Student Visa holders beware of the “28 days Grace Myth”

Your may have heard that a student whose student visa has expired and who remains in Australia after their student visa expires has a 28-day “grace period” during which they remain lawful non-citizens. Be advised that is not the case.

Although it is true that the relevant legislative provisions contain a 28-day rule for individuals who apply for a subsequent student visa while in Australia without a visa, that does NOT mean that those applicants remain lawful non-citizens during that period.

On the contrary, once a visa expires, if the former visa holder remains in Australia without having been granted another visa, they simply become “unlawful non-citizens” and liable for detention and removal.

The confusion – made often by dodgy migration agents is the confusion regarding the 28 days referred to in item 1222(4)(c) is taken by some people to mean that, despite s 14 of the Act, the person whose student visa expired and continues in Australia is not an “unlawful non-citizen”.

All that item 1222(4)(c) does is to allow the person whose student visa has expired to make a valid new student application within 28 days of the expiry, so long as the other criteria in item 1222(4) are also satisfied.

So if you or anyone you know has had a visa refused on these grounds,
make an appointment with a Master Migration Lawyer.

Email to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page

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