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Section 82 — When visa ceases to be in effect

Migration Act 1958 s 82 Australia Compilation: 18 May 2026 Verified: 2026-05-23

Text of provision

(1) A visa that is cancelled ceases to be in effect on cancellation.

(2) 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.

(2AA) Despite subsection (2):

(a) a maritime crew visa held by a non-citizen does not cease to be in effect if a substantive visa for the non-citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection comes into effect; and

(b) a substantive visa held by a non-citizen that is of a class specified by the Minister, by legislative instrument, for the purposes of this subsection does not cease to be in effect if a maritime crew visa for the non-citizen comes into effect.

(2A) A temporary visa held by a non-citizen ceases to be in effect if an enforcement visa for the non-citizen comes into effect.

(3) A bridging visa held by a non-citizen ceases to be in effect if another visa (other than a special purpose visa or a maritime crew visa) for the non-citizen comes into effect.

(4) A visa ceases to be in effect when the holder leaves Australia because of a deportation order made under section 200.

(5) A visa to travel to and enter Australia (whether also a visa to remain in Australia) during a particular period or until a particular date ceases to be in effect at the end of that period or on that date unless the holder of the visa:

(a) has entered Australia in that period or on or before that date; and

(b) is in Australia at the end of that period or on that date.

(6) A visa to travel to and enter Australia (whether also a visa to remain in Australia) during a particular period or until a particular date ceases to be in effect if the holder leaves Australia after that period or date.

(7) A visa to remain in Australia (whether also a visa to travel to and enter Australia) during a particular period or until a particular date ceases to be in effect at the end of that period or on that date.

(7A) A bridging visa permitting the holder to remain in, or to travel to, enter and remain in, Australia until a specified event happens, ceases to be in effect the moment the event happens.

(8) A visa to remain in, but not re-enter, Australia that is granted to a non-citizen in Australia ceases to be in effect if the holder leaves Australia.

(9) This section does not affect the operation of other provisions of this Act under which a visa ceases to be in effect (such as sections 84E, 173 and 174).

(10) For the purposes of subsections (5), (6) and (7), particular date includes:

(a) the date an event, specified in the visa, happens; or

(b) the date the holder ceases to have a status specified in the visa or the regulations. Migration Act 1958 155 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens

Plain English

Section 82(1) provides that a visa ceases to be in effect in the following circumstances: the last date upon which the holder may travel to Australia passes; the period of validity of the visa expires; the visa is cancelled; the holder becomes an Australian citizen; or the holder is granted another visa (which may or may not replace the previous visa).

Some visas are time-limited on their face; others have no travel restriction but a fixed period of stay once the holder enters Australia.

Practical effect

The cessation of visa effect is automatic — there is no formal notification required for visa expiry. A non-citizen whose visa ceases to be in effect becomes an unlawful non-citizen immediately, without any grace period. This is why timely applications for extension or new visas are essential. The DOHA VEVO system is the authoritative record of visa status — discrepancies between what a person believes their status to be and what VEVO records can have serious consequences.

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

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