Introduction to Parent Visa Australia Expiring
In the wake of the present pandemic situation, the Australian Government has sealed the borders on 20th March 2020 to prevent the spread of the virus.
With the news, many people staying in the country have been taken aback as and what to do as their Parent Visa Australia is about to expire.
In order to lawfully live in the country, contact an immigration lawyer in Perth, who can guide you through the entire process and what you need to do.
The lawyers have all the details regarding the visa, which will help you further reside in the country. Let’s check out the process and what you need to do.
Evaluating the circumstances
Three aspects can affect visa pathways when it gets expired. Firstly, you have applied for a visa and have been refused.
Secondly, the time for which you are staying in the country after the expiry of the visa, and thirdly, if the expired visa contains a “no further stay” condition.
Cancellation or refusal of a visa
Presently, if you are residing in the country unlawfully and have been refused another visa, you can be subjected, to Section 48 of the Migration Act 1958 (CTH) bars. It indicates that even if you are in Australia, but you still have been canceled or refused to apply for a new visa.
Does your visa contain a “no further stay condition”?
Some visas are there permitted with a “no further stay – Condition 8503”. In case you have this condition, the department waives it before applying for a new visa. In certain situations only, the waivers are permitted.
How much time it has been till your visa got expired?
Several alternatives are available to you if the visa has got expired within the last 28 days. In some instances, a “grace period” of 28 days is given by the Department of Home Affairs. In 28 days, you can go ahead and apply for a visa, which will keep you away from the exclusion period of three years.
Bridging Visa E (BVE)
Irrespective of which visa you want, the Department of Home Affairs in Australia grants a Bridging Visa E to stay in the country.
In some situations, the authority can also detain you. Well, a Bridging Visa E is a temporary visa granted till the time you make arrangements to leave the country.
It’s a short term visa valid for 35 days, and you are not allowed to stay for long with a BVE. Well, you can work with a BVE or not depends on the situation.
However, you can go for a work rights visa preferable if you attain the specifications. But you are prohibited from traveling with a BVE, and in case you are leaving Australia with a BVE, you will be prohibited from applying for a substantive visa for three years. Now you can go ahead and check the next step.
Apply for a new visa
If you wish to continue your stay in Australia, you can apply for a substantive visa. Get in touch with Migration lawyer Perth to understand the options.
They are highly specialized in such things and can guide you in the right direction. Explore all the visa options, and you might come to know that there are limited options for you as you have a Bridging Visa E.
The visa options available to you are partner, temporary protection, child, medical treatment, and resolution of status. It would be better to get professional guidance to decide which visa you should apply for.
In case you have made arrangements to leave the country after the visa has expired, the immigration officers will not detain you.
If you wish to leave the country but do not have enough funds, you need to make some arrangements to return to your own country.
It’s illegal to stay in Australia after your visa gets expired. You will become an unlawful non-citizen, and higher officials can detain or arrest you if they come to know about you.
Also, you will be prohibited from applying for a visa and pay some amount to remove you from the country. If you are detained, you can ask for legal support until it’s not a special case.
Apply for a visa before anyone finds you residing in the country unlawfully. Once you get detained, it would be quite a difficult situation for you in a foreign land.
Many legal alternatives are there if you want to go ahead with an Australian visa after it has got expired. The Australian immigration lawyers can guide you in this situation so that you can stay lawfully in Australia.
Do not worry as the best team of lawyers is always there for you. Hopefully, now you know what you need to do if your visa has got expired.