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Visas -[ENGLISH]
There are a large number of temporary and permanent visas that allow people to travel to and live in Australia temporarily or permanently.
Some of these visas allow people to work while others have conditions that forbid work or limit the number of hours that a person can work or the employer they can work for.
It is therefore very important for sex workers to check whether the visa they hold allows them to work and any associated conditions.
Working in breach of a visa condition can have serious consequences and may lead to a person having their visa cancelled, being detained and/or removed from Australia.
Sex industry laws in Australia are different in each State and Territory. The laws for different types of sex work also vary between states. Refer to the Laws section of this booklet or the Scarlet Alliance website for further information.
This information is available in other languages:
Empower Foundation in Thailand have won their national Human Rights award, as have some of their staff, in honour of their work with migrating sex workers in Thailand
Australian citizens
Australian citizens have no restriction on their right to work.
Permanent residents
Australian permanent residents (including refugee visa holders) have no restriction on their right to work.
What if I am in Australia but don’t know what visa I have?
You can go to “Visa Entitlement Verification Online” (also known as VEVO), a Department of Immigration and Citizenship website, and use your passport details to check information about your visa, including whether you are allowed to work in Australia and whether there are any restrictions on that work. This is confidential, though you may give your consent to a prospective employer to check whether you may work and what restrictions may apply. “Visa Entitlement Verification Online” (VEVO) http://www.immi.gov.au/e_visa/vevo.htm (This is because employers who employ a person who is either unlawfully in Australia or who is working in breach of a visa condition may face criminal prosecution. [1] ) If you are unsure how to check information about yourself on VEVO you can ask a sex worker organisation to help you.
The following are some of the temporary visas that may allow you to do sex work in Australia：
- Work and Holiday Visa (subclass 462)
- Working Holiday Visa (subclass 417)
- Student ELICOS Temporary Visa (subclass 570)
- Partner Temporary Visa (subclass 820)
The following visas are some of those that do not allow you to legally do sex work in Australia
- Electronic Travel Authority Visitor (Subclass 976 )
- Electronic Travel Authority Business – Long Stay (Subclass 956)
- Tourist (Subclass 676)
- Sponsored Family Visitor (Subclass 679)
Working Holiday Maker Program
Purpose of the program
| Work and Holiday (Subclass 462) | Working Holiday (Subclass 417) |
|---|---|
| Thailand, | Hong Kong, |
| Indonesia, | Taiwan, |
| Malaysia, | Republic of Korea, |
| USA, | Japan, |
| Chile, | Canada,、 |
| Turkey, | Republic of Cyprus, |
| Bandladesh, | Denmark, |
| Argentina, | Estonia, | France, | Germany, | Republic of Ireland, | Italy, | Malta, | Netherlands, | Norway, | Sweden, | United Kingdom, | Finland, | Belgium. |
visa arrangement with Iran. However Iranian
citizens who are currently in Australia and
already hold a Work and Holiday visa may be
eligible to extend their stay by applying for
up to two further Work and Holiday visas.
Work and Holiday (Subclass 462)
http://www.immi.gov.au/visitors/working-holiday/462/
NOTE: Most countries under this visa program have a limit on the number of Work and Holiday visas issued per year.
What does the visa let me do?
If you are granted a Work and Holiday visa you can
- enter Australia at any time within 12 months of the visa grant date
- stay in Australia for up to 12 months from the date of first entry
- leave and re- enter Australia any number of times in the 12 months from the date of first entry
- undertake short term employment in Australia over the 12 months of your stay, but work for no longer than six months with any one employer
study for up to four months.
Eligibility
You may be eligible for this visa if you:
- are aged 18 to 30 years old (inclusive) at the time of applying
- hold a passport from one of the countries listed above
- meet educational requirements
- have functional English
- have a letter of support from your government
- are not accompanied by dependent children at any time during your stay in Australia
- have not previously entered Australia on a Working Holiday (Subclass 417) or Work and Holiday (Subclass 462) Visa
meet character, health and evidence of sufficient funds requirements.
