My Australian Visa Has Expired – What Should I Do? Bridging Visa E, Unlawful Non-Citizens and the Immigration Status Resolution Service Explained

Zhanna Heenan

Visa News

If your Australian visa has expired, you may be wondering what happens next, whether you can apply for another visa, whether you need a Bridging Visa E (BVE), and whether you can remain in Australia.

These are important questions — and the answers depend on your individual circumstances.

If you are in Australia and your visa has expired, you may have become an unlawful non-citizen. The Department of Home Affairs operates the Immigration Status Resolution Service (ISRS) to assist people who do not hold a valid Australian visa and certain people who hold a Bridging Visa E.

The Immigration Status Resolution Service can assist you to address your immigration status, including applying for a Bridging Visa E where appropriate or making arrangements to depart Australia.

However, there is an important distinction between resolving your immigration status with the Department of Home Affairs and obtaining independent immigration advice about whether you have a visa pathway that could allow you to remain in Australia.

Most importantly, the Immigration Status Resolution Service is not a substitute for advice from an experienced registered migration agent about what visas you may be eligible to apply for.

If your visa has already expired, obtaining advice quickly can be particularly important because Australian migration law significantly restricts the visa applications that some people can make after they no longer hold a substantive visa.

What happens if my Australian visa expires?

Generally, if you are in Australia, are not an Australian citizen and do not hold a valid visa, you are an unlawful non-citizen.

A person can become unlawful for many different reasons.

You may have:

Whatever the reason, an expired visa should not simply be ignored.

Remaining in Australia without a valid visa can have serious consequences. An unlawful non-citizen does not have permission to work lawfully in Australia and may be at risk of immigration detention and removal from Australia.

The longer the situation remains unresolved, the more complicated the person’s immigration position may potentially become.

Can I apply for another visa if my Australian visa has expired?

Possibly — but you should not assume that you can.

This is one of the most important issues to establish if your visa has expired.

Once a person no longer holds a substantive visa, the range of visas that can potentially be applied for while remaining in Australia can become very limited.

Australian migration legislation contains restrictions affecting people who do not hold substantive visas, as well as additional restrictions that can apply following certain visa refusals or cancellations.

For example, it may be necessary to determine:

There is no single answer that applies to everyone.

Two people whose visas expired on the same day may have completely different immigration options because of their previous visa history, personal circumstances and the type of visa they may potentially qualify for.

This is why an individual immigration assessment can be extremely important.

What is the Immigration Status Resolution Service?

The Immigration Status Resolution Service is operated by the Australian Department of Home Affairs.

It works with people in Australia who do not hold a valid visa and people who hold a Bridging Visa E to help them resolve their immigration status.

Status Resolution Officers may assist with matters including:

People who are unlawful non-citizens or hold a Bridging Visa E may also be able to request an appointment with the Immigration Status Resolution Service.

What won’t the Immigration Status Resolution Service do?

This distinction is extremely important.

The Immigration Status Resolution Service is part of the Department of Home Affairs. It is not your independent migration adviser.

The Service can assist you with resolving your immigration status, including dealing with your unlawful status, a Bridging Visa E or arrangements to depart Australia.

However, the Status Resolution Service will not provide independent professional advice about how you may be able to remain lawfully in Australia. Most importantly, it will not provide comprehensive advice about which visas you may be eligible to apply for based on your individual circumstances.

That distinction can be critical.

If you no longer hold a substantive visa, there are only a limited number of visas that may potentially be available for application while you remain in Australia, depending on your circumstances.

Whether you can make another visa application — and whether there is a possible pathway for you to remain in Australia — requires consideration of your individual immigration history and the relevant Australian migration legislation.

This is where advice from an experienced registered migration agent can be particularly valuable.

What is a Bridging Visa E?

A Bridging Visa E (BVE) is a temporary bridging visa that can allow an eligible person to remain lawfully in Australia for a limited period while they resolve their immigration status.

Depending on the circumstances, a BVE may allow a person to remain lawfully in Australia while an immigration matter is being finalised or while they make arrangements to depart Australia.

If your Australian visa has already expired and you are unlawful, obtaining a Bridging Visa E may be one of the immediate issues that needs to be considered.

A BVE application can generally be made through ImmiAccount without a visa application charge.

However, a Bridging Visa E is not a permanent visa and does not give you an automatic right to remain in Australia indefinitely.

Does a Bridging Visa E let me apply for another visa?

Not necessarily.

