Long answer
Many clients ask whether they can remain in Australia with their family whilst their visa application is being assessed. The answer depends on several factors specific to your circumstances, including your current visa status, the type of visa you have applied for, and your personal situation.
Temporary Visa Options
If you hold a valid temporary visa, you may be able to remain in Australia whilst your application for permanent residency or another visa is being processed. Some temporary visas permit extended stays and allow family members to join you in Australia. The conditions attached to your current visa will determine what activities you can undertake and whether dependants can be included.
Bridging Visas
In certain circumstances, a bridging visa may be available. A bridging visa can allow you to remain in Australia lawfully whilst waiting for a decision on your substantive visa application. Bridging visas are not automatically granted and eligibility depends on your specific situation. If your current visa is due to expire before a decision is made on your new application, a bridging visa may provide continuity of lawful status.
Family Considerations
If you wish your family members to join you in Australia whilst your visa is being processed, this must be addressed within your visa application or through a separate application. Family reunification visas and dependent visas have specific requirements and processing timeframes. The ability for your family to remain with you will depend on whether they are included as dependants in your application and whether they hold appropriate visa status.
Processing Delays and Extensions
Migration visa processing timelines can extend beyond initial estimates. If your current visa will expire before a decision is made, it is important to understand your options for maintaining lawful status. Application delays and processing variations are common, and planning for extended timeframes is prudent.
Getting Professional Advice
The appropriate course of action will depend entirely on your visa type, application circumstances, family composition and personal situation. Each migration matter is unique and requires assessment of individual facts. Le Kal Lawyers can provide professional legal advice tailored to your circumstances, discuss your options for remaining in Australia with your family, and explain the visa arrangements available to you. Contact our team to discuss your migration requirements and explore the solutions best suited to your situation.