Options Available to Applicants Stuck Onshore in Queensland

Brisbane education agent specialists regularly help temporary visa holders who are in Queensland and unable to move back overseas, to clarify legal options and consider alternative options, until they have a decision, or are thinking of using alternate migration routes.

Many people in this situation are on a Bridging Visa A (BVA) having made another application on a substantive visa. The BVA tends to be granted when the initial visa has expired and will typically include the same work permit. If you need to travel a Bridging Visa B (BVB) can be requested. If someone has become 'unlawful', they may be granted a Bridging Visa C (BVC) which does not usually confer any work rights or travel permissions. Bridging visas are not permanent but rather are made for the time being until a substantive visa is granted.

Recent changes have been introduced on the onshore switching. All visitors visa holders are no longer able to apply for a student visa from within Australia; most will be required to leave Australia and apply from overseas. The concept of “visa hopping” between short-term temporary visas has also been curtailed to deter indefinite visa chains without a real pathway.

When a visa is refused or cancelled while you are in Australia and you no longer have a substantive visa you are subject to the section 48 bar. This will eliminate most other onshore applications. There are some exceptions that still offer opportunity for limited visas to be granted, including partner visas (subclass 820/801) visas of protection, Medical Treatment visas, certain skilled visas (190, 491 and 494) visas for children in certain circumstances, and bridging visas. One of the more typical exceptions is for people in genuine relationships with Australian citizens or permanent residents, who can apply as partners.

Students with visas who are already in the country have more options. In general, switching providers is allowed after six months of the main course, if it is necessary earlier, with a release letter. It is likely that it is easier to transition from a lower course to the same or a higher AQF level, but more difficult to transition from a higher course to a lower AQF level. Satisfying the conditions of the course progress is necessary to ensure course retention from cancellation.

Other realistic options are employer sponsored visas (e.g. Skills in Demand subclass 482) provided there is a genuine job offer, or skilled visas (subclass 190 visa) or state nominated visas for candidates who satisfy points and occupations criteria. There are times when onshore applicants for some priority occupations may be able to process more quickly under current ministerial directions.

In refusal cases, appeals may be available to the Minister and/or the Administrative Review Tribunal, with strict time limits. When there is no onshore pathway, leaving Australia and re-entering the country offshore may be an alternative.

Each situation is different. Advice is best when given in an individual context and is recommended by a registered education agent Brisbane or MARA-registered migration agent before making any decision since rules, lists and processing priorities are subject to change. Help from early professionals can simplify the process of determining eligibility, maintaining legal status, and help identify the best possible pathway.