My Passport Expired! What Happens to My Visa Application?
When applying for an Australian visa, a valid passport is a core requirement for all visas. But what happens if your passport expires after you have submitted your visa application but before a decision is made?
Understand the Importance of a Valid Passport - PIC4021
Under the Migration Regulations 1994, the Public Interest Criteria (PIC) 4021 specifies that a visa applicant must hold a valid passport unless it would be unreasonable to require them to do so.
Are There Any Exceptions for a Valid Passport?
Some circumstances when it is unreasonable to hold a passport, such as situations of natural disaster, like a war, and or similar catastrophic events occurring.
Are There Types of Visas That Are Excluded?
There are several visas, such as humanitarian visas, Protection (Subclass 866) visa, Temporary Safe Haven and Territorial Asylum visas, Border visas, Enforcement visas; Special purpose visas may be excluded to meet this criterion.
What if My Passport Expires During Visa Processing?
It is not sufficient to simply have a valid passport at the time of application; the validity must continue until the Department makes a decision on your visa application.
If your passport expires during the process, you are responsible for renewing it and providing a current one. If you are unable to provide a new, valid passport, we encourage you to consult with an Accredited Specialist in Immigration Law. They can advise and determine the best course of action for you to address this issue and explain it to the Department of Home Affairs (DoHA).
Failing to provide a valid passport upon request can result in visa refusal under PIC4021. In DoHA’s position, it is generally not unreasonable to expect an applicant to hold a passport, unless there are strong factors.
Case Study | Visa Refusal due to PIC4021
In Xu (Migration) [2017] AATA 2884, the Administrative Appeals Tribunal (AAT), also known as the Administrative Review Tribunal (ART), considered a case where an applicant’s passport expired during processing. Although the applicant’s mother stated that she could not obtain a passport without the father’s permission (the parents were divorced and had no contact), both the Department and the AAT affirmed that this did not exempt her from the passport requirement, which means her visa application was still refused.
What Can You Do to Avoid a Visa Refusal?
If you know your passport is expiring soon, prioritise renewal before lodging your visa application.
If your passport expires while your application is being processed, take immediate steps to renew it, then update the DoHA with a valid passport.
In circumstances where you cannot renew, seek assistance from an Accredited Specialist in Immigration Law to provide supporting evidence or a legal submission to address the issues.
Related:
How Can Agape Henry Crux Help
Make it a habit to check the expiration date before applying for a new visa, and if you are unable to do so, contact one of our Accredited Specialists in Immigration Law at Agape Henry Crux for professional guidance. Our team of immigration lawyers specialises in handling highly complex matters. You can schedule an appointment with us to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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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