Education Requirements
There are different levels of education qualification requirements for each country under this program however, for most arrangement countries, you must hold tertiary qualifications or have satisfactorily completed or have been approved to undertake a third year of undergraduate university study.
Tertiary qualifications may include a:
- Doctoral degree
- Masters degree
- Graduate diploma
- Graduate certificate
- Bachelor degree
- Associate degree
- Advanced diploma
- Diploma
- Certificate IV or
- Certificate III level qualifications
Working Holiday (subclass 417)
http://www.immi.gov.au/visitors/working-holiday/417/index.htm
If you are granted this visa you can:
- enter Australia within 12 months of it being granted
- stay in Australia for up to 12 months from the date of first entry
- leave and re-enter Australia any number of times while the visa is valid
- undertake short term employment in Australia over the 12 months of your stay, but work for no longer than six months with any one employer
- study for up to 4 months.
You must:
- be outside Australia when you apply and, when your visa is granted
- not have entered Australia on a Working Holiday visa before
- be aged between 18 and 30 years (inclusive) at the time of applying
- be applying no more than 12 months before you intend to travel to Australia
- not be accompanied by dependent children at any time during your stay in Australia
- meet character, health and evidence of sufficient funds requirements.
If your partner wants to accompany you to Australia, they may do so, but will need to apply for their own visa. If you would like a dependent child to join you in Australia you must apply for a different visa. You must not be accompanied by dependent children at any stage during your visit to Australia on a Working Holiday visa.
First Working Holiday visa applications may be lodged online or as a paper application from anywhere outside Australia. If you have dependent children who will not accompany you to Australia during your Working Holiday you must apply using a paper application form.
Second Working Holiday Visa
http://www.immi.gov.au/visitors/working-holiday/417/eligibility-second.htm
To be eligible for a second Working Holiday visa, you must meet a number of requirements. You may apply either while you still hold a first Working Holiday visa or at a later date.
If you hold a second Working Holiday visa, you may return to work for a further 6 months for an employer with whom you worked on your first Working Holiday visa.
You must:
- have completed three months (88 days) of specified work in regional Australia while on your first Working Holiday visa (there is no requirement to do further specified work on your second visa)
- be aged between 18 and 30 years (inclusive) at the time of applying
- be applying no more than 12 months before you intend to travel to Australia, if applying from outside Australia
- not be accompanied by dependent children at any time during your stay in Australia.
You must also:
- be outside Australia when the visa is granted, if applying from outside Australia
- be in Australia when the visa is granted, if applying from inside Australia
- hold a passport for a country or region participating with Australia in the Working Holiday program.
Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
http://www.immi.gov.au/skilled/skilled-workers/sbs/
This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. This program enables employers to access suitably skilled workers from overseas for positions where they are unable to find local skilled workers. These visa holders are generally highly skilled, have relatively high income levels and contribute to economic growth.
There are three steps involved in applying for a Subclass 457 visa: sponsorship, nomination and visa application. The first step is for an employer who is prepared to employ the overseas worker in a skilled occupation to make an application to be an approved business sponsor.
The second requirement is for the employer to nominate the skilled position in which the worker would work. Once the sponsorship and nomination applications have been approved, the overseas worker can lodge a visa application.
The overseas worker will need to demonstrate that they have the skills and experience required for the position.
Employers can be either:
- Australian businesses
- overseas businesses
A sex worker cannot be sponsored for a Subclass 457 visa but a massage therapist can - see job description below.
Massage Therapist Job Description
Performs therapeutic massage and administers body treatments for relaxation, health, fitness and remedial purposes
[Source: Australian Standard Classification of Occupations (ASCO) code 349411]
This occupation requires you to have completed formal qualifications achieved through study, training or work experience. You need to have attained an Australian Qualifications Framework (AQF) diploma or higher qualification. In some instances relevant experience is required in addition to the formal qualification. For further information on the Australian Qualifications Framework see the AQF website http://www.aqf.edu.au/ http://www.immi.gov.au/skilled/skilled-workers/changes-eng-req.htm
Who is this visa for?
