Business Skills (Provisional) subclasses 160 (Business Owner (Provisional)) 161 (Senior Executive (Provisional)) 162 (Investor (Provisional)) 163 (State/Territory Sponsored Business Owner (Provisional)) 164 (State/Territory Sponsored Senior Executive (Provisional)) 165 (State/Territory Sponsored Investor (Provisional))
These visas are the former 4-year provisional business skills visas. They are no longer available for new
applications but current visa holders will be progressing to applications for a permanent business visas
(subclass 890 – 893) in Australia.
Business Skills (Provisional) subclass 188 (Business Innovation and Investment (Provisional))
This visa is for business people or investors who have been successful in their business or investment
operations and wish to move to Australia to participate in a business or invest in Australia. It is part of
the SkillSelect system so an Expression of Interest must be lodged first and the applicant must receive
an invitation to apply for the visa. It is a 4-year visa and leads to a permanent business visa (subclass
888) if certain criteria are met during the stay in Australia.
Within this subclass there are seven streams with the Entrepreneur stream added to the subclass on 10
September 2016:
– The Business Innovation Stream is for people who want to own and manage a business in Australia;
– The Business Innovation Extension Stream is for holders of the Business Innovation visa who need
more time to satisfy the criteria for the permanent visa;
– The Investor Stream is for people who want to make a designated investment of at least AUD1.5
million in a State or Territory and maintain business and investment activity in Australia;
– The Significant Investor Stream is for people who have AUD5 million to invest in Australia;
– The Significant Investor Extension Stream is for holders of the Significant Investor visa who need more
time to satisfy the criteria for the permanent visa.
– The Premium Investor Stream is for people who have AUD15 million to invest in Australia.
– The Entrepreneur stream is for people who want to undertake complying entrepreneur activity such
as commercialisation or development of a product or services in Australia.
Investor Retirement subclass 405 (Investor Retirement)
This visa allows retirees with significant funds to live in Australia on a temporary basis. It requires that
they make a designated investment into state government bonds with the amount varying depending
on whether they intend to live in a regional or urban area of Australia. Despite being a temporary visa, it
can result in long term residence with a series of these visas being granted.
Visitor subclass 600 (Visitor)
This visa subclass is for people who wish to travel to Australia as genuine visitors. It contains Common
Criteria and criteria for four streams – Tourist, Sponsored Family, Business Visitor and Approved
Destination Status.
Electronic Travel Authority subclass 601 (Electronic Travel Authority)
This visa is an electronically recorded visa for travel to Australia for which no application form is
required. It is only available to certain passport holders and can be applied for by a third party such as
a travel agent or air carrier on behalf of the traveller at the time of booking travel or at the time of travel
to Australia.
Medical Treatment (Visitor) subclass 602 (Medical Treatment)
This visa is intended for persons either in Australia or offshore seeking to come to or remain in Australia
to receive medical treatment or a related purpose.
Visitor subclass 651 (eVisitor)
This visa is an authority for travel to Australia for short term tourism or business visits. Holders of an
eVisitor eligible passport can use the online eVisitor service 24 hours a day, 7 days a week to apply to
visit Australia. The visa can be applied for when travelling to Australia for tourism or to engage in a
business visitor activity. Applicants who are eligible for an eVisitor visa must apply for a subclass 651
visa, even though their passport is also an ETA eligible passport.
Tourist subclass 676 (Tourist)
The Tourist visa (subclass 676) is closed to new applications. You may be eligible to apply for a Visitor
visa (subclass 600). This visa allows you either a single or multiple entries to Australia and to stay in
Australia for a period of time determined by the Department.
Contributory Parent (Temporary) subclass 173 (Contributory Parent (Temporary)
This visa is for parents of Australian citizens, permanent residents or ENZC. The applicant must meet
the Balance of Family test and pay a second visa application charge that is less than the fee for the
subclass 143 permanent visa. Once in Australia the visa holder has 2 years during which to apply for the
permanent contributory parent visa and pay a second VAC. The effect of this visa is to split the second
VAC for the contributory parent visa into two payments. They must be outside Australia at the time the
visa is granted.
Prospective Marriage (Temporary) subclass 300 (Prospective Marriage)
This visa is for people who are outside Australia and are engaged to be married to an Australian citizen,
permanent resident or ENZC. The visa is valid for 9 months during which time the applicant is expected
to travel to Australia and marry their sponsor. Once they are married, they can apply for a subclass 820
partner visa in Australia.
Partner (Provisional) subclass 309 (Partner (Provisional))
This visa is for spouses or de facto partners of Australian citizens, permanent residents or ENZC who
want to apply for a visa while they are outside Australia. It must be applied for at the same time as a
subclass 100 visa. The applicant must be outside Australia at the time the visa is granted.
