It’s a common dilemma to find yourself in. You thought you had more time on your current visa but upon a routine check, you realise that it’s expiring sooner than expected. If you get caught in this situation, there’s several things you may be able to do to avoid unlawfully overstaying in Australia. 

Onshore visitor visa

If you’re looking for a way to extend your time in Australia for a little longer, you may be able to apply for a visitor visa before your current visa expires. After applying for the visitor visa, you’d normally be automatically granted a bridging visa which allows you to stay in Australia until the Department of Home Affairs makes a decision on your visitor visa application. The current processing time for a visitor visa application is about 20-25 days*. If you are granted a visitor visa, the grant letter will state how long you are permitted to stay in Australia. This option could give you at least one month to wrap things up and make plans to depart Australia. Even if your visitor visa application is refused, the bridging visa will allow you to stay in Australia for up to 35 days after the decision. 

Another visa for your circumstances

Depending on your circumstances, you may be eligible to apply for another visa to remain in Australia that you were not aware of. If you are married or have been in a de facto relationship with an Australian citizen or permanent resident, you may be eligible to apply for a Partner Visa, provided that your partner or spouse is willing and able to sponsor you. Alternatively, if you have serious and genuine concerns about your safety and if you return to your home country, you may consider applying for a protection visa to remain in Australia. 

Bridging visa

If your visa has already expired, you may be able to apply for a Bridging Visa E (BVE) to give yourself additional time to make arrangements to leave Australia. It may allow you to finalise any other immigration matters such as applying for a substantive visa or applying for an appeal at the AAT or at the courts. This visa ensures that you minimise the amount of time you are in Australia unlawfully and will reduce any negative impacts on future visa applications to Australia. 

The risks of overstaying

There can be serious consequences of staying in Australia without a valid visa. You could be placed in immigration detention, deported and be required to pay for the costs of removing you from Australia. Also, if you leave Australia after your visa has expired, you could be banned from re-entering Australia for up to 3 years. This could affect your future chances of being granted a visa, even after the 3 year ban. 

Seeking help with extending your stay

It’s always best to seek the services of a qualified and experienced Registered Migration Agent when dealing with the delicate nature of a soon to be expiring or expired visa. The team at Titan Migration can help you find the best solution for your circumstances and to try and avoid any period of being in Australia unlawfully. Contact us or book a consultation online with a registered migration agent. 

*These are estimated processing times published on the Department of Home Affairs website and is subject to change.

Disclaimer: The content in this article should not be taken as formal immigration advice. If you need accurate advice on your options, please contact us to schedule an appointment.

About Peter Chang

Peter Chang is a registered migration agent based in the Western Sydney hub of Parramatta, Australia. He is the co-founder of Titan Migration, a consultancy specialising in providing Australian immigration advice and visa assistance services.

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