Section 30 — Kinds of visas
Text of provision
(1) A visa to remain in Australia (whether also a visa to travel to and enter Australia) may be a visa, to be known as a permanent visa, to remain indefinitely.
(2) A visa to remain in Australia (whether also a visa to travel to and enter Australia) may be a visa, to be known as a temporary visa, to remain:
(a) during a specified period; or
(b) until a specified event happens; or
(c) while the holder has a specified status.
Plain English
Section 30 establishes the fundamental distinction between the two kinds of visa under Australian law:
- Temporary visa — permits the holder to remain in Australia for a specified period or until a specified event occurs. Most temporary visas expire on a fixed date.
- Permanent visa — permits the holder to remain in Australia indefinitely. Permanent visas do not expire (though travel facilities may).
The regulations specify which visa classes are temporary and which are permanent.
Practical effect
The distinction between temporary and permanent visas determines long-term residence rights. Only permanent visa holders are "permanent residents" of Australia with the right to remain indefinitely and to apply for citizenship after meeting the residence requirement.
Some visa classes straddle the distinction — for example, a Subclass 820 (Partner, Onshore) is a temporary visa that leads automatically to a Subclass 801 (Partner) permanent visa on satisfaction of the criteria.