If you are nearing the end of your Visa and intend to leave the country but would like some extra days to finish everything that you hadn’t finished before, what are your options?
Well, ideally, you should have planned for the end of your stay in Australia and know when your visa expires so that you can book a flight a few days before the expiry date so that you do not find yourself unlawful in Australia. This is key to having a stress-free departure from Australia and no issues when you return in the future. If this is not the case and either your visa expiry has caught you unaware or something has come up which means you need extra time in Australia or perhaps your visa has expired and you’ve only just realised, there are a couple of options for you.
1. Apply for another visa
This is only an option if you still hold a visa and it has not yet expired. You may be able to apply for a visitor visa to allow you to close your affairs in Australia before you leave. However, given your circumstances, you may receive a refusal for a visitor visa application because, at this stage, you may fail the genuine visitor requirement.
2. Apply for a Bridging Visa E (“BVE”)
This could be your last choice if you are unlawful and have no other options. There is a short list of visas that you can apply for whilst being unlawful in Australia, such as a partner visa, protection visa etc. However, if you are not eligible for one of these visas (which come with very stringent requirements), a BVE will enable you to leave Australia holding a visa and not be unlawful. It is important to apply for a BVE as soon as possible, once you have established that this is your only option as any delays may result in you being further penalised and prevented from returning to Australia.
Holding a BVE will help when you get to the airport and need to provide your details to the immigration. If you turn up to the airport unlawful, the chances are you will be interrogated as to why you are unlawful in Australia and may have a spell in a detention centre.
Should you find yourself in this unenviable position, please get in touch and we can help you ensure that your last days in Australia are as enjoyable as possible.
+61 (0) 429 133 911
jb@kulegal.com.au
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