How to Legally Stay in Australia While Awaiting a Visa Decision?

Your current visa is about to expire and now you are looking for the pathways to protect your stay in Australia. Let’s explore the following options to avoid serious immigration consequences –

1. Bridging Visas

Australian Department of Home Affairs will grant a Bridging Visa when you apply for a new substantive visa. Bridging visas are temporary visas designed to keep you lawful until a decision is made on your application.

Types of Bridging visa

A. Bridging Visa A (BVA)

This visa is granted automatically when you lodge a valid onshore visa application before your current visa expires. A BVA usually becomes active once your existing visa ends and allows you to remain lawfully in Australia until a decision is made.

B. Bridging Visa B (BVB)

If you need to travel overseas while waiting for a visa decision, you must apply for a BVB before leaving Australia.

C. Bridging Visa C (BVC)

This may apply if you lodge a visa application after your previous visa has expired. BVCs often come with more restrictive conditions including limited or no work rights.

D. Bridging Visa E (BVE)

A BVE may be granted in complex situations such as unlawful stay or pending review proceedings. These visas are often short-term and subject to strict conditions.

2. Understanding Visa Conditions While Waiting

While a bridging visa allows you to remain in Australia, it may come with following conditions –

• Work rights
• Study limitations
• Compliance obligations

3. Visa application

To stay lawfully in Australia while awaiting a visa decision, your visa application must be lodged correctly. This means:

• Correct visa subclass was applied for
• All required forms were completed
• The application was lodged before your current visa expired (where possible)
• An invalid application may not trigger the grant of a bridging visa leaving you at risk of becoming unlawful.

4. What If Your Visa Has Already Expired?

If your visa has already expired and you are still living in Australia, you are considered as an unlawful non-citizen which carries serious consequences including detention, removal and re-entry bans.

Following options may still exist –

• Applying for a Bridging Visa E
• Seeking merits review or judicial review (if applicable)
• Applying for a new visa within the 28-day grace period, where available
• Time is critical in these situations, and professional legal advice should be sought immediately.

5. Staying During Appeals and Reviews

If your visa application is refused, you may have the right to apply for review at the Administrative Review Tribunal (ART). Lodging for visa application review within the prescribed timeframe can allow you to remain in Australia on a bridging visa.

6. Avoiding Common Mistakes

• Wait for the visa to expire before applying for a new one
• Travelling overseas without a Bridging Visa B
• Breaching visa conditions
• Any breach can negatively affect current and future visa applications.

7. When to Seek Legal Advice

Australian migration law is complex and bridging visa outcomes vary depending on individual circumstances. Seeking advice from an Immigration Lawyers Cannington can help secure your lawful visa status –

Final Thoughts

With the right approach, you can stay in Australia legally while your new visa application is being processed. Waiting for a visa decision does not mean you must leave Australia or risk becoming unlawful. If you are unsure about your visa status obtaining legal advice is the safest way to protect your stay in Australia.