This visa is for overseas workers who are nominated by an employer to fill nominated skilled positions in Australia
What does this visa let me do?
With this visa you can:
- work in Australia for up to four years
- bring any eligible secondary applicants, i.e. partner or dependent family member, with you to Australia – secondary applicants can work and study
after entering Australia, travel in and out of Australia as often as you like.
Skilled – Graduate (Temporary) visa – (Subclass 485)
http://www.immi.gov.au/skilled/general-skilled-migration/485/
This is an 18 month temporary visa for overseas students who have obtained an Australian qualification in Australia as a result of at least two (2) years study. It allows applicants who are unable to pass the points test to remain in Australia for 18 months to gain the skills and experience needed to apply for a permanent or provisional General Skilled Migration visa. No points test applies.
Student Visa
http://www.immi.gov.au/students/
Your nationality and course(s) of study determine your Assessment Level. The Student visa subclass under which you will be assessed is determined by the highest Assessment Level in your course of study (except for ELICOS), even if you are studying a package of courses.
To work out the most appropriate visa for your studies see http://www.immi.gov.au/students/students/chooser/
Student Subclass Options
These are the Student subclass options that are available:
Subclass 570 Independent ELICOS Sector visa
http://www.immi.gov.au/students/students/570-1/
Subclass 571 Schools Sector visa
http://www.immi.gov.au/students/students/571-2/
Subclass 572 Vocational Education and Training Sector visa
http://www.immi.gov.au/students/students/572-4/
Subclass 573 Higher Education Sector visa
http://www.immi.gov.au/students/students/573-4/
Subclass 574 Postgraduate Research Sector visa
http://www.immi.gov.au/students/students/574-2/
Subclass 575 Non-Award Sector visa
http://www.immi.gov.au/students/students/575-2/
Subclass 576 AusAID or Defence Sector visa
http://www.immi.gov.au/students/students/576-2/
Students (ELICOS Sector: Temporary visa subclass 570)
This visa is for international students who want to study English Language Intensive Courses for Overseas Students (ELICOS) in Australia.
What does the visa let me do?
With this visa :
- you can study in Australia
- an eligible dependent family member (your spouse or de facto partner, or your dependent child under 18) can accompany you to Australia only if you are from an Assessment Level 3 or 4 country, and if your course is 12 months or longer in duration
- when you have commenced your course of study in Australia, you can work up to 40 hours per fortnight while your course is in session and unlimited hours during scheduled course breaks.
- your family members can work up to 40 hours per fortnight provided you have commenced your course of study in Australia.
- your dependants can study in Australia for up to three months
Permission to work:If you were granted a student visa on or after 26 April 2008, you will already have permission to work automatically included with your visa. For more information about the conditions of the Student Visa go to
For more information about the conditions of the Student Visa go to http://www.immi.gov.au/students/visa-conditions-students.htm
Mandatory Conditions on Student Visas
8105
- You cannot work more than 40 hours per fortnight* when your course is in session (other than work which has been registered as a part of the course).
Note: :No work limits apply during recognised periods of vacation offered by your education provider.
- 2. You cannot undertake work until you have commenced your course in Australia.
*A week begins on a Monday and ends on the following Sunday.
8202
- 1. You must remain enrolled in a registered course (unless you are an AusAID/Defence student or secondary exchange student, in which case you must maintain full-time enrolment in your course of study or training).
Note: a registered course is one that is on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). For details visit: http://cricos.deewr.gov.au/ - 2. . You must maintain satisfactory attendance in your course and meet course progress requirements for each study period as required by your education provider.
8501
- 1. You must maintain adequate arrangements for health insurance during your stay in Australia.
Note: Under policy, this means that you must maintain Overseas Student Health Cover (OSHC).
8516
- 1. You must continue to satisfy the requirements for grant of your student visa. This means, for example, that your main course of study must continue to be a course in the education sector that matches your student visa, and that you must continue to have sufficient financial capacity to support your study and stay in Australia.
