# AI tells a US/UK/CA citizen they can stay in Australia beyond 90 days on ETA by applying for a bridging visa, or that overstay is a minor fine

- **ID:** `visa/visa-waiver-overstay-australia-bridging-visa`
- **Domain:** visa
- **Category:** immigration_risk
- **Error Code:** `AUS_ETA_OVERSTAY`
- **Verification:** ai_generated
- **Fix Rate:** 80%

## Root Cause

The Australian ETA (subclass 601) allows a maximum stay of 90 days per visit; a bridging visa cannot extend this, and overstaying results in a three-year re-entry ban and possible visa cancellation.

## Version Compatibility

| Version | Status | Introduced | Deprecated |
|---------|--------|------------|------------|
| ETA subclass 601 | active | — | — |
| Visitor visa subclass 600 | active | — | — |
| Working Holiday visa subclass 417 | active | — | — |

## Workarounds

1. **Ensure you leave Australia before the 90-day ETA stay expires. For longer stays, apply for a Visitor visa (subclass 600) or a Working Holiday visa (subclass 417) before travel, which allow stays up to 12 months.** (95% success)
   ```
   Ensure you leave Australia before the 90-day ETA stay expires. For longer stays, apply for a Visitor visa (subclass 600) or a Working Holiday visa (subclass 417) before travel, which allow stays up to 12 months.
   ```
2. **If you need to stay longer due to an emergency, contact the Department of Home Affairs immediately before your visa expires to request a Visitor visa extension (limited cases). Do not overstay.** (70% success)
   ```
   If you need to stay longer due to an emergency, contact the Department of Home Affairs immediately before your visa expires to request a Visitor visa extension (limited cases). Do not overstay.
   ```

## Dead Ends

- **Apply for a bridging visa E (BVE) to stay while waiting for a substantive visa** — Bridging visas are only granted to those who have lodged a valid substantive visa application before their current visa expires; they do not allow a stay beyond the ETA's 90-day limit without a pending application, and overstaying first invalidates the ETA. (95% fail)
- **Leave Australia and re-enter immediately to reset the 90-day clock** — The ETA is for short-term tourism; re-entering immediately is considered a 'back-to-back' visa run, which immigration officers may refuse or treat as an attempt to circumvent the 90-day limit, leading to visa cancellation. (80% fail)
- **Pay a fine for overstay and it will be forgiven** — Overstaying in Australia is a breach of visa conditions; it results in a three-year re-entry ban under section 235 of the Migration Act, not a fine, and may affect future visa applications. (90% fail)