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I have a 801 visa and it's already expired is that meani can't stay in Australia I'm planing to get a citizen ?
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I have a 801 visa and it's already expired is that meani can't stay in Australia I'm planing to get a citizen ?

Can I still stay Australia even my visa expired







Bella Rose
No. If your visa has expired and you don't go to the Immigration Department and declare yourself or you don't organise to leave Australia you could find yourself in Detention. This would not be good if you have kids. I would get advice about renewing your visa if you want to stay but unless you have training in a trade or profession that is wanted or you can pay to study or you can get a sponsor - e.g. a relation who will pay all of your expenses for four years e.g. food, clothes, lodging and medical and you will still have to get a visa to stay on top of this. Then your only hope is refugee status. http://www.immi.gov.au/migrants/_pdf/820-801-checklist.pdf AS this is a permanent visa for a partner, you should look at being married if you are engaged. As another person said you are best to get the advice of a migration lawyer. You only need to go to the local court house and get the match registered. Make it legal and get a licence. You don't have to have a big expensive ceremony. It is the legal document that is vital in this case. http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrumentCompilation1.nsf/framelodgmentattachments/AB1A46C1CEF82DA5CA2576F70012C022 http://www.immi.gov.au/gateways/agents/pdf/self-reg-mig-advice-prof.pdf Try these results from a search that I did in the Visa Wizard making you an Australian Resident and Renew visa 801 in the top right hand corner in search. http://www.immi.gov.au/search/search.cgi?collection=living-australia&query=renew+visa+801&form=simple&num_ranks=10&Search=Go I believe that you have no other option but to apply to renew if you want to be naturalised and you have a partner here. Good Luck!!!


Ozmaniac
I know it's confusing, but even though an 801 visa has a validity of 5 years, it is still a permanent residence visa and never expires as long as you are in Australia when the 5 years comes around. All that actually expires is your permission to travel outside Australia on that visa. If you are going to stay in Australia until your citizenship is granted (or forever for that matter even if you don't become a citizen), you do not need to do anything - you are still legal and are still a PR and have nothing to worry about. If you want to leave Australia before you have citizenship but after the 5 year travel validity period has expired, you can apply for a 5 year Resident Return visa which effectively resets the PR clock for another 5 years - you don't need an RRV if you are not leaving the country. Providing everything is in order with the application and you meet the eligibility requirements, an RRV will be issued over the counter at any DIAC office or virtually immediately if you apply by post or online. The most common requirement is for you to have spent 2 of the preceding 5 years in Australia though there are other grounds if you can't meet that one. http://www.immi.gov.au/migrants/residents/155/ Returning Resident visa EDIT: Please ignore these other people - they have absolutely no idea of how 801s and other permanent visas work. I repeat - it is a permanent visa and DOES NOT expire while you are in Australia. The 5 year validity refers only to unrestricted overseas travel rights. If you are in Australia, your visa is STILL VALID and has not expired and nor will it ever expire if you stay in Australia. You only need an RRV if you wish to leave Australia after you have had your 801 for 5 years and do not yet have citizenship. If you have been in Australia for 2 out of the previous 5 years, you will get an RRV without the slightest problem and that then gives you another 5 years of unrestricted overseas travel rights.


thecharleslloyd
Rating
No you can not, you best call a lawyer and work out what is best to do now.







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