Explore Permanent Residency Options After Your Visa Expires in Australia

 

When you come to Australia, you come with a visa that defines your purpose of stay and its duration. And, then after the purpose is fulfilled, you either plan to stay back in the island country or plan to move to your own country, or look for opportunities in other countries. But there are a huge number of students and professionals who are looking for possibilities to stay permanently in Australia. What about them? Take hold and understand that if you want to get permanent residency in Australia then you need to apply for that visa promptly and fulfill the visa requirement to study in Australia or for work purposes before the existing visa expires. The uncertainty surrounding the visa status remains to haunt every individual as it addresses the ability of an individual to remain in the country legally.

Therefore, as individuals navigate the complexities of visa regulations and impending expirations, the pursuit of permanent residency stands out as a beacon of stability, offering a pathway toward a secure and fulfilling future in Australia. In this context let us delve into the blog and get an insight into what permanent residency visa options you get after your existing visa expires. 
 

Visa Expiry: Are there limits to the visa?

Visa expiry is a sort of warning or a specified date at which your visa ceases to avail you any rights to stay in the country any longer. Whatever reason you have in mind, for coming to Australia, be it to seek higher education or for working purposes, there is a limit set on your visa to what you can do, and how much time you can stay in Australia upon that. Staying after the visa expired results is an unethical practice for which you can get jammed by severe consequences. The implications of overstaying a visa are multifaceted, and know-how:

1. Basically it can risk your identity and expose an individual to being detained and eventually getting deported by the immigration authorities. It simply would determine your character cause disruption in your personal and professional life and would tarnish immigration records that may impact future visa applications.

2. Further it can ban your re-entry into the country, for a specific period of time. Such a record can disrupt the gateways to future opportunities including your permanent residency and employment in the job market.

3. Beyond the immediate legal ramifications, your identity and reputation get diluted just because you overstayed a visa. Eventually eroding the trust built with immigration authorities, making it more difficult to secure visas or residency in the future.

4. Lastly, it can limit one's ability to avail certain benefits including access to healthcare or employment opportunities, further exacerbating the challenges of unlawful stay.

When you understand that even a bit of delay in re-applying for a visa before the previous one expires can cause you these implications, you must navigate proactive measures to address visa expiration, so that you comply with immigration laws and safeguard your status in Australia.
 

Proactive measures to address visa expiration

If you have overstayed your visa or if your visa is going to expire within a few days from now, make sure that you ensure that you take the steps to hinder yourself from the fringes which might stop you from reapplying for the visa later on. 

Before we begin, it is valid if you communicate with your immigration lawyer. An immigration lawyer will discuss all the visa options available with you and inform you about the privileges they carry, while you can stay in the country.

But suppose you directly reach out to the Department of Home Affairs, before consulting the immigration lawyer. In that case, you will be instructed to leave the country and granted a very short temporary Bridging Visa E (BVE) which gives you only enough time to make travel arrangements. 

The steps you can take to resist such a situation: 

1. Access your situation and options: You need to access your situation and then find options that best suit your situation. Firstly, mark the points to determine in which situation you fall: How much time you have elapsed since your visa expired, whether you applied for a visa and it got refused, and if your previous visa had the condition of “no further stay” in Australia.
The Department of Home Affairs offers a 28-day ‘grace period’ during which time you can generally apply for another type of visa without being subject to the 3-year exclusion period.

2. Research for available options: This includes getting your visa renewed, communicating with immigration lawyers, exploring visa options, and much more. 

a) If you want to stay in Australia, you can check the eligibility and apply for alternative visas as soon as possible. Check the requirements and application process for your specific visa type on the Department of Home Affairs website or consult with a migration agent for assistance.

b) You can seek assistance from an immigration officer only when you have broken the rules and are overstaying illegally in the country. They will help you navigate the visa options available for you, whilst personal guidance based on your situation.

c) In some cases, you may be eligible to apply for a bridging visa which grants you time, while you await a decision on a new visa application or appeal. This provides you with lawful status in Australia during the processing period.

d) You must avoid overstaying if your visa has expired. It will not just do good to you, contrastingly it might adulterate your identity and reputation in front of the Department of Home Affairs. This serves to have serious consequences, including being banned from re-entering Australia for a specified period. If your visa has already expired, take immediate steps to rectify your status.

e) In case you find no suitable way to renew your visa or obtain another visa type, you may need to leave Australia before your unlawful stay becomes too long. Departing voluntarily can have a positive impact on any future visa applications.

3. Stay Informed: Stay updated on changes to immigration laws and policies that may affect your situation. Regularly check the Department of Home Affairs website for updates, and consider subscribing to relevant newsletters or seeking guidance from reputable sources.

4. Maintain Records: Keep thorough records of all communications, visa applications, and relevant documentation related to your visa status. This documentation can be valuable for future reference and may be required for visa applications or appeals.

By taking proactive measures to address visa expiration, individuals can mitigate risks, ensure compliance with immigration laws, and safeguard their status in Australia.
 

Explore Permanent Residency Options  for a professional After their Visa Expires in Australia

Professionals in Australia, whose visas have expired, can obtain permanent residency to ensure long-term settlement and stability. Here are some common pathways to explore for achieving permanent residency after a visa has expired:

1. Employer Nominated Scheme (ENS) (Subclass 186)

This visa is for people who previously held a temporary skill shortage visa (subclass 482). It offers a pathway to permanent residency to skilled workers who get nominated by their employers to stay permanently in Australia. It comprises three streams: the Temporary Residence Transition stream, the Direct Entry stream, and the Agreement stream. To be eligible for this visa, you must possess the necessary skills, and secure a job offer from an employer willing to sponsor the eligible candidate.

