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Ssweetie_24

Submit new application on visa expiry date

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Hi,

Could anyone advise please if it is legally possible to lodge a new visa application on the day when the current visa expires? If so, could you support the statement with relevant links/additional info, please?

I understand it is obviously better to apply in advance, but this may not be an option for us. 

Any advice would be much appreciated.

thanks

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On 12/4/2018 at 4:21 PM, Ssweetie_24 said:

Hi,

Could anyone advise please if it is legally possible to lodge a new visa application on the day when the current visa expires? If so, could you support the statement with relevant links/additional info, please?

I understand it is obviously better to apply in advance, but this may not be an option for us. 

Any advice would be much appreciated.

thanks

It can vary, but GENERALLY the answer is NO, but I will explain;

  • I assume you mean lodging a new visa while you are ONSHORE?
  • Its never a good situation to be in, so avoid it at all costs.  The problem is when you are on the 'line' or last day, you legal status can be interpreted many ways.  Just avoid this.
  • I am assuming your current visa allows for a onshore renewal (ie has no condition 8503), if 8503 is applied, you can not extend onshore
  • All new visa's require some processing and approval times.  If you apply on the expiry day, then, without fail, you will be in country on an expired visa when the application is reviewed, even the next day. There is no Grace Period generally. The IMMI system will automatically mark your status as ILLEGAL the day after your visa expires, and this in turn will usually automatically result in a rejection of the renewal.  If this is the case and there is extenuating circumstances they **may** offer you an appeal path.
  • If this situation is likely to occur, and it is ALWAYS avoidable in IMMI eyes, either apply for a short extension for your current visa stating the special circumstances, or, try for a Bridging Visa A.

What is your circumstance that would create this difficult situation? I am struggling to understand why you would need this.  Let us know what type of visa you are currently on, if it has an 8503, and what visa you are applying for.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 12/7/2018 at 6:06 PM, AussieDude said:

It can vary, but GENERALLY the answer is NO, but I will explain;

  • I assume you mean lodging a new visa while you are ONSHORE?
  • Its never a good situation to be in, so avoid it at all costs.  The problem is when you are on the 'line' or last day, you legal status can be interpreted many ways.  Just avoid this.
  • I am assuming your current visa allows for a onshore renewal (ie has no condition 8503), if 8503 is applied, you can not extend onshore
  • All new visa's require some processing and approval times.  If you apply on the expiry day, then, without fail, you will be in country on an expired visa when the application is reviewed, even the next day. There is no Grace Period generally. The IMMI system will automatically mark your status as ILLEGAL the day after your visa expires, and this in turn will usually automatically result in a rejection of the renewal.  If this is the case and there is extenuating circumstances they **may** offer you an appeal path.
  • If this situation is likely to occur, and it is ALWAYS avoidable in IMMI eyes, either apply for a short extension for your current visa stating the special circumstances, or, try for a Bridging Visa A.

What is your circumstance that would create this difficult situation? I am struggling to understand why you would need this.  Let us know what type of visa you are currently on, if it has an 8503, and what visa you are applying for.

Thanks for the info.

My situation is that we are on a 457 visa though an employer. Technically we are able to apply for a new visa onshore, i.e. there are no restrictions there.

We want to apply for PR but to do so, the main visa applicant must have worked for the same employer for at least two years. Out two years mark will be on our expiry date. So we want to know what's possible here.

Other PR application options are not possible for us (we checked).

You mentioned extending visas? Would that even be an option for us?

Thanks

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