My visa expires soon, but I have heard there is a grace period of 28 days. Can I just lodge my application then?

Beware of the ‘grace period’ myth. As soon as your visa has expired, if you have not already organised another visa type, you will be unlawfully in Australia and your options for lodging any further applications will be very limited. While there are some solutions if you do find yourself in this situation, it is definitely not a situation you want to enter into wilfully.

If you remain in Australia unlawfully for more than 28 days you will have a three year ban from most temporary visas in Australia. While you can apply for some permanent visas during the ban, it doesn’t mean the DHA will process your visa.  

If you have overstayed your visa, by any amount of time, you should seek migration advice immediately from an experienced immigration lawyer or registered migration agent. There may be strategies and options to resolve your immigration status, but the longer you leave it the harder it gets.

TIP: While it is uncommon, the Department can contact migration agents when seeking the whereabouts of an unlawful person. If you engage a legal practitioner, however, your information will be subject to legal privilege and cannot be disclosed except in extremely limited circumstances.

Can I apply for another visa while in Australia?

Generally, you can apply for another visa while in Australia. However, it depends on your particular circumstances. 

If your current visa has a No Further Stay Condition attached to it (such as condition 8503 or 8534), you will not likely be able to apply for another visa while onshore.

If you are on a bridging visa, while waiting on a decision for another visa application, and that visa application is refused, then you will not be able to apply for another visa while onshore.

While there are some exceptions to these restrictions, exceptions are extremely limited.

If you are unsure about whether or not you can lodge another application while in Australia, you should book in for a consultation with an experienced immigration lawyer or registered migration agent to discuss your options. Click here to book a chat with us.

My friend said…

Let me stop you right there. A lot of people that go through the visa process have friends, colleagues, family members or others they know going through a similar process.

It is common, and completely natural, that they discuss their applications and experience. However often times one, or both, will come away feeling worse about their application. They might be more concerned and anxious that their application is taking a long time to process; they might be worried that their application will fail after hearing a horror story from the other; or they might walk away wondering why their case officer hasn’t been nice and helpful to them like their mate’s has. But similar to the Instagram vs reality sentiment, you’re never going to get the full story about someone else’s visa application.

Make sure you are super wary of advice you receive from your peers about Australian immigration. Not only might they not be telling you the whole truth, they might be telling you an outdated truth or a story where they slipped through the system when they wouldn’t normally do so.

Try not to let any advice you get from your mates leave you feeling demoralised. No two applications are the same. None. So, there is no point comparing. Your applications might be for different visa types, they will be lodged at different times, looked at by different case officers who are probably in different processing offices, be accompanied by different evidence, have different applicants and so on.

I saw in a Facebook group…

Let me try and stop you even quicker on this one – those Facebook groups can be wilder than the wild west (and not in a good ol’ Yellowstone way).

Trust me – we’ve seen them. Some of them we are members of. There is some helpful information, but there is a whole lot more misinformation swirling around and getting legs.

ENTER AT OWN RISK.

There is a question in the application asking for my travel history for the last 10 years. I can’t remember everywhere I have been in the last 10 years. Can I just leave it blank?

Every question in any visa application must be answered as fully and accurately as possible. The DHA can take someone not declaring something as ‘misleading’ them or providing ‘fraudulent’ information. This can have serious consequences, in some instances resulting in a ban from Australia for the visa applicant.

While it is a serious pain in the butt you must declare it as best you can, to the best of your knowledge. For travel history in particular you will find travel dates in a lot of your travel bookings online or in your emails. For older travel dates you may have to guess the specific dates, check your passport stamps or refer to social media posts and photos taken on your travels.

I travel for my job, so there will be hundreds of travel details. Do I have to include them all?

Yes, to the best of your knowledge.

If there are loads and loads and loads it is generally accepted to include travel in a separate attachment rather than manually entering each on into the online form. But all travel should be declared to the best of your knowledge.

As passport stamps become a thing of the past, email travel bookings have taken over. So, a search of your emails and possibly socials (to jog your memory on countries/approximate dates) should assist you.

Some of my documents are not in English. Do I still need to provide them?

Yes. Any document that will be provided with your application and is not in English should still be provided along with a NAATI translation of the document. You can organise most translations online. All providers charge different prices so it can pay to shop around and find the most cost-effective translation solution to suit your particular needs.

Do I need an English test for my visa?

Maybe – depends on the visa type and your country of passport. Generally, if you hold a UK, Irish, NZ, USA or Canadian passport you don’t need to do an English test for the visa criteria. However, you may still do one if want to claim extra points for a skills select visa. See more info on the English tests here.

Disclaimer: Information published on our website, social media, or in our factsheets and products is general information only and DOES NOT constitute legal advice or create a lawyer-client relationship between you and Visa Sidekick. It does not take into account individual circumstances and is intended to be informational only. If you need legal advice please contact an Australian Immigration Lawyer.

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