5 Simple Things Temporary Visa Holders Should Consider During The COVID-19 Crisis

Koonya Beach, Blairgowrie, Australia by @brittanyg (via Unsplash)

What happens during coronavirus, stays with the coronavirus. Except for your immigration history records. That shit'll come back with you. 

Australian immigration is pretty ruthless at the best of times. The travel restrictions caused by the coronavirus are making the stakes higher with less room for error. Now, more than ever, it is so important to be on top of your immigration status. Previously, if you missed out on a visa option, you could go offshore and apply from there or return shortly after, but the freedom of travel we have had for so long is off the cards for the foreseeable future.

Eventually this situation will be a distant memory, but your immigration history will be recorded for life. It is so important to consider your future and keep your immigration status in tact so that you can easily return to Australia in future or apply for permanent visas when this all subsides. 

If you’re thinking it doesn’t matter as you don’t plan on ever coming back anyway, think again, because everyone always comes back. Not always to live, but there is always a wedding or a funeral or the like. You don’t want to be that person who misses their mate’s big day because they couldn’t get a visa.

Now consider this. A lot of people are using the word ‘stranded’ to describe their being in Australia as their booked flights were cancelled. However, the reality is there are still flights departing Australia (albeit more expensive and subject to travel restrictions around the globe) meaning there is technically an option to depart, even though it may not be a convenient or viable option for you. Now imagine your original flight was cancelled and you thought “the government have to do something to help me” so you let your visa expire and got the next cheapest flight whenever it became available.

In a perfect world the Department might have records this like:

Karen Smith’s visitor visa expired 17 March 2020. Departed 23 April 2020. This was the time of the coronavirus. It was a very stressful time for everyone. The govt should have done more to assist. She did have a flight booked for 10 March but that was cancelled. She had to spend a lot on UberEats after her flight was cancelled so she didn’t have much to spend on a new flight home. 

In reality, however, it probably looks a little something like this: 

Karen Smith. 2020 - Overstayed visitor visa by 37 days. Barred from temp visas to 23 April 2023. Grant future temp visas with caution.

Brutal but reality.

Even in such uncertain times as this, there are some relatively easy things to do to ensure you keep your immigration status in check and avoid the above. 

1.     Know your expiry date

This probably sounds so simple and silly to even say but you would be shocked at the number of people who don’t actually know the expiry date of their visa. Even if you think you know it, or you know a rough date, double check and check again because even if you are a day off it can mean the difference between having a visa being unlawful.

You can confirm the date by doing a VEVO check online using your passport and visa details.

2.     Know your visa conditions

Knowing your visa conditions is not only important for knowing what you can do while on a visa, but also to decipher what your options are for future visas. Among other things, visa conditions can impose restrictions on your ability to work, travel or study while on a visa. 

Another condition to look out for is the condition 8503 – no further stay condition. This condition prevents the visa holder from applying from any further visas while in Australia. You can apply to have the condition 8503 waived in extenuating circumstances, however the waiver request needs to be done ahead of time. Depending on your situation, the effects of the coronavirus, could be enough to get a waiver.  

If you break your visa conditions, your visa could be cancelled. If you have concerns about your visa conditions or are currently subject to a condition 8503 you should seek more specific advice from a migration agent.

You can check the conditions on your visa grant or by doing an online VEVO check using your passport and visa details.

3.     Plan ahead

I cannot stress this enough. Planning is so important and goes hand in hand with knowing your visa expiry and visa conditions. 

There are requirements for certain visa applications that can take time, and if you leave it to the last minute you might miss out on a really good visa option. If you missed out on a visa option BC (before coronavirus), it was easy enough to go offshore and apply from there or return shortly after, but easy travel is off the cards for the foreseeable future.

Another reason to plan ahead is for the cost. Even without professional assistance, visa fees can be quite pricey. Make sure to plan ahead, find out the cost of the visa you will be applying for and budget to ensure you will have the funds sorted in time for you to lodge the visa.

Be aware that, while most applications can be lodged online, there are still a few visa types that require a paper application. Not only do these take more time to prepare, but they also require you to allow enough time for them to be posted or couriered to the DHA prior to your visa expiry. Given the state of emergency we are experiencing, I would not be relying on Australia Post’s next day express postage. 

When planning ahead, be sensible. I would suggest properly looking into your options 2-4 months ahead of your expiry. This situation is constantly changing, so if you were thinking of applying for a student visa next year and you’re not sure, there is no point in asking anyone at this stage. Even if you got an answer, that could change by the weekend. Just keep up to date with the latest changes and reassess closer to the date.

4.     Don’t rely on advice from friends. Get professional advice specific to you

While it can be pricey or scary to get advice from a migration agent, it will probably be so worth it. It can be hard if you are told you don’t have any desirable visa options, but at least you will be confident in what your options are and can plan accordingly. 

Be very wary of free advice or consultations. Sometimes free consultations can be great. They can be thorough and, best of all, they are light on your pocket. However, if money doesn’t change hands, that can affect the liability the firm might have on the advice they give you. 

Don’t rely on advice from the Department of Home Affairs. Not only will you waste hours of your life on hold to them, but the advice you get from them cannot always be relied upon. The people working on the phones in the Department probably know less than you about Australian migration. They have no obligation to provide correct or detailed advice and nothing is ever put in writing so you can’t prove what they said to you later on. Even if they do give you correct advice, it is unlikely they would undertake a comprehensive assessment to ensure the advice they are giving you is correct and is what you need to know. 

Another big no no is relying on advice from your friends. 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 just like with today’s Instagram influencers, when someone tells you a story about their visa application you will almost never get the full story. Let’s be honest, your best friend isn’t going to be forthcoming about the fact that her boyfriend’s visa almost got refused because he had a criminal record the length of a phone book. 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. 

That being said, friends can be helpful in finding a migration agent you can trust.

If you do take on advice from friends, the Department or even a migration agent, and something doesn’t feel right, then go and get a second opinion. 

5.     Don’t be fooled by the migration myths

There are a few myths regarding Australian immigration that never seem to stop circulating. Be aware that you cannot get an extension on a visa, you can’t apply for a bridging visa on its own (except for a bridging visa E but you don’t want to do that) and, if you haven’t applied for another visa, as soon as your visa expires you will become unlawful no matter what you might have heard about any ‘grace period’.

One of the newer myths on the block is that the government should or will provide welfare assistance to temporary residents and it is ok to overstay your visa due to COVID-19. Neither of these have been suggested nor confirmed by the government. You should not rely on this. You should proceed as if you will not have welfare access or visa extensions/concessions, and if they do end up allowing either then that will be bonus.

Additional information: 

If you do become unlawful, you should seek professional specified advice as soon as possible. There may still be options, but the longer you leave it the more difficult it will become.

Please remember the above is all generalised information and may not apply to your specific circumstances. If you want to know more or have an unusual set of circumstances, be sure to seek advice from a Migration Agent or Lawyer. We have endeavoured to ensure accuracy of the above information at the time of posting. 

Disclaimer: The above information does NOT constitute legal advice and DOES NOT 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.