If you are unlawful in Australia (staying without a valid visa), your visa options are limited but not non-existent. It’s important to understand which visas you might be eligible for and the right pathway to regularise your status.

1. Bridging Visa E (BVE) – Status Resolution Support Services (SRSS)

If you are unlawful, you may be able to apply for a Bridging Visa E (BVE) through the Department of Home Affairs’ Status Resolution Support Services (SRSS) program. This visa is granted on the basis of the “departure from Australia” requirement, meaning it allows you temporary lawful status while making arrangements to leave Australia or resolve your immigration status.

Once you hold a BVE, you may be eligible to apply for one of the following visas if your circumstances meet the requirements.

2. Partner Visa (Subclass 820/801)

If you have an Australian partner, you may apply for a Partner visa even if you are unlawful. This visa lets you stay lawfully while your application is processed and may lead to permanent residency. Schedule 3 criteria apply to unlawful applicants, so your eligibility will be carefully assessed.

3. Protection Visa

If you have not previously applied for a Protection visa and believe you face risk of harm in your home country, you may be eligible to apply for this visa. Protection visas are for people seeking refugee or humanitarian protection in Australia. Each case is assessed individually.

4. Medical Treatment Visa (Subclass 602)

In some cases, if you require urgent or ongoing medical treatment unavailable in your home country, you may apply for this visa even if unlawful. It is usually temporary and granted for medical reasons.

Important Information for Applicants and Migration Agents

Each person’s situation is unique and visa eligibility depends on specific facts. Migration law is complex, and unlawful status adds further considerations such as Schedule 3 requirements. Making an application without professional advice can risk refusal or adverse outcomes.

Registered Migration Agents (RMAs) play a crucial role in assessing individual circumstances, advising on suitable visa options, and assisting with proper lodgement.

How Growmore Immigration Can Support You

Our experienced RMAs at Growmore Immigration can guide you through your visa options and assist in preparing your application. We encourage migrants and migration professionals to join the Growmore Community, a platform offering up-to-date immigration news, peer support, and RMA-moderated expert advice.

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