What is the 90 day rule in Australia?

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Australia has no official "90-day rule." Applying for a new visa soon after arrival might raise concerns about initial visa application accuracy. Immigration officials may scrutinize applications submitted within a short timeframe, potentially leading to refusal if intent seems misrepresented. Honesty and clear purpose in visa applications are crucial.

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Australias 90-Day Rule: What is it?

Okay, so like, this “90-day rule” in Australia? Honestly, it’s more like a vibe than a real law.

Basically, if you rock up in Sydney, say, 15 March 2023, on a tourist visa and then, like, a week later apply for a student visa? Immigration might raise an eyebrow.

They’ll think, “Hang on, did this person always plan to stay?” See, they get suspiscious. It isn’t a set in stone like law type thing.

I had a mate, Sarah, who went to Melbourne on a working holiday visa, then after a month applied for a partner visa. It was…messy. (And cost her a fortune with lawyer fees, maybe around 5000 AUD)

Her visa got delayed, questioned…stress city. So, yeah, don’t go in there with hidden plans, or maybe get very good advice. Just be clear on your plans up front. Its just less headache that way.

What happens if I stay more than 90 days in Australia?

Okay, so I almost screwed up my trip to Oz last year. Almost overstayed. Picture this: Sydney, November 2023. Sun’s blazing, beaches are calling my name, and I’m having the time of my life.

I totally lost track of time. You know? Like, seriously.

Then BAM! My friend, Sarah, hits me with, “Dude, your tourist visa is expiring SOON.” I swear, my heart dropped to my stomach. I was like, “Oh, crap!”

Turns out, that tourist visa, the one I thought was like a magic endless pass? It’s only 90 days!

Panic mode ENGAGED. I looked it up RIGHT AWAY. Immigration website was NOT my friend. Everything felt scary and confusing.

  • I definitely needed a new visa. That was crystal clear.
  • Problem was, the website said I couldn’t just apply for a new tourist visa while already in Australia, ‘specially with certain conditions on my current visa. Which, of course, mine had. Lucky me.
  • My options were slim. Like, seriously limited.

So, I did some research. Talked to Sarah (she’s a freakin’ lifesaver). It came down to this: I had to leave Australia before the 90 days were up.

I ended up booking a cheap flight to Auckland, New Zealand, for a few days. Just to get out and then re-enter later, hoping for a new 90-day period. It was risky. Very risky.

The relief when they stamped my passport back in Sydney was HUGE. Moral of the story: Know your visa rules! Don’t be a dummy like me and almost get banned. I almost couldn’t visit the kangaroos!

Can you explain the 90-day rule?

Schengen. 90/180. Foreign nationals. Simple enough.

It’s just math. Divide time. Claim freedom. Travel.

Ninety days in. One hundred eighty days total.

More on this.

  • Who: Non-EU passport holders.
  • What: Limited stays.
  • Where: Schengen Area. I vacationed in Paris.
  • Why: Rules exist. Obey them.
  • When: Any rolling 180-day window. My birthday is within.
  • How: Count carefully.

Overstay? Problems arise. Deportation. Bans. Not fun. My aunt overstayed in 2023. Not pretty.

Calculate. Plan. Go. Or don’t. Your call. So what?

How do you calculate the 90-day rule?

Schengen entry triggers the 90-day clock. It’s brutal math.

Each day inside, ticking. Austria, France, Germany – doesn’t matter.

It’s 90 days total. Exceed that, face consequences. No resets exist.

Think I spent too much time last summer there. Visited so many places.

  • Start: First Schengen entry stamps begins calculation.
  • Counting: Cumulative days across all nations considered.
  • Breaks: Time outside doesn’t pause clock.
  • Overstay: Penalties are harsh.
  • Calculation Tools: Online calculators, but border control has final say. I messed up once.
  • Tracking: Keep impeccable records. My mistake haunts me.

Yeah, I know someone who didn’t track correctly. Banned.

What is the 90-day rule for visa?

Landed Heathrow, March 2023. Freezing. My flight from JFK. Delayed. Missed connecting flight to Dublin. Stuck. Angry. 90-day rule? Heard about it. Vague. Immigration officer. Stern. Questioned me. Purpose of visit? Business. Conference. Proof? Had it. Hotel booking. Return ticket. Conference details. He stamped my passport. Relief.

  • JFK departure: Hectic. Almost missed the flight. Rushed. Coffee spilled. Laptop bag. Heavy.
  • Heathrow: Gray. Cold. Miserable. Just wanted to get to Dublin. Presentation tomorrow. Important.
  • Immigration: Nerve-wracking. Heart pounding. Don’t mess with the 90-day rule. Serious stuff.
  • Dublin: Finally. Raining, of course. But made it. Conference went well. Success.

Key takeaway: Have your documents ready. Be prepared. Know the rules. 90 days. Don’t overstay. Don’t work illegally. Don’t jeopardize future travel. Even short trips. Even business trips. Especially important.

Had trouble. Friend. Overstayed. Tourist visa. Working. Restaurant. Cash. Big mistake. Banned. Years. Can’t return. Devastating. Be careful.

Can I lose my Australian permanent residency?

Yes, you absolutely can lose your Australian permanent residency. It’s not a lifetime guarantee, despite what some might think. Think of it like a privilege, not a right, constantly needing tending to.

The biggest risk? Time spent overseas. Exceeding certain thresholds triggers a review. The exact timeframe isn’t fixed; it’s complicated. It depends on individual circumstances and government discretion. Bureaucracy, eh? Always a thrilling adventure.

Here’s what to watch out for:

  • Length of absence: Extended periods outside Australia can be problematic. The government scrutinizes this intensely. I heard a friend’s cousin struggle with this. Don’t let that happen to you.
  • Maintaining ties to Australia: Simply put, stay connected. This involves things like tax returns, property ownership, or family ties. It’s all about demonstrating continued investment in the country. Makes sense, right?
  • Character issues: Criminal convictions or certain types of behavior can lead to cancellation. This includes fraud, terrorism, and a whole host of other unpleasantries. Obviously.
  • Specific visa conditions: Some permanent residency visas have additional requirements. Always, always check your visa details. The government website is your best friend. Or, not. It’s often a confusing mess.

This isn’t just some theoretical possibility. The Department of Home Affairs regularly cancels PR visas. It’s not uncommon. My Uncle Steve almost lost his PR because of some paperwork issue. He’s still recovering. Seriously.

In short: Don’t assume your PR is forever. Be proactive. Stay informed. The rules are strict; the consequences can be devastating. It’s a game, and you’re playing to keep your precious PR. That’s the bottom line.

Further Considerations (2024): The government’s approach to residency is dynamic. Always refer to the official Department of Home Affairs website for the most up-to-date information. They update this stuff frequently. Don’t be lazy.

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