There are many people around the world right now facing experiencing conflict and uncertainty. We are experiencing an increasing number of calls from people both in Australia and overseas who are trying to navigate pathways to safety and family. Others are stuck in Australia, unable to depart prior to their visa expiry due to flight delays and cancellations.
Here are some common questions we are currently answering:
1. I have family located overseas, how can I help to bring them to Australia?
Depending on the circumstances of your family member, they may be eligible for a family stream visa, such as a child visa of parent visa. Other family members may be best suited to a Visitor visa, so that they can come to Australia temporarily.
The Department of Home Affairs has also created country-specific pages related to some people facing conflict:
In some instances, an Offshore Humanitarian visa may be a suitable. Unfortunately though, there are a limited number of these visas available each year and so many strong applications can be refused. The wait times can also be very long.
2. I am stuck in Australia. What are my visa options?
You will first need to consider if you have any conditions on your current visa preventing a further onshore visa application, such as a No Further Stay Condition 8503. Depending on your circumstances, it may be possible to waive the No Further Stay condition on your visa so that you can apply for a further visa to remain in Australia because of the disruption to your flights.
Requesting waiver of a No Further Stay condition is not an application for a visa. Waiving a No Further Stay condition can be complicated, and we recommend you get accurate legal advice before attempting to do so, as you may impact your future visa options in Australia without knowing it.
In some instances, you may be able to consider applying for a Visitor visa, or there may be able other temporary or permanent visas that are more suitable for you, such as family stream visas or humanitarian visas.
If you are interested in getting advice about what are the best visa options in your specific circumstances, we recommend using our Free 10 Minute Phone Consultation service. It is very important that you do not let your Australian visa expire before applying for a new visa.
3. I am the holder of a permanent or temporary Australian visa and I am planning a trip outside of Australia – what are the risks?
First, it is important you know the expiry date of your current visa and make plans to ensure you have re-entered prior to this expiry. If you travel to a country that is impacted by conflict and your flights are delayed, you may find you are unable to enter Australia if your visa expires. We recommend making plans well in advance of an expiry.
If your visa does expire while you are outside Australia, you will need legal advice on the next best options for you. In some instances, re-entering Australia after having a previous visa expire can be very difficult, and for this reason, you may choose to delay your travel.
We are happy to offer all new clients a Free 10 Minute Phone Consultation to discuss your specific circumstances.