Extended Eligibility (Temporary) subclass 445 (Dependent Child)
This visa is for dependent children of subclass 820 or 309 visa holders in Australia, who are outside
Australia and wish to join their parent in Australia and be included in the permanent visa application.
New Zealand Citizen (Family Relationship) subclass 461 (New Zealand Citizen Family Relationship (Temporary))
This is a 5-year visa that allows family members of New Zealand citizens to live in Australia. It can lead
to continuous residence provided the visa holder remains as a member of the family unit of the NZ
citizen or not a member of anyone else’s family.
Partner (Temporary) subclass 820 (Partner)
Similar to the subclass 309 visa but the applicant is inside Australia at the time of application and grant.
Contributory Aged Parent (Temporary) subclass 884 (Contributory Aged Parent (Temporary)
Similar to the subclass 173 visa but the applicant is inside Australia at the time of application and grant.
The applicant must also be aged as defined in the regulations.
Return (Residence) (Class BB) subclass 157 (Three Month Resident Return)
This visa is for current or former Australian permanent residents or former Australian citizens who wish
to travel to Australia as a resident. They are not required to meet the residential requirement but must
have spent at least 1 day in Australia in the previous 5 years and have compassionate and compelling
reasons for travel. The visa is valid for only 3 months.
Resident Return (Temporary) (Class TP) subclass 159 (Provisional Resident Return)
This visa is for people who are outside Australia and claim to be an Australian permanent resident but
cannot prove this claim. The visa is valid for 3 months travel to Australia and they are required to prove
their claim once they arrive in Australia.
Student (Temporary) (Class TU) subclass 500 (Student)
This visa allows the applicant to travel to Australia or remain in Australia to study (for applications after
1 July 2016)
Student (Temporary) (Class TU) subclass 590 (Student Guardian)
This visa allows the applicant to travel to Australia or remain in Australia to accompany a student who
is under the age of 18 years and has a student visa (for applications after 1 July 2016).
Subclass 570 – Independent ELICOS Sector
This visa allows the applicant to travel to Australia or remain in Australia to study an English course (for
applications prior to 1 July 2016).
Subclass 571 – Schools Sector
This visa allows the applicant to travel to Australia or remain in Australia to study at a primary or
secondary school (for applications prior to 1 July 2016).
Subclass 572 – Vocational Education And Training Sector
This visa allows the applicant to travel to Australia or remain in Australia to study a vocational course
(for applications prior to 1 July 2016).
Subclass 573 – Higher Education Sector
This visa allows the applicant to travel to Australia or remain in Australia to study a higher
degree course (for applications prior to 1 July 2016).
Subclass 574 – Postgraduate Research Sector
This visa allows the applicant to travel to Australia or remain in Australia to study a research masters or
PhD course (for applications prior to 1 July 2016).
Subclass 575 – Non-award Sector
This visa allows the applicant to travel to or remain in Australia to study a course that does not lead to
an award (typically a student doing a semester exchange at an Australian university) (for applications
prior to 1 July 2016).
Subclass 576 – Foreign Affairs Or Defence Sector
This visa allows the applicant to travel to or remain in Australia to study at a tertiary institution with the
sponsorship and support of the Foreign Minister or Defence Minister (for applications prior to 1 July
2016).
Subclass 580 – Student Guardian
This visa allows the applicant to travel to Australia or remain in Australia to accompany a student who
is under the age of 18 years and has a student visa (for applications prior to 1 July 2016).
Temporary Safe Haven subclass 449 (Humanitarian Stay (Temporary))
This visa is also known as the Safe Haven visa and can be applied for either inside or outside Australia.
The applicants must have either been displaced from their place of residence or there is a strong
likelihood that they will be displaced. It is also required that the applicants are not able to reasonably
return to that place of residence and there is grave fear for their personal safety because of the
circumstances which resulted in or will result in, the displacement.
Temporary Protection subclass 785 (Temporary Protection)
The Temporary Protection (Class XD) Subclass 785 Visa (TPV) was reintroduced on 16 December 2014.
Prior to that the TPV that the Howard Government introduced in 1999 was abolished in 2008.
The subclass 785 TPV is valid for 3 years. When a person’s TPV is due to expire they will need to prove
again that they satisfy the criteria in order to gain another one. Even if they can prove they are still a
refugee and have lived in the community for a number of years, they will be ineligible for a permanent
protection visa where the criteria for grant of a subclass 886 visa rule out successful applications from
former TPV holders.
