Publish Date: Aug 06, 2013
Just because you do not have a visa it does not mean that you cannot stay in Australia. Not holding a visa can make it very difficult for you to stay in Australia, but it may not be the end of the road.
Your visa options will depend on a number of things, including whether or not you have been refused a further visa since you last arrived in Australia and the amount of time that you have spent in Australia without a visa.
People who have been refused a visa since last entering Australia are in a particularly difficult position. The Migration Act says that these people are only able to apply for the following permanent residence visas: Protection visa; Spouse visa and Child visa.
More often than not an application for a spouse visa is the only option that is available to people that do not hold a visa anymore after having a further visa application refused in Australia.
Even if you are in a spousal relationship with an Austrian citizen or permanent resident you cannot qualify for this visa unless you can prove that there are compelling circumstances - over and above your relationship - that justifies the Department of Immigration granting you a visa.
The same rule applies to people who have had a visa cancelled other than on the basis that the person failed the character test.
For those who have not had a visa application refused or visa cancelled since they last entered Australia there may be scope to apply for a number of other visas. For example, you may still be able to apply for a subclass 457 visa; however, in order to be granted that visa you will need to prove satisfy a number of additional criteria, including that there are compelling reasons that justify granting you visa.
If your visa has expired or been cancelled you must get advice from a very experienced immigration lawyer who will be up to tell you what, if any, visas you can still qualify for.
We have assisted a large number of people to go from not having a visa to spouse visas, subclass 457 visas, permanent residence visas and protection visas. We understand what it takes to demonstrate that there are compelling circumstances that justify granting you one of these visas.
If you want advice from our Australian immigration lawyers, Craddock Murray Neumann Lawyers, please contact immediately on +61 2 8268 4000.