Expired Australian visa? All is not lost!
Regardless of circumstance, if your visa has expired, we strongly recommend seeking legal advice before contacting the Department of Home Affairs. An expired visa may lead to detention, deportation, and re-entry bans.
Once you inform the Department, a Bridging Visa E application will be suggested to you. A Bridging Visa E application permits you to stay in Australia legally and continue to prepare your departure or apply for another Australian visa.
Bridging visas
Bridging visas are only for onshore applicants. They allow applicants to remain in Australia legally but only on a short-term basis.
There are different types of bridging visas:
Bridging Visa A (BVA);
Bridging Visa B (BVB);
Bridging Visa C (BVC); and
Bridging Visa E (BVE).
Bridging Visa A (BVA) is the most applicable for people in this situation and for this reason, this visa is automatically provided upon lodgement of a valid application. This visa becomes a bridge between the expired one and the second, not yet approved, visa. Therefore, this visa is not a standalone visa and permits the same rights as the expired visa. For example: If your working visa has expired, you may continue to work. If you were on a tourist visa, you cannot.
Please note: Whilst on a BVA, you may not leave and re-enter Australia without obtaining a Bridging Visa B.
Bridging Visa B (BVB) is provided for travel if you are currently on a Bridging Visa A.
Bridging Visa C (BVC) is similar to a BVA, however, it is applied if the previous visa expired prior to applying for a new visa.
Please note: work rights are not automatically extended unlike with a BVA.
Bridging Visa E (BVE) permits your stay in the country whilst organising travel to exit Australia.
If you have overstayed by more than 28 days, you will be subject to an exclusion period once you apply for another Australian visa. This may prevent acquiring future visas for a minimum of three years, however, the exclusion period can be waived under certain circumstances. Any payments associated with your detention and deportation will be incurred by you. Any future visa applications will be rejected until payments have been made.
If your visa is already expired, there are still avenues available. At TooRoo, our team of expert solicitors will provide sound and thorough advice on visa applications and understanding your legal rights and responsibilities.
Contact us for any Immigration Needs
Immigration law is an area that is complex and has little room for error and using an immigration lawyer will ensure the protection of your visa application and future in Australia. Here at TooRoo Migration Lawyers, our team of expert solicitors will provide sound and thorough advice on visa applications, applying for citizenship, and understanding your legal rights and responsibilities.
Disclaimer
This blog provides general information and is not intended as legal advice specific to your circumstances. Please feel free to seek our professional legal advice if you have any questions, concerns and/or queries.
