It is now 6 months into the COVID-19 pandemic and international flights departing Australia are still very limited. Many people face the prospect of being stuck in Australia longer than they expected. It is important to have a valid visa while in Australia. Remaining in Australia unlawfully may result in future immigration issues not only in Australia but also in other countries. Below is a summary of the various options for those people who are unable to leave Australia before their current visa expires. 

What should you do if your visa will expire soon?

Apply for a visitor visa to extend your stay

One way to extend your stay in Australia until you are able to get on a flight to depart is to apply for an onshore visitor visa. The subclass 600 visa will allow you to remain in Australia beyond the expiry of your current visa. This visa may be granted for 3, 6 or 12 months depending on your circumstances. However, you will be unable to work while holding this visa. 

Apply for a COVID-19 pandemic event visa

If you are unable to apply for the same visa you currently hold and there are no other visa options that you can apply for, the COVID-19 pandemic visa is the visa of last resort. This visa is for those who have a current visa that will expire within 28 days or a visa that has expired within the last 28 days. For people who are working in critical sectors such as aged care, health, disability care or agriculture, the COVID-19 pandemic visa is a possible visa option if you wish to remain in Australia and continue working. This visa may be granted for upto 12 months.   

Consider another visa option such as a partner visa or student visa

Depending on your circumstances, it may be more ideal to apply for another visa. If you are in a de facto relationship or married to an Australian citizen or permanent resident, you might want to consider applying for a partner visa to remain in Australia permanently. Your partner will need to be able to sponsor you and you will also need to prove that you are in a genuine and continuing relationship with your sponsor. The subclass 820/801 partner visa is a two stage process. The first stage is the grant of the temporary 820 visa and the second stage is the grant of the permanent 801 visa. 

If you are considering undertaking a course of study in Australia, a student visa is another possible pathway to remain in Australia lawfully. In order to apply for a student visa, you will need to have a Confirmation of Enrolment (CoE) in a course that is eligible for the student visa, meet minimum English language requirements, demonstrate financial capacity to support yourself for the first 12 months, have adequate student health insurance and prove that you are genuinely in Australia temporarily and intend on returning home after your stay. 

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My visa has already expired. What now?

Apply for a COVID-19 pandemic event visa

If your visa expired within the last 28 days you can apply for the COVID-19 pandemic visa. This visa will allow you to stay in Australia until you are able to arrange your departure from Australia. If you are not currently working in a critical sector, this visa may be granted with no work rights. 

Apply for a Bridging Visa E (BVE) to remain lawful

If it has been more than 28 days since your visa expired, you can apply for a Bridging Visa E to remain lawful in Australia. Generally, this visa is applied for by completing the paper application form and posting or emailing it to your nearest visa and citizenship office. Most of the time, you will be required to attend a phone interview with the visa office to confirm your identity and some other details before a decision is made. 

Contact the Department of Home Affairs “Status Resolution Service”

Some people may face significant barriers in applying for a visa to remain lawful in Australia or resolving their immigration matter. The Status Resolution Service provides people with assistance in explaining their visa options, the consequences of any decisions made and help them plan their departure from Australia. In some instances, they might also be able to refer them to other service delivery providers to access support in the form of financial assistance, accommodation and health care. 

Consequences of not holding a valid visa

Australia’s immigration system is amongst the strictest in the world. Remaining in Australia unlawfully may result in serious consequences. Depending on how long you overstayed your visa, you may be subject to a re-entry ban which excludes you from returning to Australia for 3 years. It may also affect your future visa applications to Australia and to other countries. Visa application forms frequently ask whether you have previously overstayed a visa in any country. In extreme circumstances, you could be detained by Australian Border Force officers and removed from Australia. 

Assistance with your visa

The team at Titan Migration are ready to assist you in remaining lawful in Australia during the COVID-19 pandemic. We can advise you on the most suitable options for your circumstances and ways to reduce the likelihood of any serious immigration issues that may arise in the future. Contact us to book an online consultation. 

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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