[Be advised the following is not to be considered legal advice, but general information only. Given how dynamic and fluid the situation is contact AR LAW SERVICES: Master Migration Lawyers for specific advice and assistance on your Australian visa needs – Information as of 1 November 2021]
In bound: Entry to Australia:
Only Australian citizens and permanent residents and their ‘immediate family’ — which now includes parents — can presently come into Australia without requiring a travel waiver exemption. Although Employer sponsored visa holders, tourists, students and others are still barred, it is possible to submit a travel waiver exemption request for entry to Australia as a temporary resident visa holder if you meet the relevant criteria. Individual exemption: The Commissioner of the Australian Border Force and decision makers may grant you an individual exemption if you are:
- a foreign national travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response
- a foreign national whose entry into Australia would be in the national interest, supported by the Australian Government or a state or territory government authority
- providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
- a foreign national with critical skills or working in a critical sector in Australia
- a foreign national sponsored by your employer to work in Australia in an occupation on the Priority Migration Skilled Occupation List (PMSOL)
- military personnel, including those who form part of the Status of Forces Agreement, Commonwealth Armed Forces, Asia Pacific Forces and Status of Armed Forces Agreement
- a person who resides on a vessel that seeks safe port at the closest appointed port for reprovisioning or safety reasons for a limited duration, supported by the relevant State or Territory government where safe haven is sought
- a student who has been selected to take part in an International Student Arrivals Plan that has been approved by the relevant state or territory government, and endorsed by the Department of Education, Skills and Employment as satisfying the Protocols and Preconditions for International Student Arrivals.
- a student in your final three years of study of a medical university degree, where you have evidence of a confirmed placement in an Australian hospital or medical practice. The placement must commence within the next two months, and provide medical services to the Australian public.
- a higher degree research student enrolled in an Australian education institution (including Masters by research and PhD students) with evidence of a current research grant from a Commonwealth agency or support from a relevant government agency outlining why the research is considered essential and/or in Australia’s national interest and how their role is critical to the research.
- a student completing year 11 and 12, with endorsement from the Department of Education, Skills and Employment (DESE), and support from the relevant state or territory government health and education authorities. Further information regarding this process can be found at the Department of Education, Skills and Employment website.
- a student in the final two years of study of a dental, nursing or allied health profession university degree, where you have evidence of a confirmed placement in an Australian hospital or medical practice which begins within the next two months.
- travelling for compassionate and compelling reasons.
- a Prospective Marriage (subclass 300) visa holder in the following circumstances:
- where the subclass 300 visa has been granted; and
- the subclass 300 visa application was lodged at least 12 months before submitting a travel exemption request.
You must hold a visa and an exemption to Australia’s travel restrictions before you travel. You can request an exemption online and must provide appropriate evidence to support your claims. Requests may be finalised without further consideration if insufficient evidence is provided. All documents need to be officially translated into English. You need to apply for an exemption at least two weeks, but not more than two months, before your planned travel. Your request must include:
- traveller details: name, date of birth, visa type and number, passport number
- proposed residential address and phone number in Australia
- your reasons for coming: why you should be granted an exemption
- a supporting statement: setting out how you meet one of the grounds for an exemption
- accompanying evidence.
If you are not granted an exemption, you should not continue with your travel plans, as you will not be permitted to board a flight to Australia. If you are granted a travel exemption, you need to take evidence of that exemption decision to the airport.
Compassionate and compelling reasons to travel
The Commissioner of the Australian Border Force may grant you an exemption if you are seeking to travel for compassionate and compelling reasons. Compassionate and compelling reasons include, but are not limited to, needing to travel due to the death or critical illness of a close family member. You must hold a visa and have an exemption to Australia’s travel restrictions before you travel. You can request an exemption online and must provide appropriate evidence to support your claims. Requests may be finalised without further consideration if insufficient evidence is provided. All documents need to be officially translated into English. Where possible, you should apply for an exemption at least two weeks, but not more than two months, before your planned travel. If you are travelling due to the death or critical illness of a close family member, you can apply inside this timeframe and we will prioritise your application. If you are not granted an exemption, you should not continue with your travel plans, as you will not be permitted to board a flight to Australia. If you are granted a travel exemption, you need to take evidence of that exemption decision to the airport.
So if you or anyone you know has been barred due to s48 talk to us. Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer. Book a consultation
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