This is a common and potentially costly misunderstanding.

Obtaining a Bridging Visa E can make your stay in Australia lawful while the BVE remains in effect, but the grant of a BVE does not automatically restore your ability to apply for any other Australian visa.

The restrictions that apply to making another visa application must be considered separately.

For example, depending on your immigration history, section 48 or other provisions of the migration legislation may restrict the applications you can make while you remain in Australia.

This is why the question is not simply:

“Can I get a Bridging Visa E?”

The equally important question may be:

“After considering my entire immigration history, is there a visa I can validly apply for while I am still in Australia?”

That question requires an assessment of your individual circumstances.

Can I work on a Bridging Visa E?

Do not assume that every Bridging Visa E has the same conditions.

The conditions attached to a BVE can depend on the circumstances in which it was granted.

If you already hold a Bridging Visa E, your visa grant notice and VEVO record should be checked carefully to determine exactly which conditions apply to you, including any conditions affecting your ability to work.

If you are currently unlawful and do not hold a visa, you do not have lawful permission to work in Australia.

Should I speak to a migration agent if my visa has expired?

Obtaining professional immigration advice can be particularly important when a visa has already expired.

An experienced registered migration agent can examine matters that the Status Resolution Service is not there to independently assess for you, including:

The objective is to establish your legal position before you make decisions that could affect your future immigration options.

My visa has expired – does that mean I have to leave Australia?

Not necessarily, but neither should you assume that you can remain.

Your options depend on your individual circumstances.

For some people, there may be another visa application or immigration process that can lawfully be pursued.

For others, Australian migration law may prevent a further onshore visa application and departure from Australia may ultimately be necessary.

The important point is to find out which situation applies to you.

Do not assume that because your visa has expired you have no options. Equally, do not assume that obtaining a Bridging Visa E means you can simply apply for another visa afterwards.

What if there is no visa pathway for me to remain in Australia?

If your circumstances have been properly assessed and there is no viable pathway to remain in Australia, departure may ultimately be necessary.

The Department of Home Affairs operates programs to assist eligible non-citizens who require help returning home voluntarily.

The Return and Reintegration Assistance Program (RRAP) may provide eligible people with assistance such as:

Even where departure is necessary, obtaining immigration advice can still be important.

How and when you depart Australia, your immigration history and the circumstances surrounding your unlawful stay may be relevant to future Australian visa applications.

Can I make an appointment with Immigration Status Resolution?

The Department provides an appointment process for eligible people who want to engage with the Immigration Status Resolution Service.

You may be able to request an appointment if you:

You must also be in Australia.

An appointment can help you engage with the Department about resolving your immigration status.

However, remember that an appointment with Status Resolution is not the same as obtaining independent advice about your eligibility for another Australian visa.

Who can give Australian immigration advice?

Immigration assistance in Australia is regulated.

Registered migration agents and Australian legal practitioners can provide immigration assistance, subject to the applicable regulatory framework.

You can check whether a migration agent is registered through the Office of the Migration Agents Registration Authority (OMARA).

No migration agent, lawyer or other adviser can guarantee that an Australian visa will be granted.

How Heenan & Browne Visa and Migration Services can help if your visa has expired

If your Australian visa has expired, you have become an unlawful non-citizen, you hold a Bridging Visa E, or the Department of Home Affairs has contacted you about resolving your immigration status, it is important not to ignore the situation.

At Heenan & Browne Visa and Migration Services, we can assess your individual circumstances and explain the options that may be available before you make important decisions about your future in Australia.

We can assist with:

Book a visa consultation today with one of our expert migration agents today.

Visa expired in Australia? Get advice before deciding what to do next

If your visa has expired, act promptly — but make an informed decision.

There are only limited circumstances in which a person who no longer holds a substantive visa may be able to make another visa application while remaining in Australia. Whether any of those options are available depends on your individual circumstances.

The Immigration Status Resolution Service can assist you to resolve your immigration status with the Department.

An experienced registered migration agent can assess the separate and crucial question of whether a lawful visa pathway may be available to you, advise you on the options available in your individual circumstances and, where appropriate, assist you with lodging a Bridging Visa E application.

If you are currently in Australia without a valid visa, obtaining professional immigration advice as early as possible can be particularly important. Book a Visa Consultation now.

This article provides general information only and does not constitute immigration advice for your individual circumstances. Australian migration legislation and policy can change. Visa eligibility and the ability to make a valid visa application depend on the circumstances of each individual case.

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