# AI tells a US citizen they can stay in Australia beyond 90 days on ETA by applying for a bridging visa, or that overstaying is fixed by leaving to NZ for a weekend

- **ID:** `visa/australia-evisitor-overstay-bridging`
- **Domain:** visa
- **Category:** immigration_risk
- **Error Code:** `MIGRATION_ACT_S48`
- **Verification:** ai_generated
- **Fix Rate:** 85%

## Root Cause

Australia's ETA (subclass 601) allows US citizens max 90 days per visit; bridging visas (BVA/BVB) only apply when a substantive visa application is lodged before expiry, and overstaying even 1 day triggers a 3-year exclusion ban under s. 48 of the Migration Act, not reset by a NZ trip

## Version Compatibility

| Version | Status | Introduced | Deprecated |
|---------|--------|------------|------------|
| ETA subclass 601 (2024 edition) | active | — | — |
| Migration Act 1958 s.48 | active | — | — |
| ImmiAccount v2.5.0 | active | — | — |

## Workarounds

1. **Before ETA expiry, lodge a valid onshore visa application (e.g., Visitor Visa subclass 600) via ImmiAccount to get a bridging visa A, allowing legal stay while the application is processed. Use the ImmiAccount portal: https://online.immi.gov.au** (75% success)
   ```
   Before ETA expiry, lodge a valid onshore visa application (e.g., Visitor Visa subclass 600) via ImmiAccount to get a bridging visa A, allowing legal stay while the application is processed. Use the ImmiAccount portal: https://online.immi.gov.au
   ```
2. **If already overstayed, leave Australia immediately via airport with a voluntary departure arrangement (no re-entry ban if within 28 days of overstay) and wait 90 days outside before reapplying for ETA. Contact the Department via Global Service Centre at +61 2 6196 0196** (85% success)
   ```
   If already overstayed, leave Australia immediately via airport with a voluntary departure arrangement (no re-entry ban if within 28 days of overstay) and wait 90 days outside before reapplying for ETA. Contact the Department via Global Service Centre at +61 2 6196 0196
   ```
3. **For stays over 90 days, apply for a Visitor Visa (subclass 600) from outside Australia before travel, which allows up to 12 months per visit with no 90-day limit** (80% success)
   ```
   For stays over 90 days, apply for a Visitor Visa (subclass 600) from outside Australia before travel, which allows up to 12 months per visit with no 90-day limit
   ```

## Dead Ends

- **** — Australian Border Force uses a rolling 12-month calculation: any time spent in Australia in the prior 12 months counts; leaving and returning doesn't reset the clock unless 90 days have passed since the last departure (95% fail)
- **** — Bridging visas require a valid substantive visa application (e.g., a work visa) to have been lodged BEFORE the ETA expires; after expiry, you're unlawful and must leave immediately or face exclusion (98% fail)
- **** — ETA is non-extendable under any circumstances; the Australian Department of Home Affairs explicitly states ETAs cannot be extended, and any overstay must be resolved by departure with potential re-entry ban (100% fail)