Can you stay in Australia after a visa refusal?

Is this your situation?

Your visa was refused and you want to know whether you can remain in Australia or whether you must leave.

The answer depends on what you do next

If you were onshore when the visa was refused, you are probably on a Bridging Visa A that continues for 35 days after the refusal. During that 35-day window, you have two choices: lodge an ART review (which triggers a new bridging visa) or prepare to depart.

If you lodge a valid ART review within the deadline (usually 21 days), a new BVA is granted and you can stay while the review is pending. This can take months or years depending on the case type.

If you do not lodge a review, the bridging visa expires at the end of the 35 days and you become unlawful. At that point, you must depart or face the consequences of being unlawful.

If section 48 applies, your options for further onshore applications are restricted to exempt visa categories (protection visas, limited partner visa circumstances).

How Bullseye Consultant can help

Amanpreet Bhangoo (MARN 1573884) can check your bridging visa status and advise on whether staying is possible and how. Call (07) 3519 7009.

FAQ

Q: How long can I stay on a bridging visa while my review is pending?

A BVA lasts until the ART review is finally decided. There is no maximum duration. Some reviews take over a year.

Book a Consultation

Skilled Migration Visa is an excellent opportunity for professionals seeking to work or live in Australia.