If I'm already in Australia, can I apply for another visa?

In Plain English

Yes, you can apply for another visa while you are in Australia, but there are some things to keep in mind.

  • Substantive Visas: If you hold a substantive visa (most common types of visas), it will cease to be in effect if another substantive visa (other than a special purpose visa) is granted to you. This means the new visa replaces the old one.
  • Bridging Visas: If you hold a bridging visa, it will cease to be in effect if another visa (other than a special purpose visa or a maritime crew visa) is granted to you.
  • Special Purpose Visas: Special purpose visas are generally not affected by other visas being granted.
  • Maritime Crew Visas: A maritime crew visa will not cease if a substantive visa of a class specified by the Minister comes into effect. Also, a substantive visa of a class specified by the Minister will not cease if a maritime crew visa comes into effect.

Detailed Explanation

The Migration Act 1958 and Migration Regulations 1994 outline the rules regarding visas and their cessation.

  • General Principle: According to subsection 82(2) of the Migration Act 1958, a substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose visa) for the non-citizen comes into effect.
  • Bridging Visa Exception: Subsection 82(3) of the Migration Act 1958 states that a bridging visa ceases to be in effect if another visa (other than a special purpose visa or a maritime crew visa) is granted.
  • Maritime Crew Visa Exception: Subsection 82(2AA) of the Migration Act 1958 provides an exception for maritime crew visas. A maritime crew visa does not cease to be in effect if a substantive visa of a class specified by the Minister comes into effect, and vice versa.
  • Special Purpose Visa Exception: Subsections 82(2) and 82(3) of the Migration Act 1958 specify that the granting of a special purpose visa does not cause a substantive visa or bridging visa to cease.
  • Visa Applications by SHEV holders: Regulation 2.06AAB of the Migration Regulations 1994 prescribes the visas that holders and certain former holders of safe haven enterprise visas can apply for.
  • Visa Cancellation: The Migration Amendment (Character and General Visa Cancellation) Act 2014 outlines circumstances in which a visa can be cancelled, such as if the decision to grant the visa was based on incorrect information (subsection 116(1AB)).
  • Visa Extension: The Migration (Extension of visa period for certain temporary safe haven visas) Instrument (LIN 21/078) 2021 provides for the extension of certain temporary safe haven visas.