Section 29 — Visas — what they are
Text of provision
(1) Subject to this Act, the Minister may grant a non-citizen permission, to be known as a visa, to do either or both of the following:
(a) travel to and enter Australia;
(b) remain in Australia.
Note: A maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia) (see section 38B).
(2) Without limiting subsection (1), a visa to travel to, enter and remain in Australia may be one to:
(a) travel to and enter Australia during a prescribed or specified period; and
(b) if, and only if, the holder travels to and enters during that period, remain in Australia during a prescribed or specified period or indefinitely.
(3) Without limiting subsection (1), a visa to travel to, enter and remain in Australia may be one to:
(a) travel to and enter Australia during a prescribed or specified period; and
(b) if, and only if, the holder travels to and enters during that period:
(i) remain in it during a prescribed or specified period or indefinitely; and
(ii) if the holder leaves Australia during a prescribed or specified period, travel to and re-enter it during a prescribed or specified period.
(4) Without limiting section 83 (person taken to be included in visa), the regulations may provide for a visa being held by 2 or more persons.
Plain English
Section 29 provides that a visa is a permission, granted to a non-citizen, to do one or both of the following:
- travel to and enter Australia; and/or
- remain in Australia.
A visa may be granted subject to conditions. Conditions may impose requirements before entry (such as health and character requirements) or after entry (such as work restrictions or no further stay conditions).
Practical effect
Visas are the central mechanism of immigration control under the Migration Act. Every non-citizen in Australia must hold a visa — there is no status of being in Australia "on the basis of" family ties, prior residence, or any other ground not recognised by a visa class.
The travel component of a visa (the right to travel to and enter Australia) and the stay component (the right to remain) are distinct. Travel facilities on a permanent visa typically expire after 5 years; the right to remain as a permanent resident does not expire unless status is lost under the regulations.