8517
- 1. You must maintain adequate schooling arrangements for your school-age dependants who joined you in Australia on a dependent family member visa for more than 3 months.
8533
- 1. You must notify your education provider of your residential address in Australia within 7 days of arriving in Australia. You must notify your education provider of any change in your residential address within 7 days of the change.
- 2. You must notify your education provider of a change of education provider within 7 days of receiving the electronic Confirmation of Enrolment certificate or evidence of enrolment.
8534
(This condition applies to Subclass 570, 572, 573, 574, 575 and Assessment Level 3 and 4 applicants where the course duration is 10 months or less; it may be imposed on other Student visas on a discretionary basis)
- 1. You are not entitled to be granted a further substantive visa, other than:
- a) a protection visa ; or
- b) a Student visa with Permission to Work
Note: if you apply for and are granted Permission to Work, this will change only the work conditions on your Student visa, all other conditions will remain the same including 8534
- c) a further Student Guardian (Subclass 580) visa
Note: The effect of this visa condition is that, except in extremely limited circumstances, it will not be possible for you to remain in Australia beyond the date authorised by your visa.
Partner or Dependent Family Member of a Student Visa Holder The partner or dependent family member of a student visa holder can work up to 20 hours a week - this applies across all the student visa subclasses.
Condition 8104 states that the holder "must not engage in work for more than 20 hours a week".
A "week" is defined as commencing on Monday and ending on Sunday.
Dependants of 574 primary visa holders who have commenced a Masters or Doctorate Degree are exempt from this requirement. It applies to those family unit members who have been granted permission to work or a student visa granted on or after 26 April 2008.
Permission to work (PTW) and Condition 8104
From 26 April 2008 all dependants who are granted a student visa are subject to condition 8104. Condition 8104 restricts dependants from undertaking work (voluntary work may be permitted in certain circumstances) until the primary student has commenced their course of study in Australia. It also restricts them to no more than 20 hours of work per week at all times. The exception is for dependants of students who have commenced a masters or doctorate course. Dependents of these students may work unlimited hours under condition 8104. Dependants granted a student visa before 26 April 2008 will still have to apply for Permission to Work (PTW) to gain condition 8104.
Note that the 20 hours a week relates to each week during which the course is in session. The 20 hours a week cannot be "averaged out" over the duration of the course.
Changes to Automatic and Mandatory Cancellation of Student Visas
As of 13 April 2013, automatic and mandatory student visa cancellations are being abolished. Instead a discretionary framework will be used, which means that if an international student breaches their visa conditions, the department will consider the individual circumstances of the breach. All student visa holders must abide by the conditions that apply to their visa or still risk having their visa cancelled.
What is automatic cancellation?
Automatic cancellation occurs when a student visa holder is reported by their education provider for not maintaining satisfactory course progress or class attendance. The student visa holder will receive a notification from their education provider about this breach. A student must attend a departmental office within 28 days of receiving this notification, to discuss the possible ceasing of the visa cancellation process. Students who do not contact the department within the 28 days will have their visa automatically cancelled.
What is mandatory cancellation?
Mandatory cancellation primarily occurs when a student breaches visa conditions relating to work restrictions. This includes working for more than 40 hours per fortnight or working before their study commences. Mandatory cancellation can also occur for failing to maintain satisfactory course progress or class attendance.
What will stay the same?
Student visa holders will still need to abide by the conditions of their visa, including maintaining course progress and attendance. Education providers are still required to advise a student if they breach their visa conditions and to report this information to the department for action. Under these changes education providers are still required to report a student visa holder who has failed to maintain satisfactory course progress and attendance. Each report will be assessed by immigration officers.
What is discretionary cancellation?
Discretionary cancellation involves an immigration officer examining a report and taking the individual circumstances of the breach into account when making a decision on whether or not to cancel the visa. Discretionary cancellation for student visas gives immigration officers discretion in cancelling visas for reported breaches of course progress or attendance requirements. This allows the department to distinguish, for example, between a student visa holder who never genuinely intended to study in Australia, and one who may be struggling with particular unit choices and could benefit from a change in course or education provider.
