If someone has been granted a Border visa and they wish to remain in Australia it is imperative they seek professional advice and support urgently.
Border visas are granted within immigration clearance (customs) in very limited circumstances and exceptional circumstances. They are not a substitute for another visa.
A person whose visa was cancelled or refused whilst in immigration clearance may be eligible to apply for a Border visa.
This visa can only be applied for in immigration clearance and immigration officers are not obliged to inform you of this visa option.
Generally, when Border visas are granted to New Zealand citizens, it is usually because they have not met the ‘Behaviour Concern Non Citizen’ criteria.
Immigration officers will invite a person to apply after assessing their eligibility but remember, there is no obligation for the officer to inform you of this visa.
Border visas are usually issued for up to 30 days in which the holder must either apply for another visa or depart Australia.
It is important to know what visa options you may eligible for and ensure you are able to make a valid visa application before your Border visa expires.
Applicants are not eligible for this visa if they intend on making an on-arrival protection visa claim.
In some instances, there are also restrictions if a person has held a Border visa in the past 5 years.
This is a single entry visa and cannot be extended or applied for again whilst you are in Australia.
Some of the most common criteria to be eligible to apply for this visa are if:
- You are a permanent resident, but your visa has just expired
- You are a dependend child of an Australian citizen or permanent resident or eligible New Zealand citizen
- You have an Australian resident partner or spouse who can sponsor you for a Partner visa
This information is not intended to be or taken as migration advice as each case varies in complexities and circumstances. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.
