What To Do If Your Australian Visa Has Expired?

What To Do If Your Australian Visa Has Expired?
Posted by admin
on November 29, 2019

Are you dwelling in Australia for quite some time? Have your Australian Visa recently been expired? Well, if that is the case, don’t get on your nerves for that at all. There are many ways through which you can continue living in Australia even if your Australian visa has expired. And if your visa has expired for less than 28 days, then you can re-apply for a new visa effortlessly. And it would be even more beneficial if you have permanent citizenship in Australia. Also, if any of your familial acquaintances live there as a permanent dweller and refers to you, then you can re-apply as well.

An immigration lawyer is a must

Are you anyhow wondering that you are going to approach the Department of Home Affairs regarding your visa cancellation? If, so then do away with your decision right now. Instead, get in contact with a potential Migration Agent Adelaide as fast as possible. Your hired lawyer will be able to provide you with the right visa option that will secure your stay in Australia. And you need to provide some additional information for your lawyer’s convenience. And if you find any information to be confidential enough to keep it unrevealed, your lawyer will definitely do that.

Why the need for an immigration lawyer?

As already told above that if you directly approach the Department of Home Affairs, the consequences can be dire. Instead of giving you a visa renewal permission, they will ask you leave the nation. This they will do by allowing you a sojourn in the nation through the means of Bridging Visa E (BVE). And this will make your entire plan topsy-turvy instead. But if you hire an immigration agent in relation to your visa renewal procedure, the benefits are aplenty. Your concerned lawyer will offer you all the visa options available at the moment. And doing so is perhaps the best plan to execute rather than opting for any other option.

What are the options available?

To say in a nutshell, there are primarily three factors that affect the visa type post your visa cancellation. No matter whether you were refused the grant for a new visa or cancelled or the visa offers a ‘no further stay’ condition. These three factors will remain the same and are worth taking into consideration. The three of them being as follows:

  1. Duration of your Visa Expiry

    If your concerned visa has not expired for more than 28 days, then that’s the best part. There will be plenty of visa options available to you. The Department of Home Affairs will also provide you a grace period of another 28 days. And you can certainly re-apply for any other type of visa within this time period. By doing so, you can also prevent yourself from the 3 years exclusion period. According to this, you cannot apply for any new type of visa within a time-frame of 3 years after leaving this country.
  2. Whether your visa has been refused or cancelled

    According to the Australian norms, there are many laws pertaining to the realm of visa application. Whether you have faced rejection or cancellation of your new visa while re-applying from Australia. You will instantly get subject to what is known as Section 48 Bar. This law hinders the applicant to apply for a new visa if it has been abruptly cancelled or refused. Unless and until the visa is exceptionally different according to Regulation Act 2.12, this law will remain applicable. And this law is applicable if the applicant is applying for the same while residing in Australia. And the visa types included under Section 48 are partner visas, protection visas as well as other types of temporary visas.
  3. Have you got a ‘no further stay’ condition on your last visa?

    There are a number of visa types which are approved against a condition of 8503. And it grants the permission of the visa with a ‘no further stay’ condition. Besides, if your visa has expired with the means of this particular visa, your concerned Dept. will prevent you from re-applying. And you cannot apply for a new visa any further. This is because waivers are allowed permission within a very limited set of circumstances.

Also, read: Explore Different Ways To Enter Australia Through Student Visa

What happens if you overstay with your Australian visa?

While living in Australia, you must be the holder of legal visa. And once your visa has expired, it’s not all a feasible option to stay in Australia any further. Nonetheless, if you do so, it can lead to adverse consequences. More often than not, the Australian visa applicants are required to present their return plane ticket. And this is required as an indispensable document when they are applying for their concerned visa. The primary motive behind the submission of this document is to ascertain his/her genuine intention to stay in Australia. And how genuinely they want to stay in the nation after their visa expiry is also a factor to ascertain.

It leads to dire consequences

If you do not abide by the various conditions of an Australian visa overstay rules, it leads to severe consequences. By this, you are endangering your scopes to re-apply for a visa and cannot come to Australia anymore. And citizens who don’t respect their visa condition will be flagged within the Australian immigration system. This implies that they will face both visa cancellation and denial of admittance to the corresponding Australian nations.

Deportation can also come into being

If you continue to overstay in Australia despite your visa’s expiry, it can lead to severe consequences. The Department of Home Affairs shall be compelled to get you deportation from the country. And your concerned immigration department will also charge an additional amount from you for implementing the action. But, there is nothing to get scared at all. An adept Migration Agent Adelaide can help you greatly in this regard. Your concerned migration agent will help in every possible way to make you abide by the visa rules and regulations. He/she will help you to prove your intentions to abandon the country. And your migration agent will help you in every possible manner in doing so.

How to apply for a new visa?

You will certainly be required to apply for a new visa if you want to stay in Australia again. And for that you need to conform to the right application processes. And to the best of suggestion, you must get in contact with a potential Migration Agent Adelaide shortly. Or you can get in contact with a potential immigration lawyer as well. Your concerned lawyer or agent will help you in every possible manner regarding during the entire application procedure. Your concerned agent or legal advisor will identify the circumstances you are going through first. He/she will then recommend an apt visa type according to your varying needs. These professionals are adept at getting you the best legal advice and implementing the entire application process successfully.

General Frequently Asked Questions (FAQs) About Australian Visa

1. Can you go to jail for overstaying your visa?

Well, there are pretty high chances for you to go to jail. This can happen if you violate the overstaying laws in Australia. This implies overstaying in Australia illegally for more than 28 days despite its various norms imposed. And at the most you can be subject to the 3 years exclusion period. This implies that you cannot re-apply for any sort of new visa while leaving in Australia during the 3 years period.

2. What is the penalty for overstaying a visa?

When it comes to the penalty for overstaying an Australian visa, it leads to dire consequences. You can either be flagged in the Australian immigration system or become subject to 3 years exclusion period. This will prevent you from re-applying for any new type of visa for the next 3 years.

You might like: 5 Common Reasons For Rejection of Australian Visas

3. Can I travel back to my home country with an expired visa?

The answer is a big no. Any country doesn’t allow its citizens to enter the nation without being the holder of a valid visa. And when it comes to Australia you can get back to your homeland within the extended visa validity period.

4. Can I extend my visa in Australia?

Well, being in Australia means, applying for a new visa and not extension instead. However, you can apply for an extension period to your Visitor visa subclass 600 devoid of the 8503 condition.

5. How much does it cost to extend a tourist visa in Australia?

Well, to extend your visitor visa for the first time you need to pay $345. And if you are doing it for the second or third time you will be required to pay $1045 at the most.

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