Section 13 and 14 of the Migration Act 1958 (Cth) defines Lawful Non-Citizens as a non-citizen in the migration zone who holds a visa that is in effect and Unlawful Non-Citizens as a non-citizen in the migration zone who is not a lawful non-citizen.
You may wonder what is considered to be visa is in effect since that determines your status as a lawful resident in Australia. Your visa has effect as soon as it is granted and remains in effect during the visa period, usually mentioned in the visa grant.
In order to stay in Australia, you must have a valid visa otherwise it becomes unlawful to stay. You must be proactive and vigilant about when your visa is going to get expired so you can take timely action to remain lawful. You can check your visa expiry date and other visa conditions on the Department’s website or your visa grant letter.
Before your visa expires, you may leave Australia any time. However, if your visa has expired and you have not applied for any other substantial visa or a Bridging visa, you may be considered unlawful for the time being which may affect your ability to be granted a visa in future. Thus, it is important to take professional advice and consider making right arrangements before you leave.
Further, on the other hand, if you continue staying in Australia without a valid visa, you may face some serious consequences including detention and removal from Australia. At best, it is advisable to apply for a Bridging Visa E (BVE) which lets you remain in Australia lawfully for a short period while you make arrangements to leave.
If you do not intent to leave Australia, you may consider applying for a new substantial visa. The type of visa you may be eligible to apply for may depend on your unique circumstances. Fill our free online assessment form today to check your eligibility for various types of visa and one of our registered migration agents will get back to you shortly.