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You know what we at Down Under Visa like most of all about offshore visa applications, ie. Australian visa applications lodged here in Manila?

No deadlines! No expiry dates. Yes, everyone wants their visa application lodged as quickly as possible, however it’s not the end of the world if it doesn’t go in exactly when you want it to. We always put quality ahead of speed, because it’s quality that sees visa applications turn to visa grants.

However, visa applications made inside Australia are normally subject to expiry dates at the end of a visa period where the applicant risks becoming an “unlawful non-citizen”, which is the modern term for “illegal alien”. It still means the same thing, though. Because everyone inside Australia needs to be either an Australian Citizen or they must hold a valid visa to be inside Australia. If not, you are unlawful and they may detain you and they may remove you from the country, ie you may be deported.

tony-abbott-aboriginal

Will Down Under Visa monitor these dates for us?

No, sorry. We don’t and we can’t. People ask us sometimes, but no. Not possible. We have too many applications on-hand. You only have one, ie. your own. You need to mark the essential dates on your calendar and make sure they don’t go past.

Tourist visas

Tourist visas have expiry dates which are often not so obvious when you look at the letter. They will normally expire 6 months from the date of issue, but all that means is that you must USE the visa within that 6 months (or sometimes 12 months). If the applicant enters Australia before the “Last date to arrive”, they may stay for the allowed stay. This will be on the “Stay For/Until” period.

What does “3 months” or “6 months” mean in visa-language? It means just that. 3 or 6 months. 3 months is 3 months. It is not 90 days. So if you arrive on 23 February, you need to leave by 23 May.

And if you don’t leave, or if you don’t apply for another visa before 23 May, then you will be unlawful in Australia.

Subclass 300 Prospective Marriage Visas

These also have expiry dates. And they have “Must make first entry to Australia before” dates!

Breach these, and you risk your visa being cancelled. They are on your grant letter, so you need to read them.

Firstly, the first-entry date varies. It’s normally around 3 months from the visa grant, but may be earlier. The applicant must enter Australia before that date, even if they then return again afterwards.

The “Must not arrive after” date is in fact the date where you need to have lodged the next visa, which is the 820 temporary partner visa. It’s 9 months from date that the visa is granted. You need to be very very aware of this date, because you need to get plenty done before that date or the visa will cease and the applicant will be unlawful in Australia. Must be MARRIED and must have lodged the partner visa application.

What happens if you’ve lodged the next visa and the current visa runs out before the next one is granted?

Once you’ve lodged a valid visa application inside Australia and the current visa expires before the next grant, the applicant will go onto a Bridging Visa A (BVA). This allows the applicant to remain in Australia lawfully until the visa is decided. If the new visa is granted, the BVA will cease. If it’s refused? The BVA will remain in effect for 28 days, allowing time to leave the country.

So please watch those dates! Letting visas run out can lead to serious repercussions which can make further applications very difficult or even impossible for many years.

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2 Comments

  1. Wayne

    Jeff we have been granted the prospective marriage visa and my partner to be is now in the country. Once we are married how long do we have to lodge the next one (partner visa)?

    Reply
    • Jeff Harvie

      Hello Wayne

      Just look at the date on grant letter. It will be 9 months after the date of the visa grant.

      Reply

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