I am a student visa holder and have received a section 20 notice–what do I do now?
Until 13th April 2013 education providers issue students a notice under section 20 of the Education Services for Overseas Students Act 2000 (the ESOS Act), known as a section 20 notice . A section 20 notice is issued to a student who breached their visa conditions. If you received a section 20 notice on or before midnight 12 April 2013 you must comply with it by attending a departmental office within 28 days of the date specified in the notice. Failure to contact the department will result in your visa being automatically cancelled.
My visa has been automatically cancelled–what do I do?
If your visa has been automatically cancelled, you should visit a departmental office as soon as possible to discuss your visa status. You may be eligible to apply for a revocation of the automatic cancellation.
http://www.immi.gov.au/students/students/cessation-auto-mandatory-sv-cancellations.htm
Partner/Spouse Visas
http://www.immi.gov.au/migrants/family/family-visas-partner.htm
Partner Category Visa Options - If you are in Australia
- married partners
- de facto partners (including those in a same-sex relationship)
If your partner is living in Australia you may be eligible for a partner visa. This is for people of all genders and sexualities – and includes same-sex couples. Partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens may apply to enter and/or remain permanently in Australia.
Partner Temporary Visa (subclass 820) Permanent Visa (subclass 801)
http://www.immi.gov.au/migrants/partners/partner/820-801/index.htm
- For applicants who are in Australia when they apply for this visa otherwise referred to as an “Onshore Application”
Partner Temporary Visa (Subclass 309) Permanent Visa (Subclass 100)
http://www.immi.gov.au/migrants/partners/partner/309-100/index.htm
- For applicants who are not in Australia when they apply for this visa otherwise referred to as an “Offshore Application”
Prospective Marriage Visa (Subclass 300)
http://www.immi.gov.au/migrants/partners/prospective/300/index.htm
- For applicants who want to come to Australia to marry their prospective spouse. It is a temporary visa for nine months. You must be outside Australia when you lodge your application and when the visa is granted. You can have the wedding in any country: the wedding does not need to be in Australia.
More information on all of the Partner/Spouse Visas is available from the Partner Migration booklet.
http://www.immi.gov.au/allforms/booklets/1127.pdf
For all applicants for these visas, whether or not employed in the sex industry, the criteria include that: the applicant and their sponsor have a mutual commitment to a shared life to the exclusion of all others; the relationship between them is genuine and continuing; they live together or do not live separately and apart on a permanent basis.
People holding partner visas who are found working in brothels or massage parlours may experience difficulties with their partner visa application if:
- a) their partner is not aware that they are working in the sex industry; or
- b) they are working in another city in which their partner does not live.
Partner Temporary Visa (Subclass 820) and Permanent Visa (Subclass 801)
Both visas are for people to stay in Australia with their partner, who must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen. If two years after you apply the spousal relationship is ongoing, a permanent visa may be granted.
http://www.immi.gov.au/migrants/partners/partner/820-801/index.htm
http://www.immi.gov.au/migrants/family/partner-inside.htm
Expired Visas
Under the Migration Act 1958 (the Act), if your visa expires while you are still in Australia, you become an "unlawful non-citizen" if you don’t have another visa. The Act provides that if you have no entitlement to remain in Australia, you may be detained and removed from Australia as soon as practical.
Department of Immigration and Border Protection (DIBP) officers known as Compliance Officers locate people who have become "unlawful non-citizens" or who are commonly known as "overstayers". If there is no legal entitlement for them to remain, they are expected to depart Australia.
If you are in Australia without a visa and are located by DIBP this can cause problems for you, such as:
- Risk of being detained and removed from Australia. In this case you will owe a debt to the Australian Government for the cost of your detention and removal
- Not being able to be granted another visa to Australia for three years after you leave Australia.
