawful as you make your exit from the country. The way you depart Australia can impact your ability to return in the future, so it’s vital to follow the correct procedures.
If you need financial assistance or help arranging your travel documents, you can contact your home country’s embassy or High Commission in Australia, or engage with the Department of Home Affairs’ returns and reintegration program.
Special Cases: Unauthorised Maritime Arrivals and Permanent Residents
If you are an unauthorised maritime arrival holding a Temporary Protection Visa (TPV) or a Safe Haven Enterprise Visa (SHEV), it’s crucial to apply for a subsequent TPV or SHEV before your current one expires. Failure to do so will render you unlawful in Australia, and you will lose your right to work, study, and access essential services.
Permanent residents in Australia enjoy the freedom to leave and return on their permanent visa for up to five years after it’s granted. However, once the travel component of your permanent visa expires, re-entering Australia becomes more complicated. To travel outside Australia and return as a permanent resident after this period, you must apply for a Resident Return Visa.
Status Resolution Service (SRS)
For individuals who find themselves in a complex situation with their immigration status, the Status Resolution Service (SRS) offers assistance. This service helps resolve immigration status issues by providing clear information about immigration pathways or departure options. It can also help address any obstacles preventing the resolution of your case.
Navigating the complexities of visa regulations in Australia can be daunting, especially when your visa is nearing its expiry or has already expired. At NB Migration, our expert migration lawyers are here to guide you through every step of the process, ensuring that you remain lawful and understand all your options. Don’t leave your stay in Australia to chance—book a complimentary consultation with our team today and secure your future in Australia with confidence.