Correct as at 25 March 2020
Flights cancelled? Unable to return home? What the travel ban mean for temporary visa holders in Australia
The Australian government, along with a number of other countries, have placed strict travel restrictions in response to the COVID-19 outbreak.
While these travel restrictions primarily affect those seeking to enter Australia, it also has implications for a number of temporary visa holders who are currently in Australia. Temporary visa holders who are facing difficulties securing a flight home or are otherwise unable to leave Australia should continue to have regard to their current visa expiry date.
Under law, a visa expiry date cannot be ‘extended’. If your temporary visa is due to expire and you wish to or need to remain in Australia after your visa expiry, you will need to consider the options available to you to apply for a further visa.
Despite these extenuating circumstances, it is critical that you take action prior to your current visa expiry or you risk becoming unlawful. Becoming unlawful could adversely affect your ability to secure a further visa to Australia (or another country) in the future.
If your visa is subject to a “no further stay condition” (such as conditions 8503, 8534 and 8535), you will need to apply to the Department for a waiver of that condition and then submit your next visa application.
We are able to assist with assessing your current visa options to remain in Australia as well as no further stay condition waiver requests.
Please contact our us at visas@visalawyers.com.au or via our web contact form for further assistance or by phone on +61 (0)2 9280 2591.