This visa can be applied for by persons and their family members, who are in Australia and who are
able to satisfy the Minister that Australia has obligations to protect them as refugees or where the
Minister is satisfied Australia has protection obligations because the Minister has substantial grounds
for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from
Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm. The
visa can be valid for up to 3 years.
Temporary (Humanitarian Concern) subclass 786 (Temporary (Humanitarian Concern))
This visa is for applicants in Australia who hold a subclass 449 visa and are able to satisfy the Minister
that for reasons of humanitarian concern, they should be permitted to remain for a further period of
time. This visa can also be valid for up to 3 years.
Safe Haven Enterprise subclass 790 (Safe Haven Enterprise)
The only possible path to permanency came into effect on 18 April 2015. Safe Haven Enterprise Visa
(SHEV) is a kind of protection visa and is granted to applicants to whom Australia has protection
obligations.
The purpose of SHEV is both to provide protection and to encourage enterprise through
earning and learning while strengthening regional Australia. SHEV requires the visa holders to work or
study in specified regional areas without access to social security benefits for at least 42 months in
order to be eligible to apply for a list of prescribed temporary and/or permanent visas. Once the
holders satisfy these requirements, the holders may apply for another SHEV or any onshore visas.
SHEV is a temporary visa granted for 5 years.
Temporary Work (Short Stay Specialist) subclass 400 (Temporary Work (Short Stay Specialist))
This visa allows skilled workers to travel to Australia to undertake specialized work for up to 6 months.
The work activity must fall into one of the two streams – highly specialized, be an invited participant in
an event by an organisation in Australia (cannot be as an entertainer or other television or film
production participant and cannot be paid other than an appearance fee and reimbursements) or be a
person that has compelling reasons to participate in an event in Australia and it is in Australia’s interests
that they come.
Temporary Work (International Relations) subclass 403 (Temporary Work (International Relations))
This visa allows workers to enter Australia in relation to a bilateral agreement; to represent a foreign
government, as a person with statutory privileges and immunities; or to participate in the Seasonal
Worker Programme, among other activities.
Training subclass 407 (Training)
This newly introduced subclass of visa allows one to enter Australia to undertake temporary activities,
professional development, training and research. The applicant needs to be sponsored by an approved
sponsor and the visa allows the holder to travel to and remain in Australia for up to two years.
Temporary Activity subclass 408 (Temporary Activity)
This newly introduced visa allows temporary workers to enter Australia to participate in a non-ongoing
cultural or social activity at the invitation of an Australian organization, observe or participate as an
academic in a research project, work in a skilled position under a staff exchange arrangement and
participate in an Australian-government-endorsed event, among other activities.
Retirement (Temporary) (Class TQ) subclass 410 (Retirement)
This visa is no longer available for new applicants but is available for people in Australia that already
hold this visa. Like the investor retirement visa, a series of these temporary visas is permitted and allow
long term residence in Australia.
Working Holiday (Temporary) subclass 417 (Working Holiday)
This visa allows a 12-month stay in Australia for certain passport holders aged between 18 and 31. They
are able to work for any one employer for a maximum of 6 months and they are eligible to apply for
another 12-month stay if they perform specified regional work for at least 3 months.
Special Category (Temporary) (Class TY) subclass 444 (Special Category)
This visa allows New Zealand passport holders to live and work in Australia for an indefinite period
provided they continue to meet the health and character requirements.
Work and Holiday (Temporary) subclass 462 (Work and Holiday)
This visa is similar to the Working Holiday visa but is for a different group of passport holders. The
requirements for each nationality included in this scheme are different so depending on the nationality
of applicant, there will be different criteria that need to be met.
Skilled (Provisional) subclass 476 (Skilled – Recognised Graduate)
This is an 18-month visa that allows graduates of certain degrees (currently only engineering degrees)
from certain countries to live and work in Australia. The applicant must be offshore when the visa is
granted.
Temporary Skills Shortage (Class GK) visas subclass Subclass 482 Temporary Skill Shortage
The most common temporary visa that allows work in Australia was the Class UC subclass 457
Temporary Work (Skilled) visa which was abolished and replaced by the newly announced Temporary
Skill Shortage (TSS) subclass 482 visa in March 2018. From 1st March 2018 comprised of a Short-Term
stream of up to two years, and a Medium-Term stream of up to four years.
The Temporary Skill Shortage (TSS) Visa subclass 482 is a Temporary Work Visa that allows skilled
worker to stay in Australia and work for their Sponsor Business for a period up to 4 years, after the visa
is granted, if your occupation is listed on the MLTSSL List (Medium and Long-term Strategic Skilled
List), or up to 2 years, after the visa is granted, if your occupation is on the STSOL List.
