Living as a foreign national in Australia can be an exciting journey, but life is full of surprises and changes in employment, family circumstances, or health can affect your visa status. Here’s a look at some common situation changes and their potential effects on your visa.
Employment Changes
If you are in Australia on a sponsored work visa, losing or changing jobs imposes a deadline on your visa status.
From the date of your employment cessation, sponsored visa holders will have up to:
- 180 days at a time, or
- a maximum of 365 days in total across the entire visa grant period
to find a new sponsor to take over their visa, apply for a different visa or depart Australia.
During this time, visa holders can work for other employers without breaching their visa conditions.
Educational Changes
If you are in Australia on a student visa, switching courses or educational institutions can affect your visa status.
Generally, you must notify the Department of Home Affairs and possibly apply for a new student visa if your new course differs significantly from your original one. All applicants for a student visa must now satisfy the Genuine Student requirement.
If you are no longer studying or have completed your studies, you may need to apply for a different visa to remain in Australia.
Family Changes
Getting married, entering a de-facto relationship or a relationship breakdown can affect your visa status.
If you are married or in a de facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, you may become eligible to apply for a partner visa. On the other hand, if you are on a partner visa and the relationship ends, you may need to notify the Department of Home Affairs, which can affect your visa status.
If you are a dependent on your partner’s temporary visa and the relationship ends, you may need to apply for a new visa to remain in Australia.
Having a child in Australia can also impact your visa. If your child is born in Australia and one parent is an Australian citizen or permanent resident, the child is automatically an Australian citizen. However, if your child is born in Australia and one parent holds a temporary visa at the time of the child’s birth, you must notify the Department of Home Affairs to include your new family member.
Health Changes
If you experience a significant illness or injury, it may affect your ability to meet the health requirements of your visa. Depending on your situation, you may need to undergo additional health examinations or provide updated medical information to the Department of Home Affairs.
Pregnancy itself typically doesn’t affect your visa status, but if it impacts your ability to work or study, it could indirectly influence your visa conditions. Pregnancy could also delay the grant of your visa as generally visas cannot be issued until medicals are completed.
Conclusion
Every visa has specific conditions that must be met to maintain your legal status in Australia. While personal circumstances can occasionally be unforeseen, they may lead to non-compliance with your visa conditions. It’s important to understand your visa conditions and seek professional advice if your situation changes to ensure you maintain your visa status.
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