2. Skilled Independent Visa (subclass 189)

The individuals who have held a skilled visa subclass such as subclass 485, or subclass 489 and have accumulated the required skills and experience, can re-apply to a skilled independent visa to expand their stay and get permanent residency. The skilled worker does not get nominated or sponsored by any employer, instead, they must qualify to meet the points test criteria based on factors such as age, English proficiency, skills, qualifications, and work experience in an occupation listed on the relevant skilled occupation list.

3. Skilled Nominated Visa (subclass 190)

If your skills and expertise align with the demand of job offers available in that state or territory. Additionally, you get sponsored by the state or the territory itself, and an applicant must meet the points test criteria. To be eligible for this visa, you must have been in Australia holding a skilled work regional (provisional) visa (subclass 491) and have been working for at least three years in a regional area.

4. Business Innovation and Investment Visa (subclass 188/888)

For those who aspire to establish, develop, or manage a business by utilising their critical business skills in the competitive job market, this is the visa to re-apply for, consequently offering a pathway to permanent residency. To be eligible to re-apply for this visa, you must hold a relevant business visa subclass, such as subclass 188 or subclass 457/482, and meet the requirements for business innovation or investment.
 

Explore Permanent Residency Options  for international students After their Visa Expires in Australia

If you are an international student who at the moment acquired a student visa (subclass 500), which is going to expire soon, you will need to re-apply for visas that best apply to your intention to seek permanent residency in Australia.  There are many different visas you can apply for, depending on your circumstances. This includes:

1. Skilled Independent Visa (subclass 189)

The main trait of this visa is that it does not get sponsored by a state or a territory government. An International student who has completed his/her studies in Australia and has gained relevant skills and work experience in a specific field is meant to be eligible to apply for the subclass 189 visa. 

2. Skilled Nominated Visa (subclass 190)

Similar to the subclass 189 visa, the subclass 190 visa is for skilled students who have been nominated by a state or territory government in Australia. International students who meet the eligibility criteria and are nominated by a state or territory may apply for this visa.

3. Skilled Regional (Provisional) Visa (subclass 491)

International students who have studied in regional areas and meet the eligibility criteria may be nominated by a state or territory government or sponsored by an eligible relative living in a designated regional area.

4. Employer Nomination Scheme (subclass 186)

International students who have secured employment with an Australian employer are eligible to apply for the subclass 186 visa, assuring permanent residency if they meet the necessary criteria.

5. Temporary Graduate Visa (subclass 485)

The subclass 485 visa allows international students who have recently graduated from an Australian educational institution to remain in Australia temporarily to gain work experience. Depending on the stream, this visa may provide a pathway to permanent residency through skilled migration programs.

6. Business Innovation and Investment Visa (subclass 188/888)

Again if the student possesses entrepreneurial ambitions and skills, the subclass 188 visa offers a pathway to permanent residency simplifying their stay and investing in a business. 
 

How to apply for a new visa if your current visa has expired in Australia

1. Understand the eligibility of visa: Each visa has its significant eligibility criteria, the one who meets the requirements can apply to any particular visa. Make sure that you consider factors such as your current circumstances, immigration history, intended activities in Australia, and any specific requirements or criteria for the visa type.

2. Choose an appropriate visa type: Whether you are a student or a professional, if your visa is expiring, look for visas that can help you stay for more duration and are suitable as per your interest. There may be slight differences in the visa types for both aspects, therefore you can choose the one that meets your requirements. 

3. Gather documents and fill out the application: Once you get back to your own country, fill out an application form for another visa and gather all the necessary documents required for evidence. This may include identity documents, proof of financial capacity, evidence of employment or study, health and character checks, and any additional documents specified by the Department of Home Affairs for your chosen visa subclass. 

4. Pay the visa fee and attend biometrics: before submitting the visa application form, pay the fees depending upon your individual circumstances and visa subclass. Moreover, you can attend biometrics if required, such as fingerprints and a photograph as part of the visa application process.

5. Receive a visa grant: Once your visa application is approved, you will receive a visa grant notification outlining the conditions of your visa, which include the validity period, work and study rights, and any other relevant details. Make sure to read and understand the conditions of your visa and comply with them while in Australia.
 

Conclusion

Australia is a destination that serves as a home to many international students and professional workers. The ones who have been residing in the culture and atmosphere of Australia find suitable ways to receive grants for permanent residency. After the visa expires, these folks find themselves in a mist, unable to find the relevant visa type and strategies to apply for permanent residency in Australia. An individual should take charge of their immigration journey and actively pursue pathways to acquire the residency. Whether through gaining relevant work experience, obtaining state or territory nomination, or establishing a business in Australia, there are numerous avenues to explore.

The blog helps enlist the various pathways to permanent residency, including skilled migration visas, employer-sponsored visas, regional migration schemes, and more. You can check out the eligibility, opportunities, and other set of requirements as per your preference.

Read More

1.  What is the success rate of the Australia visa in 2023?
2.  How do I Get a Visa for Australia from India
3.  Your Go-To Guide for Visa Applications: Everything You Need to Know