Watch Out for This When Entering Australia on a Visitor Visa

G’day, Welcome to Straya!

Got your Visitor Visa granted? Great, you are now able to legally enter and remain in Australia until your visa expiry date …. As long as you follow your visa conditions!
Whether you are coming to Australia for a holiday, to visit friends or family or as a business visitor, we have outlined a few considerations to keep in mind when entering Australia on a Visitor visa.

Check Your Visitor Visa Dates!

A Visitor visa (subclass 600), also commonly known as a ‘tourist visa’, once granted can allow you to stay in Australia for three, six or twelve months and with single or multiple entries!

A three-month stay with a multiple entry facility and a validity period of one year meets the requirements of most visitors to Australia. It means that you are permitted to leave and re-enter Australia as frequently as you like during this time; although you may only stay up to 3 months on each visit.

So, before you start planning your trip, make sure to have a look at all notifications you receive from the Department, as well as, your visa grant notice by checking the following details:

  • Must not arrive after,
  • Stay period,
  • Travel facility and
  • Visa conditions

Forgot to bring your visa grant with you? No worries! Thanks to the advance in technology, you can verify your visa details and conditions online through VEVO (Visa Entitlement Verification Online). You can also download myVEVO on your iPhone or Android to check your visa details!

Australian Visitor Visa Conditions

Once your Visitor visa is granted, it is YOUR responsibility to be aware of your visa conditions. Your visa is granted with limitations on what you can and cannot do in Australia.

One of the conditions that we would like to stress is Condition 8101 – ‘No Work’. This condition is imposed on all Visitor visas, regardless of how long your Visitor visa is granted for and it cannot be waived. It is extremely important that you abide by this and not work in Australia while holding the Visitor visa.

The second condition that we want to point out is Condition 8503 – ‘No Further Stay’. This condition can be granted on a range of temporary visas and not all Visitor visas will be granted with it. If imposed, this condition does not allow you to apply for any other visa while you are in Australia. For example, if you want to extend your stay, you will not be able to apply for another Visitor visa in Australia.

Condition 8503 No Further Stay may be waived if the Minister believes that compelling and compassionate circumstances exist.

Breaching your visa conditions can result in serious consequences, including a cancellation of your Visitor visa. After which, you could be detained or even removed from Australia and may also have a negative impact on your visa application to Australia in the future. So believe us – it’s not worth it.

Entering Australia

As part of the immigration process, the customs officer will check your travel documents and visa when you arrive. Because everything is done electronically, customs officer no longer provides Port and Date Stamp in traveller’s passports on arrival or departure, unless otherwise requested.

If custom detects issues with your identity or authority to enter Australia, you will be referred to an Immigration Officer at the airport. The Immigration Officer may check things such as your travel history, other travel plans and your contacts in Australia.

In certain circumstances, you may be formally interviewed by the Immigration Officer to obtain further information about your plans in Australia and your immigration status. Interpreters are readily available for those that do not speak English. The interview may also be recorded.

Remain Visa compliant

… At all times.
Always remember that the Department has access to your visa details and can cancel your Visitor visa at any time if they have grounds to believe that you are in breach of your visa condition.

With the advanced technology, it’s easy for the Department to check what you are or will be doing in the country. With the Airport security carrying out rigorous checks on arrivals, it is possible that Australian Border Force officers may question travellers and examine their goods.

‘Can Immigration Authorities at the airport search my phone or computer on arrival?’

Yes, if the Immigration Authorities at the airport suspects and have reasonable grounds to believe that you have breached or will be in breach of your Visitor visa condition.

There was a case in June 2017 (DOZ16 v Minister for Immigration [2017] FCCA 1157), where a holder of a Visitor visa got her visa cancelled. In summary, the traveller had her own mobile phone searched by an Australian Border Force officer on arrival. The traveller was supposed to visit Australia to attend her sister’s wedding and like all other Visitor visas, her visa was imposed with the Condition 8101 No Work. Suspicious text messages were found confirming that she had been working in Australia during her previous visit AND she intends to work more during that visit. Her Visitor visa was cancelled on that basis.

IMPORTANT: If your Visitor visa is cancelled, you will be banned to re-enter Australia for 3 years on a temporary visa.

As the holder of a Visitor visa, it is extremely important to comply with your visa conditions! It is also important you depart Australia BEFORE the expiry of your visa to avoid becoming unlawful.


How Can We Help

The Visitor visa can easily be obtained for low-risk countries but for countries that are high risk, it can sometimes be difficult and commonly refused if the application is not done properly.

We can help guide you through the entire visa application process and help you prepare all documents involved.

You can book a consultation with our Immigration Lawyers and Migration Agents at Agape Henry Crux (previously known as Crux Migration). We will assess your eligibility and tailor your visitor visa application in accordance with your circumstances.

CONTACT US


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