If you’re on a temporary visa that’s due to expire (or has already expired) whilst in Australia, you might be wondering what to do! Check with an immigration consultant to see if there are any possibilities of applying for another visa subject to your ability to satisfy visa requirements.
If you do not follow the right options, it could impact your ability to apply for visas in the future if your visa status becomes unlawful.
If your visa has already expired, but within 28 days post expiry:
In the event that your visa has already expired, you must immediately apply for a Bridging visa E (BVE) to remain lawful. In the interim while you make arrangements to leave the country, the BVE will allow you to remain lawfully in Australia. Even if your visa has already expired, you can still apply for a BVE if you do so within 28 days of the visa you were on having expired.
If your visa expired over 28 days ago:
In the event that your visa expired more than 28 days ago then you must immediately contact the Status Resolution Service (SRS) or seek legal advice. SRS officers will be able to assist you with any other visa options that you may be eligible to apply for. If there is no other visa option available for you, they will help with your departure from the country.
Impact due to Covid:
Several services that are required to complete a visa application have been affected by COVID-19 including medical checks and so on. Also at present, it is not only difficult to get a flight to leave Australia but travel can be very costly.
Visa for Temporary Activity
In many cases, you will be able to apply for a Subclass 408 Temporary Activity visa which allows you to stay on in the country if you have no other visa options and are unable to depart Australia due to COVID-19 travel restrictions. Under this visa class, you can continue your work in critical sectors including agriculture, food processing, health care, aged care, disability care and childcare during the pandemic.
In order to make an application for this visa, you should be holding a visa that is due to expire in 28 days or less, or have the last substantive temporary visa expired less than 28 days ago.
Your employer will be required to furnish proof that you have ongoing work in a critical sector and that an Australian Citizen or Permanent Resident cannot fill the position, or should be able to demonstrate you cannot meet the requirements of any other visa. It is also important to note that you must maintain adequate health insurance during your stay in Australia.
To know more about your options, connect with the MWT Education Consultancy team.