Can I apply for a new visa after my visa has expired?

It depends on your circumstances. If you are subject to the section 48 bar (because you have had a visa refused or cancelled since your last entry to Australia), you can only apply for certain visas onshore. If you are not subject to the section 48 bar, you may be able to apply for a new visa. I will advise you on your options based on your specific circumstances.

What is the 28-day rule for visa applications?

If you lodge a valid visa application within 28 days of your visa expiring, you may be granted a Bridging Visa A (BVA) that allows you to remain in Australia lawfully while your application is being processed. If you lodge after 28 days, you may still be able to apply, but you will not automatically receive a bridging visa and may be considered unlawful. The 28-day rule does not apply to all visa subclasses.

Can I travel outside Australia if my visa has expired?

No. If your visa has expired, you cannot travel outside Australia and return on that visa. If you depart Australia, you will need a valid visa to re-enter. If you hold a Bridging Visa, you should check whether it has travel rights before departing — most bridging visas do not have travel rights, and departing Australia will cause the bridging visa to cease.

What are the consequences of overstaying my visa?

Overstaying your visa can have serious consequences, including detention, removal from Australia, and a re-entry ban. The length of the re-entry ban depends on how long you overstayed. In some cases, overstaying can also affect your eligibility for future visas. I strongly recommend seeking legal advice as soon as possible if you have overstayed your visa.

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Urgent — strict deadlines apply

Visa Expiry

Your visa is expiring — don't wait until it's too late.

Nilesh Nandan

Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026

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Overview

If your visa is about to expire or has already expired, you need to act immediately. Once your visa expires without a valid application lodged, you become an unlawful non-citizen in Australia. This can result in detention, removal, and a re-entry ban that can last 3 years or more. The good news is that in many cases, there are options available — but only if you act quickly.

Verify all deadlines independentlyThe visa expiry deadlines and time limits referenced on this page are general guidance only and may not reflect your specific circumstances. Appeal periods and response deadlines vary depending on the visa type, the basis of the decision, and how and when the decision was notified to you. Always check your decision letter for the exact deadline that applies to your case and seek independent legal advice before relying on any date. Getting a deadline wrong can permanently affect your appeal rights.

If your visa has not yet expired, the most important thing is to lodge a new visa application before the expiry date. In most cases, lodging a valid application before your current visa expires will grant you a Bridging Visa A (BVA), which allows you to remain lawfully in Australia while your new application is being processed.

If your visa has already expired, you may be able to apply for a Bridging Visa E (BVE) to regularise your status while you make arrangements to depart or lodge a new visa application (if eligible). However, BVE options are limited and time-sensitive — the longer you remain unlawful, the fewer options you have.

Overstaying your visa can have serious long-term consequences, including a 3-year exclusion period that prevents you from being granted most visas to return to Australia. In some cases, this can be extended to a permanent exclusion. I can advise on your specific situation and the best course of action.

Key Facts

Bridging Visa AGranted automatically when you lodge before expiry

Bridging Visa EAvailable after expiry — limited options

Exclusion Period3 years (can be longer in some cases)

Detention RiskHigh if unlawful — seek advice immediately

Time SensitivityEvery day matters — act now

How I Work — Step by Step

Urgent Status Check

I check your current visa status and identify exactly how much time you have.

Options Assessment

I identify all available visa options and advise on the best pathway.

Application Lodgement

I lodge the most appropriate application as quickly as possible.

Bridging Visa

I ensure you have a valid bridging visa to remain lawful while your application is processed.

Ongoing Management

I manage your application and any compliance issues with the Department.

What I Do

Assess your current visa status and identify all available options
Lodge a new visa application before your current visa expires (if possible)
Apply for a Bridging Visa E if your visa has already expired
Advise on the implications of overstaying, including exclusion periods
Prepare applications to waive the 3-year exclusion period where possible
Represent you in any dealings with the Department of Home Affairs

Who Is This For?

›Visa holders whose visa is about to expire and who need to lodge a new application urgently
›People whose visa has already expired and who are now unlawful in Australia
›People who have overstayed their visa and need advice on their options
›People who are subject to a re-entry ban and wish to return to Australia

Recent Case Outcome

I recently assisted a client who had inadvertently overstayed his student visa by a few weeks due to a family emergency. We successfully argued that his circumstances were compelling and compassionate, securing him a Bridging Visa E and avoiding a re-entry ban. We then prepared a detailed submission to the Administrative Review Tribunal (ART) which ultimately led to the grant of a new substantive visa.

* Details anonymized to protect client confidentiality.

Common questions about

What happens if my visa expires while I am in Australia?+

If your visa expires and you have not lodged a new visa application, you become an unlawful non-citizen. This means you have no legal right to remain in Australia, you cannot work, and you may be placed in immigration detention and removed from Australia. You may also be subject to a 3-year re-entry ban.

Can I still apply for a visa after my current visa has expired?+

In some cases, yes. Certain visa subclasses can be applied for even after your previous visa has expired. However, your options are more limited than if you had applied before expiry. A Bridging Visa E may be available to regularise your status. I can assess your specific situation and advise on what options remain available.

What is a Bridging Visa E?+

A Bridging Visa E (BVE) is a short-term visa that can be granted to people who are unlawful in Australia. It allows you to remain lawfully while you make arrangements to depart or, in some cases, while a new visa application is being processed. BVEs have limited conditions and are time-sensitive.

What happens if my Australian visa expires while I'm still in the country?+

Once your visa expires, you immediately become an 'unlawful non-citizen' under the Migration Act 1958. This is a serious situation, as it means you are in Australia without a valid visa. The Department of Home Affairs has the power to locate, detain, and remove unlawful non-citizens. To regularise your status, you must apply for a Bridging Visa E (BVE) immediately. A BVE is a short-term visa that allows you to remain lawfully in Australia while you make arrangements to depart or finalise your immigration matter. If you overstay by more than 28 days, you may be subject to a three-year re-entry ban, which will prevent you from being granted most temporary visas to Australia in the future. It is critical to act quickly, and I can assist you in navigating this complex process to minimise the consequences.

I've overstayed my Australian visa. Can I apply for another visa?+

This is a common but complicated question. If you have overstayed your visa and do not currently hold a substantive visa, you are likely subject to what is known as the 'section 48 bar'. Section 48 of the Migration Act 1958 prevents you from applying for most other visas while you are in Australia. There are very limited exceptions to this rule, and the visas that you can apply for are prescribed by law, such as a Protection visa (subclass 866) or a Bridging visa. In some specific circumstances, you may be able to have the section 48 bar waived. Given the complexity and the severe implications of this bar, it is crucial to seek professional legal advice. I can assess your individual circumstances to determine if you fall within one of the exceptions or if you have other options available to you.