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Visa Expiry

immigration lawyer

 

Your visa expiry date is one of the most important things to keep track of when staying in Australia. If your visa is about to expire—or has already expired—you need to act fast to avoid becoming unlawful, which can lead to detention, removal, or even bans on future visa applications.

If you’re unsure about what to do next, don’t panic—I can help. Let’s go through your options and how to stay legally in Australia.

What Happens When Your Visa Expires?

If your visa expires, you will become an unlawful non-citizen under Australian immigration law. This means:

🚨 You no longer have legal status in Australia.
🚨 You may be detained or removed from the country.
🚨 You could face re-entry bans, making it harder to return to Australia in the future.

The good news? You may still have options to stay lawfully in Australia—but you need to act quickly.

What Are Your Options Before Your Visa Expires?

If your visa hasn’t expired yet, you still have time to explore options. Here’s what you can do:

✅ Apply for a new visa – If you’re eligible for another visa (such as a Student, Work, or Partner Visa), you may be able to apply for it before your current visa expires.
✅ Apply for a Bridging Visa A (BVA) (if eligible) – If you have applied for a new visa, you may receive a Bridging Visa A (BVA), allowing you to stay in Australia while your application is processed.
✅ Request an extension of stay – Some visitor visa holders may be able to apply for another Visitor Visa (Subclass 600).
✅ Depart Australia before your visa expires – If you don’t intend to apply for another visa, it’s best to leave before your visa expires to avoid negative consequences.

If you have had a previous visa refusal or cancellation, you may be barred from applying for another visa while in Australia under Section 48. To understand more, read my Guide to Section 48 Bar and Bridging Visa Holders.

What If Your Visa Has Already Expired?

If your visa has already expired, you need to act immediately to avoid further penalties.

🚨 Step 1: Apply for a Bridging Visa E (BVE)

A Bridging Visa E (BVE) (Subclass 050 or 051) allows you to stay lawfully in Australia while you prepare to depart, lodge a new visa application, or wait for an immigration decision.

However, BVE applications are not automatically granted—you must provide a valid reason for staying in Australia.

🚨 Step 2: Check If You Qualify for a New Visa

Even if your visa has expired, you may still be eligible for another visa under certain circumstances. For example:
✅ If you’re in a relationship with an Australian citizen or permanent resident, you may be eligible for a Partner Visa.
✅ If you have compelling circumstances, you may be able to apply for a visa despite your unlawful status.

🚨 Step 3: Consider Voluntary Departure

If no other options are available, it may be best to leave Australia voluntarily. This will minimize future visa restrictions and avoid deportation risks.

🚨 Step 4: Seek Professional Help

Overstaying a visa is serious, and your next steps can impact your ability to return to Australia in the future. I’ve helped many clients resolve their visa expiry issues, and I can guide you through the best course of action.

If you’ve missed an appeal deadline or are facing a non-reviewable visa decision, you may still have options. Read my Guide on What to Do After Missing an ART Appeal Deadline.

Overstayed Your Visa? Here’s What You Need

Many people accidentally overstay their visa due to misunderstandings about their visa conditions. However, staying in Australia unlawfully—even for a few days—can have serious consequences.

🚨 No Further Stay Conditions – If your visa had a “No Further Stay” (Condition 8503, 8534, or 8535), you may not be able to apply for another visa while in Australia.
🚨 Re-Entry Bans – Overstaying for more than 28 days may result in a 3-year re-entry ban under PIC 4013.
🚨 Risk of Detention – The longer you remain unlawful, the higher the risk of being detained and forcibly removed.

👉 If you have overstayed, talk to me immediately—there may still be a way to fix your situation.

How to Avoid Visa Expiry Problems

✅ Set Reminders for Your Visa Expiry Date – Keep track of your visa’s expiration and plan ahead.
✅ Understand Your Visa Conditions – Some visas cannot be renewed from inside Australia, so it’s important to check your options early.
✅ Seek Advice Before Your Visa Expires – If you’re unsure about your next steps, getting professional help early can make all the difference.

Need Help With a Visa Expiry Issue? Let’s Find the Right Solution

If your visa is expiring soon or has already expired, don’t wait—reach out now so we can explore the best solution for your situation.

I’ve helped many people stay lawfully in Australia, apply for new visas, and avoid overstaying penalties. Whether you need a Bridging Visa, a new visa application, or an urgent solution to an overstayed visa, I’m here to help.

📅 Book a consultation with me today: Schedule an Appointment

 

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