If you just realised that your student visa has expired and you have not finished your studies, you may still be able to apply for a new Student Visa Subclass 500 (click here to learn how to apply).
When do my student visa expire?
Generally, when the Department of Immigration grant you a Student Visa, your visa expiry date is aligned with your Overseas Student Health Cover (OSHC) expiry date (click here to learn more about OSHC). When you purchase your OSHC, your insurance provider will usually include 2 extra months covering your stay while attending your graduation ceremony.
Can I apply for a new student visa after my current Student Visa has expired?
Whether you can apply for a new student visa after your current visa has expired will depend on:
- how many more months before you complete your course; or
- how many days ago did your current student visa expired; or
- will your education provider issue you with a CoE (Confirmation of Enrolment).
What if I only have 2 more months left to complete my course?
As a rule of thumb, the Department of Immigration may not grant you a Student Visa if your course is less than 3 months duration. The Department of Immigration usually expect you to apply for a Tourist Visa (click here to learn more about Subclass 600 visa).
What if my student visa has expired 20 days ago?
If your current Student Visa has expired 20 days ago, you can still apply for a new Student Visa because item 1222(4) of Schedule 1 to the Migration Regulations 1994 states that if you do not hold a substantive visa (e.g., a Student Visa) but your last substantive visa was a Student Visa, and you lodged your Student Visa application within 28 days after the day when your last Student Visa has expired.
However, you can only apply if you have not previously been granted a visa based on an application made when you did not hold a substantive visa.
What is a substantive visa?
A substantive visa is a visa other than (as specified in s. 5(1)):
- bridging visa
- criminal justice visa
- enforcement visa
If you made a valid Student Visa application, you may be granted a Bridging Visa
After lodging a new Student Visa application, will I be granted a Bridging Visa?
If you have made a valid application for a Student Visa within 28 days when your last Student Visa has expired, the Department of Immigration will usually grant you a Bridging Visa C. The visa conditions usually include “No Work” and “No Travel”.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) if your visa has expired.
041 222 4020 or WeChat: AUDvisa
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
