Understanding Visa Requirements After Leaving Australia Without a Valid Visa

Zhanna Heenan

Visa News 10 June, 2024

If you left Australia without a valid visa or with certain non-substantive visas, you might face extra conditions known as Public Interest Criteria when applying for a new Australian visa. Navigating the complexities of Australian immigration law can be challenging, especially if you’ve previously left the country under specific circumstances. In this post, we’ll break down the essential points to help you understand these conditions and what they mean for your visa application.

Risk Factor and Visa Application Timing

When reapplying for a visa after leaving Australia, there are particular requirements based on your previous visa status.

Here are the key scenarios:

Application Timing:

• More than 3 Years After Departure: If you apply for a new visa more than three years after leaving Australia, the process is generally straightforward.
• Within 3 Years After Departure: If you apply within three years, you need to demonstrate:
• Compelling circumstances affecting Australia’s interests, or
• Compassionate or compelling circumstances impacting an Australian citizen, permanent resident, or eligible New Zealand citizen.

What Are the Risk Factors of applying for a new Australian visa after you left Australia unlawfully?

A risk factor applies to you if you left Australia in one of the following situations:

• You were in Australia unlawfully (without a valid visa), or
• You held a Bridging C, D, or E visa when you left.

 Exceptions to the Risk Factors

These risk factors don’t apply if:

• You left Australia within 28 days after your substantive visa (main visa) expired, or
• You held a bridging visa granted within 28 days after your main visa expired, or
• You held a bridging visa granted while you had another bridging visa, which was itself granted either while you held a substantive visa or within 28 days after your substantive visa expired.

Bridging and Substantive Visas Definitions

Bridging Visas: Temporary visas that allow you to stay in Australia while your main visa application is being processed or after your main visa has expired.

Substantive Visa: A primary visa, not including bridging visas or other temporary visas.

Compelling and Compassionate Circumstances

• Compelling Circumstances: Urgent or important situations that justify granting a visa despite the usual rules.
• Compassionate Circumstances: Situations involving emotional or humanitarian reasons, often related to family or significant hardship.

Practical Examples

• Risk Factor Example: If John left Australia while holding a Bridging E visa and applies for a new visa 2 years later, he is affected by the risk factor.
• Exception Example: If Jane left Australia within 28 days after her student visa expired and held a bridging visa at that time, she is not affected by the risk factor.

If you leave Australia without a valid visa or with certain temporary visas, understanding these conditions is crucial for your future visa applications. By knowing whether risk factors apply to you and whether you qualify for exceptions, you can better navigate the visa process and increase your chances of a successful application. If you’re in a situation involving these complexities, book an appointment with Heenan & Browne Visa migration services to receive expert advice from one of our migration agents and ensure you meet all necessary requirements to present the strongest case possible when applying for an Australian visa.