What should I Do if my visa is nearing expiry?
If you have a visa that is nearing expiry, it is important that you understand your options.
Becoming unlawful or applying for the wrong visa could affect your rights to re-enter Australia or apply for permanent residency at a later date.
We recommend that your discuss your matter with a Migration Agent who could form a strategy to assist you.
Some of the choices could include:
- COVID19 visa (with work rights)
- Temporary Graduate Visa
- Another Student Visa
- Working holiday Visa
- Partner visa
What should I do if my visa is on the verge of expiring and I don’t have any options?
The Department introduced a new sub stream under the subclass 408 visa in response to the Pandemic to permit the extended stay of temporary visas holders in Australia until the outbreak has subsided.
The criteria for the Subclass 408 (COVID19) is the following:
- in Australia at the time of application; and
- unable to depart Australia due to the Covid-19 Pandemic; and
- either:
- the holder of a temporary visa that is 28 days or less from expiring; or
- the holder of a temporary visa that expired no more than 28 days before making an application for a subclass 408 visa; and
- unable to make a valid application or meet the criteria for:
- the same subclass of visa they currently hold; or
- a temporary visa of any other subclass other than a subclass 408 visa
If you are able to provide a letter from an employer in a critical sector you will be granted work rights but a restriction to work with that employer. Critical sectors include medicine, healthcare, disability and aged care, childcare and agriculture sector.
If you are not able to provide such a letter, the Subclass 408 visa will not provide you with work rights.
What should I do if my visa has accidentally expired?
Firstly, don’t panic! It is important that you discuss your options with a migration agent. If your visa has only just expired, you may be able to apply for another visa if you’re within the required window.
If however, you have missed it entirely and it’s been a few weeks since your visa expired, then you will need to apply for a Bridging Visa E. If you don’t apply the Australian government may detain you. Regardless, this may affect your rights to re-enter Australia at a later date.
How we can Help?
Summit Migration provides free 15 minute general information assistance to all callers. Claim your free telephone consultation today! Call us on (07) 31777609
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