Travel Outside Australia: How It Affects Your Pending Visa Decision
You currently have a visa application pending with the Department of Home Affairs (DoHA), and the processing time may be longer than expected. While waiting for a visa decision, a common question we receive is “Can I travel outside Australia, and how might this affect my pending visa decision?” The answer is not straightforward and simple, and the travel period can have significant consequences.
What are the Risks of Travelling Overseas While Your Visa Decision is Pending?
Bridging Visa Ceases Upon Departure
If you leave Australia while holding one of these bridging visas listed below, it will automatically cease upon departure. This means you will not be able to return to Australia on that bridging visa.
Bridging Visa B (BVB) (Subclass 020) is the only bridging visa that allows you to travel and return, provided it is valid for the duration of your trip and your return before its expiry. However, even with a BVB, be aware that issues may arise.
Inability to Respond to DoHA Requests
The Request for More Information Letter (S56) and the Natural Justice Letter (S57) come with strict deadlines (often 7, 21 or 28 days). If you are overseas, responding within this timeframe can become difficult due to time differences, access to documents or further challenges.
Complications for Visa Applications
Suppose you leave Australia on a Bridging Visa C, D or E or as an unlawful non-citizen. In that case, you might be subjected to Public Interest Criterion (PIC) 4014, which bans you from a visa grant to re-enter Australia for 3 years.
Impact on Natural Justice Letter (S57)
For an S57 Natural Justice Letter, DoHA is allowing you to address and explain before making a visa decision. If you are outside Australia and cannot effectively respond, you might inadvertently compromise your right to natural justice, and your visa decision may result in a visa refusal.
What Do I Do If I Receive a S56/S57 Letter While I’m Offshore?
Before booking any tickets, consider consulting with an immigration lawyer first for professional advice. They can assess your specific situation, your bridging visa conditions and the nature of your case. Communicate with your representative if you plan to travel offshore.
Your priority as a visa applicant is to respond to any S56/57 letters that you receive within the timeframe. This may mean postponing travel plans.
If travelling is essential, and you hold a BVA, apply for a BVB well in advance. However, even with a BVB, ensure you have fully addressed the s56/s57 letters before your departure.
Seek professional representation if you need assistance to respond to your S56/S57 letter.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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How Can Agape Henry Crux Help You?
Travelling outside Australia while your visa decision is pending, and you may possibly receive a s56 or s57 letter and not respond in time, is highly risky. Speak with an immigration lawyer at Agape Henry Crux for tailored advice for your next steps. The team works closely with two of our Accredited Specialists in Immigration Law, as they specialise in handling highly complex matters. You can book a Migration Planning Session by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’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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