Can I Stay in Australia After My Visa Expires? What Happens Next
Published 2026-02-14
What Happens When Your Visa Expires in Australia?
When your Australian visa expires and you have not lodged a new visa application or departed Australia, you become an unlawful non-citizen. This is a serious matter under the Migration Act 1958. The Department of Home Affairs can detain and remove unlawful non-citizens from Australia, and overstaying can result in a re-entry ban of up to 3 years (or longer in some cases). Even a single day of overstay is recorded and can affect future visa applications.
How Do Bridging Visas Work?
If you lodge a valid visa application while your current visa is still in effect, you are generally granted a Bridging Visa A (BVA) automatically. This bridging visa activates when your substantive visa expires, allowing you to remain lawfully in Australia while your new application is being processed. The BVA typically carries conditions similar to your previous visa, including work rights in many cases. You must lodge before your current visa expires to receive this bridging visa — lodging even one day late means you may not be eligible.
What If I Have Already Overstayed?
If you have already overstayed your visa, you have limited options. You may be eligible for a Bridging Visa E (BVE), which is a temporary visa that allows you to remain lawfully while making arrangements to depart or while a substantive visa application is being processed. In some circumstances, you can lodge certain visa applications from an unlawful status, but your options are significantly restricted compared to someone who is lawful. Contact a registered migration agent immediately if you find yourself in this situation — time is critical.
What Are the Consequences of Overstaying?
Overstaying your visa can result in: detention and removal from Australia at your own expense, a 3-year exclusion period (preventing you from being granted most visas), a notation on your immigration record visible to all future decision-makers, potential difficulty obtaining visas for other countries, and in some cases, a bar on lodging further applications onshore. If you overstay for more than 28 days, the exclusion period may be longer. Repeat overstayers face even more severe consequences.
Can I Apply for a New Visa After Overstaying?
It depends on your circumstances. Some visa subclasses have specific provisions that allow or prevent applications from people who are unlawful. Schedule 3 of the Migration Regulations sets out criteria that must be met if you are applying after your last substantive visa expired. Generally, you need to demonstrate compelling reasons for the delay in lodging. A migration agent can assess whether you have viable options and help you present the strongest possible case. Browse our directory to find an agent who handles overstay and compliance matters.
How to Avoid Visa Expiry Problems
The best approach is prevention. Set calendar reminders at least 3 months before your visa expires. Check your visa expiry date on your VEVO (Visa Entitlement Verification Online) account. If you plan to stay longer, begin preparing your next visa application well in advance. Consult a migration agent early to understand your pathway options. If your circumstances change unexpectedly, seek professional advice immediately rather than waiting until your visa is about to expire.
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