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r 2.08 — Visa application — who may apply — Migration Regulations 1994

Migration Regulations 1994 (Cth) r 2.08 Australia Compilation: 2026-03-11 Verified: 2026-05-23

Text of provision

2.08 Visa application — who may apply

(1) Subject to this regulation, a non-citizen may apply for a visa only if:

(a) the non-citizen is outside Australia; or

(b) the non-citizen is in Australia and:

(i) holds a substantive visa; or

(ii) is a bridging visa holder; or

(iii) is in a specified class of persons prescribed by this regulation.

(2) A non-citizen who is in immigration clearance at a port may apply for a visa in accordance with regulation 2.09.

(3) A non-citizen who does not hold a substantive visa and is not a bridging visa holder may not apply for a substantive visa while in Australia unless:

(a) a provision of the Act or these Regulations provides otherwise; or

(b) the Minister determines that it is in the public interest to consider a visa application from the non-citizen.

Source: regulation 2.08, Migration Regulations 1994. See legislation.gov.au for the authoritative current text.

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

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