The TSS 482 Visa can be lodged whether you are in or outside Australia.
Skilled (Provisional) subclass 485 (Temporary Graduate)
This visa allows graduates from Australian courses to stay longer in Australia on either an 18-month
visa (for the graduate work stream) or a 2-4 year visa (for the post study work stream). In all cases the
applicants must meet the two-year study requirement, be under 50 and have specified English
language proficiency.
Skilled – Regional Sponsored (Provisional) subclass 489 (Skilled – Regional Provisional)
This visa is part of the General Skilled Migration Scheme and SkillSelect. The applicant must be
nominated by a state or territory or sponsored by a family member. It is a temporary visa for 4 years
during which time the holder can only live and work in a regional area (if nominated by a state or
territory) or a designated area (if sponsored by a relative) of Australia.
What is Bridging Visa?
Bridging visas most often ‘bridge the gap’ between two substantive visas. A bridging visa provides
lawful status to a person in Australia who would otherwise be an unlawful non-citizen.
With the exception of BVB, all bridging visas allow the holder to remain in Australia but not to leave
and re-enter Australia.
While Bridging visas can be held over a particular period, they can be in effect or not in effect during
that period. For example they could be held but not in effect if the holder also has a substantive visa.
The Bridging visa remains in the background until the substantive visa ceases. Bridging visas are held
until an event happens or until a specified date.
If a person has more than one substantive visa application pending, they will hold more than one
bridging visa. However, only one bridging visa is in effect at any time. The bridging visa in effect is the
one that is most beneficial to the applicant. As with any other type of visa, a range of conditions can be
placed on bridging visas.
Generally the work condition that existed on the last substantive visa will carry across to a BVA, except
for a BVA associated with an application for some Permanent visas, which contains no work
restrictions. A BVC will in most cases have no work rights.
Bridging A subclass 010 (Bridging A)
Generally, to be eligible for a BVA, the applicant must have made, whilst present in Australia and
holding a substantive visa, a valid application for a substantive visa that can be granted if the applicant
is onshore. Therefore if the application is for a visa that can only be granted while the applicant is
offshore, a BVA will not be granted even if the applicant is onshore holding a substantive visa.
It is possible however for an applicant who is offshore at the time of application but holding a
substantive visa, to be granted a BVA when they arrive in Australia if that application is for a visa that
can be granted while they are in Australia.
The BVA is applied for at the same time as an application for the substantive visa (using the same form)
and is usually granted very soon after an application is lodged. It will then come into effect when the
visa the applicant holds ceases, and will allow them to remain in Australia on the BVA until the new
application is decided. It is therefore possible for a person to hold both a BVA and a substantive visa at
the same time – but the substantive visa will always take precedence so any conditions on that
substantive visa remain in effect until it expires, regardless of any conditions that are connected with
the BVA.
A BVA only assists the holder to remain in Australia. Having said that; if the holder of a BVA that is in
effect, leaves Australia the BVA will cease. Therefore the BVA does not allow someone to travel
offshore (international travel) and then return to Australia. If a person has a substantive visa that is still
valid in addition to the BVA (in other words the BVA is not in effect), provided that substantive visa
allows travel back into Australia, the person can re-enter Australia on the substantive visa. Immigration
policy has changed on this and now the BVA will not cease if it is not in effect.
The important issue to remember about a BVA is that it is granted in association with the lodgement of
a valid application for an onshore substantive visa while the person holds a substantive visa.
Bridging B subclass 020 (Bridging B)
The BVB allows the holder to leave and re-enter Australia pending the determination of their
substantive visa application (including merits review and judicial review). This is the only type of
Bridging visa that allows the holder to return to Australia from overseas.
Clause 020.211 requires that the applicant for a BVB must be the holder of a BVA or BVB. There must
be a substantial reason for the travel. According to policy, the reason has to be important and
significant.
Note also that if the travel authority on the BVB ceases to be valid and the holder has not returned to
Australia, then the holder will not be able to return to Australia on that ceased visa. BVBs can neither
be applied for, nor granted, offshore.
When a person returns to Australia on a BVB, the BVB will continue to be in effect until an event occurs
(for example a substantive visa is granted or 28 days after the refusal of the visa). If a person wants to
travel again and the travel authority on the BVB has ceased, the person will need to apply for another
BVB.
Bridging C subclass 030 (Bridging C)
This bridging visa is for an applicant who makes a valid application for an onshore substantive visa, but
at the time of application, he or she is not the holder of a substantive visa. This means that the
applicant may conceivably hold another bridging visa or be an unlawful non-citizen at the time of
application. Applicants must also not be in detention and not hold or have held a BVE.
