Permanent visa
Statutory definition
Section 30(1) of the Migration Act 1958 (Cth) provides that a visa is a permanent visa if it is in effect as a permanent visa. The Migration Regulations 1994 prescribe which visa classes and subclasses are permanent visas. Section 5(1) defines permanent visa by reference to s 30.
A permanent visa authorises the holder to travel to, enter, and remain in Australia indefinitely — though the travel component may have a limited validity period requiring re-entry within a set time from grant.
Explanation
A permanent visa grants a non-citizen the right to remain in Australia indefinitely. Unlike a temporary visa, a permanent visa does not have an expiry date on the right to remain, though the initial travel entitlement (which allows re-entry after travel overseas) typically has a five-year validity from the date of grant.
Key features of a permanent visa:
- No expiry on right to remain — a permanent resident may remain in Australia indefinitely without renewing the visa
- Unrestricted work rights — permanent visa holders are generally not subject to work condition restrictions
- Access to Medicare — permanent residents are eligible to enrol in Medicare
- Pathway to citizenship — permanent residency is typically a prerequisite for Australian citizenship under the Australian Citizenship Act 2007
- Travel re-entry — the initial visa includes a travel facility, usually valid for five years from grant; after expiry, the holder may need a Resident Return Visa (RRV, Subclass 155 or 157) to re-enter
The main categories of permanent visas include skilled independent and nominated visas (Subclass 189, Subclass 190), family visas (partner, parent, child), and certain employer-sponsored visas.
How this term is used
The term "permanent visa" is used in the Act and Regulations to distinguish the two fundamental categories of visa status. Many provisions apply differently to permanent and temporary visa holders — for example, the character provisions in s 501 have different cancellation pathways depending on whether the visa cancelled was permanent or temporary.
A permanent visa can still be cancelled. Cancellation does not require the visa to have expired — it can be cancelled on character grounds (s 501), on the basis of false or misleading information provided at the time of application (s 109), or on other prescribed grounds. Upon cancellation, the former holder becomes an unlawful non-citizen if they hold no other visa.
The points test pathway (Subclasses 189, 190, and 491) leads to a permanent visa — either directly (189, 190) or after a qualifying period of regional residence and work (491 → Subclass 191).