Visitors in Australia may be considering how they are able to extend their stay in Australia. It is possible, in most circumstances, to extend a visitor visa in Australia.
In ascertaining whether a visitor visa can be extended, it is crucial to evaluate both the expiry date and the specific conditions associated with the visa.
Any individual holding a visitor visa (subclass 600 – Tourist Stream) shall leave Australia on or before the date their visa ceases, unless they have made a valid application to stay for a longer period to remain in Australia. They can apply to extend visitor visa.
However, if the visitor visa is in the Sponsored Family stream, a ‘No Further Stay’ 8503 condition is mandatorily imposed. The 8503 condition explicitly states that the visa holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa.
Thus, if the visa holder is not subject to a ‘No Further Stay’ condition, the visa holder may simply apply to extend visitor visa. However, the visa holder must genuinely intend to stay temporarily to travel in Australia and in accordance the purpose for which the visa is granted. The Minister will take into account whether the applicant has complied substantially with the conditions to which the last substantive visa, and whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject.
As a tourist visa permits an individual to enter a foreign country for the purpose of travelling and leisure activities, the Minister may question the legitimacy of an individual applying repeatedly for subsequent tourist visas. Therefore, unless the visa holder is subject to an 8503 condition, they are entitled to apply for other substantive visas, thereby exploring additional opportunities to secure their stay or pursue alternative visa options. In the event that applying for another visa is not feasible, the final course of action would be for the visa holder to depart the country and seek resolution or alternative pathways from offshore locations.
While it is not mandatory to hire migration lawyers or migration agents, they can assist you in navigating the process and avoiding errors. If you wish to obtain professional advice, you should book a consultation with a lawyer who specializes in immigration law to find out whether you are eligible to extend the visitor visa or extend your stay in Australia otherwise.
This article was prepared and written by our immigration lawyer team at Brightstone Migration and reviewed by one of our Partner Lawyers and the Head of Immigration. It aims to provide professional insights and commentary. The content is for reference only and does not constitute specific legal advice.
Last updated: 09/06/2023