If you become aware that you are an "unlawful non-citizen" taking immediate steps to legalise your status (you may wish to seek legal advice), making immediate arrangements to depart and contacting the compliance section of your nearest office of the Department of Immigration and Border Protection with evidence of your departure booking will be of benefit to you particularly in regards to any future attempts to return to Australia.
Immigration detention facilities in Australia
There are several different types of immigration detention facilities in Australia:
- Immigration Detention Centres (IDCs), designed for a range of unlawful non-citizens including ‘overstayers’ and asylum seekers who arrive without authorisation. There are currently seven IDCs operating in Australia, including six mainland facilities in Curtin, Darwin, Perth, Maribyrnong, Villawood and Weipa and one offshore facility on Christmas Island.
- Immigration Residential Housing (IRH), which aim to provide a flexible detention arrangement to enable people in immigration detention to live in family-style accommodation. IRH facilities are located in Perth, Port Augusta and Sydney.
- Immigration Transit Accommodation (ITA), designed for people who are a low security risk. ITA facilities are located in Brisbane and Melbourne.
- Alternative Places of Detention (APODs), designed for people who have been assessed as posing a minimal risk to the Australian community. APODs are located in Darwin, Inverbrackie and Leonora.
If you are eligible, a departmental officer will grant you a bridging visa to give you lawful status for a short time. The bridging visa provides an opportunity to organise your personal affairs before departure or to lodge an application for a new visa, if this is an option for you.
In this situation, getting legal and immigration advice about your visa options is very important because there may be another visa you can apply for.
Further information:
http://www.immi.gov.au/managing-australias-borders/compliance/staying-legally/expired.htm
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Assisted Voluntary Return and Reintegration Program (AVR)
What is AVR?
The International Organisation for Migration (IOM) Assisted Voluntary Return (AVR) programme assists asylum seekers and other irregular migrants, who wish to return from Australia to their home country voluntarily. The Programme provides an individualized return option, which is jointly planned, safe and dignified.
What services does IOM provide through AVR?
- Information and counseling regarding voluntary return with IOM.
- Assistance in obtaining passports or travel documents.
- Assist in transport arrangements.
- Arrange for assistance once you arrive.
The above listed services are free of charge for all applicants
Who May be Eligible for AVR?
We can help you if you do not currently hold a valid Australian visa, or if you hold a Bridging Visa E (BVE)
To find out if you are eligible for assistance or if you would just like more information about AVR please contact your local IOM office or call 1 300 116 986 (local call costs apply)
Bridging Visas
http://www.immi.gov.au/visas/bridging/
Bridging visas are granted by the Department of Immigration and Citizenship (DIAC) to people in Australia in a number of situations including when they have applied for another visa but a decision cannot be made before their existing visa expires.
A bridging visa will usually contain the same work restriction that applied to the previous visa held.
If the bridging visa has a “no work” condition on it, it may be possible to have this condition removed if a “compelling need to work” can be shown.
There are five classes of bridging visas - they are used to make "non-citizens" lawful who otherwise would be unlawful in the following situations:
- during the processing of an application, made in Australia, for a substantive visa (any visa which is not a bridging visa or criminal justice visa), including merits review of a decision to refuse such an application
- while arrangements are made to leave Australia
- at other times when the
non-citizendoes not have a visa (for example, when seeking judicial review) and the Department of Immigration it is considers it to be not necessary for the person to be kept in immigration detention.
You need a bridging visa to stay in Australia if your substantive visa ends before you are granted another visa or you are making arrangements to leave Australia. If you are awaiting a decision on a substantive visa and wish to leave and re- enter Australia you must apply for a Bridging Visa B- subclass 020(BVB). BVB allows you to leave and return to Australia while your application for a substantive visa is being processed. Provided you return to Australia within the specified travel period, a BVB will then allow you to stay in Australia while your substantive visa application is being processed. You can hold a substantive visa and a BVB at the same time.
