My visa is about to expire, but I need to stay longer. What should I do?

In Plain English:

It depends on the type of visa you have.

If you have a Subclass 449 Humanitarian Stay (Temporary) visa granted on or after August 19, 2021, and before November 12, 2021, and you were granted the visa due to the deteriorating security situation in Afghanistan (or are a family member of someone who was), and you entered Australia on or before the date specified by the Minister, your visa period is automatically extended to November 30, 2022. This also applies if you are a child born in Australia to a parent who holds such a visa.

If you have a Subclass 600 (Visitor) visa, your visa might be extended depending on specific dates. If your visa was in effect on February 23, 2022, and was granted between those dates, it may be extended.

For other visas, you may need to apply for another visa.

Detailed Explanation:

The options available to you depend on the class of visa you currently hold and your specific circumstances.

  1. Subclass 449 Visa Extension:

    • If you hold a Subclass 449 Humanitarian Stay (Temporary) visa, the Migration (Extension of visa period for certain temporary safe haven visas) Instrument (LIN 21/078) 2021 provides for an extension of the visa period under certain conditions.
    • Specifically, if the visa was granted on or after 19 August 2021 and before 12 November 2021, the visa period is extended to 30 November 2022, provided you meet the criteria outlined in subsection 4(2) or (3) of the Instrument. These criteria include being granted the visa due to the deteriorating security situation in Afghanistan, being a family member of such a visa holder, and entering Australia on or before the date specified by the Minister. This also applies to children born in Australia to such visa holders.

  2. Subclass 600 Visa Extension:

    • Regulation 2.05A of the Migration Regulations 1994 outlines specific conditions for extending Subclass 600 (Visitor) visas. If your visa was in effect on 23 February 2022, and granted between 23 February 2022 and 1 July 2022, it may be extended.

  3. General Visa Expiry and Further Options:

    • Generally, a visa to remain in Australia during a particular period ceases to be in force at the end of that period, as per the Migration Reform Act 1992.
    • If your visa is expiring and you do not qualify for an extension under the specific instruments mentioned above, you may need to apply for a different visa to remain in Australia. The Migration Act 1958 and the Migration Regulations 1994 prescribe various classes of visas with different criteria.
    • You can find information about different visa subclasses and their requirements on the Department of Home Affairs website.