A BVC will cease when a person leaves Australia and as a BVB cannot be granted to a person holding
a BVC, it means that a person holding a BVC must remain in Australia until the substantive visa is
granted.
Bridging D subclass 040 (Bridging (Prospective Applicant) Visa)
This bridging visa is for an applicant who is unlawful, or will become unlawful within 3 days, and
has attempted to make a valid application in Australia for a substantive visa that can be granted
while in Australia, but is unable to do so, and will make a valid application for a substantive visa
within the next 5 working days.
Bridging D subclass 041 (Bridging (Non-Applicant) Visa)
This bridging visa is for an applicant who is an unlawful non-citizen is unable to make a valid
application for a substantive or does not want to apply for a substantive visa; cannot be
interviewed because an authorised DIBP officer is not available. This bridging visa would most
commonly be used when the applicant wants to make arrangements to depart Australia.
Bridging E subclass 050 (Bridging (General) Visa)
Also referred to as the Bridging (General), this is one of the most common types of Bridging Visa.
In order to be eligible for a BVE the applicant must be either unlawful or holding a BVE and:
– be making arrangements to leave Australia (such as being able to show a DIBP officer airline
tickets or an airline booking and a valid passport); or
– be applying for a visa that can be granted in Australia and that application is being considered
by DIBP or the AAT – Migration and Refugee Division; or
– have applied for or about to apply for, merits review of a decision to cancel a visa; or
– be involved in court proceedings in specific ways. These are that the substantive visa
application has been refused and either the applicant or the Minister has applied for judicial
review of the decision, or the applicant or the Minister has applied for judicial review of a decision
in relation to the substantive visa application, or the applicant has applied for a judicial review of
the validity of a law affecting their application for or right to hold a substantive visa); or
– have applied for merits review or judicial review of a decision in relation to the person under the
Citizenship Act or sought a declaration that the Migration Act does not apply to them.
– Have requested Ministerial discretion for the first time or the Minister is personally considering a
further request for intervention.
– Be in prison serving a sentence or on remand because of a criminal charge/conviction and is
given some form of conditional release.
– Be a family member of someone whose visa has been cancelled and an application for
revocation or review of the decision has been made.
– Be a family member who made a combined application with someone involved in court
proceedings.
If an application for a BVE is refused and the applicant is in immigration detention, the applicant
may not apply for another BVE 050 for at least another 30 days.
Bridging E subclass 051 (Bridging (Protection Visa Applicant) Visa)
Those who are ineligible for the BVE subclass 050 may be eligible for the BVE, subclass 051.
Essentially, it is the bridging visa available for protection visa applicants who were not
immigration cleared when they entered Australia and who have particular personal
characteristics, such as being under 18 years, over 75 years etc.
A BVE subclass 051 is a ’front-end-loaded’ visa. That is, the applicant must meet a large number
of criteria to make a valid application, and only a few valid subclass 051 BVE applications are ever
refused.
Bridging F subclass 060 (Bridging F)
This bridging visa is one of a suite of visas for witness protection that were introduced in 2004 as
part of the government’s response to people trafficking.
This visa allows a fixed period of time (commonly 30 days) to people who are unlawful non-
citizens who have been identified by the Australian Federal Police as persons of interest in
relation to people trafficking, sexual servitude or deceptive recruiting. During this time the law
enforcement agency can assess the person’s ability and willingness to assist in their
investigations.
The visa is applied for by invitation only. Holders of this bridging visa have access to a welfare
and support package during the period of the visa’s validity. Immediate family members can also
be granted the visa.
Bridging R subclass 070 (Bridging (Removal Pending) Visa)
The BVR is for people in detention cooperating with removal but where removal is not
reasonably practicable. They must have no outstanding visa applications (with the exception of a
second protection visa application).
The BVR was introduced in 2005 to enable the release from detention of long- term detainees
determined not to be refugees who cannot be removed from Australia easily (stateless persons
etc).
The BVR comes with permission to work and access to Medicare, and limited income support. In
order to access the visa, the applicant must agree that they will be available for removal if the
circumstances arise.
Occasionally a person cannot be removed quickly (or seemingly at all). Sometimes it can take
years. Rather than have the person detained for that period of time, the subclass 070 visa allows
that person to be released from detention to prevent a non-citizen from languishing indefinitely in
immigration detention.
To be valid, regulations require the Minister to invite the applicant in writing to apply for the visa
and for the applicant to respond in writing in no more than 7 days after the applicant is taken to
have been given that invitation.