Visa
Statutory definition
Section 5(1) of the Migration Act 1958 (Cth) defines visa as a visa granted under the Act. A visa is a permission for a non-citizen to travel to and enter Australia, to remain in Australia, or to do both, granted under the authority of the Minister.
Section 29 provides that the Minister may grant a non-citizen permission to travel to and enter Australia, to remain in Australia, or both, and that such permission constitutes a visa. Section 30 further divides visas into permanent visas and temporary visas.
Explanation
A visa is the legal permission that entitles a non-citizen to be in the migration zone lawfully. A non-citizen who holds a visa that is in effect is a lawful non-citizen; one who does not hold a visa, or whose visa has ceased to be in effect, is an unlawful non-citizen subject to mandatory detention under s 189 of the Act.
Each visa class and subclass is prescribed by the Migration Regulations 1994 (Cth). The Regulations specify the criteria for grant, the conditions attached to each visa, and the circumstances in which it ceases to be in effect. Common classes include:
- Skilled visas — including Subclass 189, Subclass 190, and Subclass 491
- Family visas — partner, parent, and child subclasses
- Temporary visas — student, visitor, and temporary work subclasses
- Protection visas — for persons engaging Australia's protection obligations
- Bridging visas — to bridge the period between substantive visa applications
How this term is used
The word "visa" is used throughout the Migration Act and Regulations. When a provision refers to a visa "in force" or "in effect", it means the visa has been granted and has not been cancelled or expired. A visa that is not "in effect" does not constitute lawful permission to remain.
The conditions of a visa govern what the holder may do in Australia — including whether they may work, study, or travel outside Australia and return. Conditions are set at the time of grant and are listed in Schedule 8 of the Migration Regulations 1994.
A visa may cease to be in effect through expiry (in the case of a temporary visa), cancellation under Part 2 Division 3 of the Act, or by operation of law (for example, when a permanent visa holder becomes an Australian citizen).