Options after your student visa expiry in Australia
Forced
You must apply for a new visa depending on your eligibility if you want to stay longer in Australia. You cannot apply for a new visa in Australia if your current visa has a condition that prevents further stay. For an instance, if your current student visa has the condition 8534, you will only be eligible to apply for Subclass 485 (Temporary graduate), Subclass 590 (Student guardian) or protection visas pursuant to visa expiry.
Are you planning to continue your studies in Australia?
If yes, you must apply for a new student visa. You need to ensure that the new course you apply for aligns with the same level as your initial course. For an instance, if you arrived in Australia to study a bachelor’s degree the next course you apply for should either be a bachelors or a master’s course, not a diploma or a certificate course. Downgrading your course level will lead to challenging genuine student test outcomes.
If you hold or held a student visa and completed specific qualifications in Australia in the last six months, the subclass 485 is a popular option. This visa allows you to live, study, and work in Australia temporarily after you have finished your studies. You may be able to get this visa for a duration of 2-4 years depending on the qualification you have acquired. There are two streams for this visa namely: Graduate work stream and the post-study work steam. The latter is mostly popular among students who have graduated with a higher education degree from an Australian institution.
Australia values skilled talent, and if your occupation is in demand, you might be eligible for a skilled migration visa. These include the skilled independent visa (Subclass 189), skilled nominated visa (Subclass 190), and the regional sponsored migration scheme (Subclass 187). These visas are points-tested and require you to have a certain level of work experience, English language proficiency and other criteria.
Do you need time to decide?
If you need time to consider your options or arrange for other visas, a visitor visa could offer a temporary solution. This visa lets you stay in Australia for leisure or travel but does not permit work. Further if you student visa is set to expire before your graduation, you might be eligible for a visitor visa given that you submit a letter from your education provider with the date of your graduation.
If you apply for a new visa before your current visa expires, you will usually be granted a Bridging visa A. (BVA) Your BVA will keep you lawful in Australia when your current visa expires. You should not leave Australia on your BVA, your BVA will end when you leave, and you will not be allowed to re-enter. If you want to leave and re-enter Australia, you must apply for a Bridging visa B (BVB) after you have been granted the BVA.
You should be mindful with your visa expiry dates and conditions well before you decide on a new visa. Your options for applying for a new visa will be limited if your last visa has already expired. Then you will be considered unlawful if you remain in Australia without a valid visa.
Keith James
Keith is a graduate of Monash Law School. He moved to Melbourne, Australia in 2014 and has a passion for working with migrants, who aspire to call Australia their dream home. Being a migrant himself, he has a tremendous capacity to empathise with the problems his clients face and focuses on providing them with outcomes that leads to Permanent Residency in the shortest possible time.
Keith practices in all aspects of Migration law, with a particular focus on Skilled Migration and Family visas. He stays abreast on the latest updates in state nomination criteria and has a wide range of options available to assist his clients navigate their migration aspirations.
- LLB (Monash University, Australia)
- Member (Law Institute of Victoria)
- Member (Migration Institute of Australia)
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