Can I Extend My Stay on a Medical Treatment Visa (Subclass 602) in Australia?

What happens when your medical treatment in Australia is taking longer than expected? Are you at risk of overstaying your visa, or is there a way to legally extend your stay period? If you are in Australia on a Medical Treatment Visa (MTV) (Subclass 602) and your recovery journey isn’t over yet, don’t panic – you may be able to extend your stay. 

 

Can I Extend My Stay on a Medical Treatment Visa (MTV) (Subclass 602)? 

The MTV (Subclass 602) visa is typically granted to people who wish to come to Australia for medical purposes. However, if your circumstances have changed and you wish to extend your stay in Australia, you cannot extend the MTV (SC602) that you currently hold.  

Alternatively, you can extend your stay by applying for a new MTV (SC602) instead, as long as you meet the visa requirements. 

 

Will My MTV (SC602) Be Refused? 

All temporary visas are required to meet the Genuine Temporary Entrant (GTE) requirement. You must demonstrate that your intention to stay in Australia is genuinely temporary and solely for the purpose of medical treatment. The Department of Home Affairs (DoHA) will assess factors such as: 

  • Your ties to your home country, for example, are family, employment, and more. 

  • Your financial situation and ability to support yourself during your stay. 

  • Whether you have a clear plan to return home after your treatment is complete. 

If your second MTV application has been refused, you may have the right to appeal the decision to the Administrative Review Tribunal (ART) within a limited period of time. We encourage you to speak with an immigration lawyer before taking any action.

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How Can Agape Henry Crux Help  

If you want to waive the visa condition on your MTV (SC 602), you can contact one of our immigration lawyers at Agape Henry Crux. The team can provide professional advice and assistance for any visa issues, and they work with two of our Accredited Specialists in Immigration Law. They specialise in handling highly complex matters. You can book a consultation with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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