Temporary visa
Statutory definition
Section 30(2) of the Migration Act 1958 (Cth) provides that a visa is a temporary visa if it is in effect as a temporary visa. The Migration Regulations 1994 prescribe which visa classes and subclasses are temporary visas. Section 5(1) defines temporary visa by reference to s 30.
A temporary visa is generally subject to an expiry date after which, if no further visa is held, the holder becomes an unlawful non-citizen.
Explanation
A temporary visa grants a non-citizen permission to remain in Australia for a defined period or until a specified event. When the visa expires or is cancelled, the holder must either have a subsequent visa (or a bridging visa) or depart Australia.
The range of temporary visas is broad, covering:
- Visitor visas — tourist and business visitor subclasses, typically for 3 to 12 months
- Student visas — Subclass 500, valid for the duration of the enrolled course
- Temporary work visas — including the Temporary Skill Shortage visa (TSS, Subclass 482) for employer-sponsored workers
- Working Holiday visas — Subclasses 417 and 462
- Regional pathway visas — Subclass 491, a temporary visa that can lead to permanent residence via Subclass 191
- Bridging visas — all bridging visa classes are temporary
Temporary visas typically carry conditions that restrict the holder's activities — for example, limiting work to a specific employer, restricting the number of hours of work per fortnight, or prohibiting work entirely.
How this term is used
The distinction between temporary and permanent visa status affects a wide range of rights and entitlements. Temporary visa holders generally do not have access to Medicare (with some exceptions under bilateral agreements), may have limited access to social security, and are not eligible for Australian citizenship.
The Act uses the temporary/permanent distinction in multiple contexts. For example, ss 501 and 501CA contain different minimum visa cancellation sentences depending on visa type. The character provisions treat temporary visa cancellations differently from permanent visa cancellations in certain circumstances.
A temporary visa that expires while the holder is outside Australia generally ceases to be in effect, meaning the holder cannot return to Australia on the expired visa. This differs from a permanent visa, where the right to remain does not expire even after the travel facility expires.