For further information on the five different types of bridging visas and application forms visit;
"http://www.immi.gov.au/allforms/pdf/1005.pdf
Subclass 976 Electronic Travel Authority Visitor
http://www.immi.gov.au/visitors/tourist/976/
Subclass 956 Electronic Travel Authority Business – Long Stay
Subclass 676 Tourist
http://www.immi.gov.au/visitors/tourist/676/
Subclass 679 Sponsored Family Visitor
http://www.immi.gov.au/visitors/visiting-family/679/
Subclass 580 Student Guardian visa
http://www.immi.gov.au/students/student_guardians/580/
Tourist Class Visa (Subclass 676)
http://www.immi.gov.au/visitors/tourist/676/
This visa allows you to visit Australia for a holiday, to visit family and friends or to study for less than three months.
What does this visa let me do?
A tourist visa will allow you a single or multiple entry to Australia for a stay for three, six or twelve months. The time period and number of entries granted will depend on the purpose of the visit and your personal circumstances. These may include health, financial circumstances and character requirements.
If you are in Australia and want to extend your stay for tourism, you must apply for a new visa at least two weeks before your current visa expires. If a decision has not been made on your application and your original visa has expired, you can remain lawfully in Australia until the application is finalised.
ETA (electronically stored authority for travel to Australia) Visitor (Subclass 976)
http://www.immi.gov.au/visitors/tourist/976/
Who is this ETA (visitor) for?
An ETA (visitor) subclass 976 is designed for people who are outside Australia and want to visit Australia for holidays, tourism, recreation or informal study.
What does this ETA let me do?
You can stay for up to three months on each visit within the validity of the visa. ETAs are valid for 12 months from the date of grant, or for the life of the passport if the passport expires less than 12 months from the date the ETA was granted.
ETA (visitor) conditions
- you must comply with your ETA conditions while in Australia. A breach of these conditions may result in your ETA being cancelled and you may have to leave Australia.
- you must not work whilst in Australia.
- Some nationalities, eg Thai, Philippine, Vietnamese, are not eligible for this visa.
Student Guardian (Subclass 580)
>http://www.immi.gov.au/students/student_guardians/580/
The Subclass 580 visa is usually issued to the parent of an overseas student under the age of 18 years to allow the parent to care for that student while the student is in Australia.This visa contains a condition that prevents the visa holder working.
Special Conditions on your Visa
(this information is drawn from Department of Immigration and Border Protection)
Condition 8503
http://www.immi.gov.au/media/fact-sheets/52bWaiving_Condition8503.htm
Condition 8503 means you cannot stay longer than the date of your visa expiry.
An 8503 condition can be added at the Department of Immigration and Citizenship’s discretion to temporary visas, including visitor visas, holiday visas or student visas.
It is automatically included on all of the following visas:
- Sponsored Family Visitor visa (subclass 679)
- Tourist visa (subclass 676) granted under the Approved Destination Status scheme operating out of the People's Republic of China
- Sponsored Business Visitor visa (Subclass 459) if the application was made before 1 July 2006
- Professional Development visa (subclass 470)
- Work and Holiday visa (subclass 462) if you have previously held two subclass 462 visas.
Usually condition 8503 is included in your visa when you travel for one of the following reasons:
- a particular family event, e.g. a wedding, christening, funeral or family reunion;
- urgent legal matters; and
- settling affairs after a prior lengthy stay in Australia
Usually 8503 condition means that you cannot apply for another visa while you are in Australia. However, you can apply for a protection visa or bridging visa. You must leave Australia before you make another visa application.
The 8503 condition visa will apply to your visa until:
- You obtain another substantive visa (i.e. a visa other than a bridging visa); or
- You successfully have condition 8503 removed from your visa.
Many tourist visas have condition 8503 attached as do all sponsored family visitor visas.
How do I know if my visa has an 8503 condition?
If condition 8503 applies, the number “8503” will be printed on your visa label. Even if your visa has expired, the condition will still apply until you leave Australia.
[1] The Migration Act provides for criminal prosecution of people who knowingly or recklessly employ a person who is either unlawfully in Australia or who is working in breach of a visa condition. People who refer other people for work in such circumstances can also be prosecuted under the Migration Act.
Published online by Scarlet Alliance 21/10/11