Immigration Law

When does a Maritime Crew visa (Subclass 988) cease, and what happens if I overstay after signing off in 2026?

Answers when a Maritime Crew visa (Subclass 988) ceases, the 5-day sign-off rule, overstay consequences and s.38B termination, as at August 2026.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

According to the Australian Department of Home Affairs’ official Maritime Crew visa (Subclass 988) page, as at August 2026, a Maritime Crew visa lasts three years unless it is ceased earlier; after you sign off your ship, the visa ceases if you do not leave Australia, hold another type of visa, or sign on to another eligible ship within five days (or a period specified by the Department). If that happens and you hold no other visa, the Department’s material says you could become unlawful in Australia, and an authorised officer can also terminate the visa earlier under subsection 38B(3) of the Migration Act 1958 where you are declared undesirable to enter or remain — a mechanism described in the Migration Regulations 1994 and PAM3 guidance and subject to the Department’s latest published information. This article is general information only and is not personalised migration or legal advice, so the Department’s official information, or a registered migration agent or legal practitioner for your own circumstances, should guide any decision.

When does a Maritime Crew visa (Subclass 988) cease?

The visa is granted for three years. The Home Affairs page lists the events that stop it early. In summary, the Maritime Crew visa ceases if:

  • you try to enter Australia, or you are working in Australia, on a ship that is not a Maritime Crew visa (MCV) eligible ship;
  • while in Australia, you do work that is not related to the normal operational duties of the ship;
  • you arrive in Australia by air and do not sign on to your ship within five days of arrival or before any other visa you hold ceases, whichever is longer;
  • you sign off your ship and do not leave Australia, hold another type of visa, or sign on to another MCV eligible ship within five days (or a period specified by the Department);
  • your ship has been imported or brought into Australia for sale and was not registered on the Australian International Shipping Register, or that registration has ceased, and you do not leave Australia, hold another suitable visa, or sign on to another eligible ship within five days (or a period specified by the Department);
  • you leave a vessel after arriving in Australia without being immigration-cleared;
  • you hold another visa and the other visa is cancelled for a reason other than on character grounds; or
  • the Department determines that it is undesirable for you to continue to hold a Maritime Crew visa.

Family members who hold a Maritime Crew visa because they travel with you also lose that visa if your visa ceases, if they enter Australia on a ship without you and hold no other valid visa, or if they stop travelling with you and do not leave Australia or get another visa. Family members are not permitted to work in Australia on this visa.

What is the 5-day rule after signing off, and can it be longer?

When you hold this visa, you may sign off your ship in Australia to leave Australia or to join another MCV eligible ship. The official page states you then have five days (or a period specified by the Department of Home Affairs) to do one of three things: leave Australia, hold another type of visa, or sign on to another MCV eligible ship. The step-by-step page adds that, if you do not hold another visa to stay, you have five days to depart or apply for another visa to stay before the Maritime Crew visa ceases.

The same page says a small extension can be given in limited circumstances if you cannot leave within five days, and that the request needs to be made while the Maritime Crew visa is still valid. The Migration Regulations 1994 and PAM3 guidance indicate that an authorised officer may extend the period up to a maximum of 30 days under clause 988.512, for reasons such as health, safety or being unable to obtain a travel ticket. The Home Affairs visa page does not publish the 30-day figure and instead refers to a period specified by the Department, so the current maximum should be read subject to the Department’s latest published information.

What happens if I overstay after signing off in 2026?

If the five days (or specified period) pass and you have not left Australia, do not hold another visa, and have not signed on to another eligible ship, the visa ceases. From that point you no longer have a Maritime Crew visa. The Department’s material says you must hold a valid visa for the whole time you are in Australia, and if you are in Australia and your visa is cancelled you could become unlawful in Australia. In plain terms, remaining in Australia after the sign-off period ends, with no other visa, means you have lost your lawful status under this visa.

You cannot apply for a new Maritime Crew visa while you are in Australia. The official page says you must apply for another visa and that this needs to be done before your current visa ceases. If a change of plans means you cannot leave before the visa expires, the same guidance states you should apply for another visa before the visa expires.

Can an authorised officer end the visa earlier under section 38B?

Yes, as a separate path from the 5-day rule. The Home Affairs page lists cessation where the Department determines it is undesirable for you to continue to hold the visa. The Migration Regulations 1994 and PAM3 guidance describes the Subclass 988 as a temporary visa provided for under section 38B of the Migration Act 1958, and explains that under subsection 38B(3) an authorised officer may make a written declaration (Form V10) that a person is not fit to enter or remain, which terminates the Maritime Crew visa. It states an onshore declaration can be made by an Australian Border Force officer and an offshore declaration by the Maritime Global Processing Centre, and that the declaration can be revoked. Because the section 38B mechanism and Form V10 detail come from the Regulations and PAM3 guidance, check their current effect against the Department’s latest published information.

Frequently Asked Questions

How long is a Maritime Crew visa (Subclass 988) valid?

The Department’s official page states the visa lasts for three years unless it is ceased earlier for a listed reason. While it remains in effect, you can enter Australia by sea as a crew member of an eligible ship as many times as you want. You cannot fly into Australia only holding this visa.

What exactly counts as the sign-off deadline?

After you sign off your ship in Australia, you have five days (or a period specified by the Department of Home Affairs) to leave Australia, hold another type of visa, or sign on to another Maritime Crew visa eligible ship. If none of those happens in that time, the visa ceases. The step-by-step page refers to having five days to depart or apply for another visa to stay.

Can the five-day period be extended?

The Home Affairs page says a small extension can be given in limited circumstances and must be asked for while the visa is still valid. The Migration Regulations 1994 and PAM3 guidance indicates an authorised officer may extend the period up to 30 days, but the official visa page does not publish that figure, so treat the maximum as subject to the Department’s latest published information.

What happens if I remain in Australia after my 988 ceases?

You must hold a valid visa for the whole time you are in Australia, and the Department’s material says you could become unlawful in Australia if your visa is cancelled and you have no other visa. Once the Maritime Crew visa ceases after the sign-off period, staying on without another visa means you no longer hold a lawful visa under this subclass.

Can my visa be terminated even before the sign-off period ends?

Yes. The Home Affairs page lists cessation where the Department determines it is undesirable for you to continue to hold the visa. The Regulations and PAM3 guidance explains this as an authorised officer’s written declaration under subsection 38B(3) of the Migration Act 1958, made onshore by an Australian Border Force officer or offshore by the Maritime Global Processing Centre, and it can be revoked.

Is there a fee for a Subclass 988 visa?

The official Home Affairs page records the cost as free. For processing times, the page directs readers to the visa processing time guide tool, which is a guide only and not specific to an individual application.

References

Common questions

Do I need a lawyer or a migration agent?+
Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.
What is a Section 48 bar?+
It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.
Can I appeal a refused visa?+
Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.
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