📌 Overview
📋
All Visa Subclasses — Master Overview
Complete listing of all Australian visa subclasses across all categories with type, location and key notes.
👨👩👧 Family Visas
👫
Partner Visas
Subclasses 309, 100, 820, 801, 300 — onshore & offshore partner and prospective marriage visas.
TemporaryPermanent
👨👩👦
Parent Visas
Subclasses 103, 143, 173, 804, 864, 884, 870 — contributory and non-contributory parent visas.
PermanentTemporary
👧
Child Visas
Subclasses 101, 102, 117, 802, 837, 445 — dependent, adoption, and orphan relative child visas.
PermanentTemporary
👴
Other Relatives
Subclasses 835, 836, 838 — remaining relative, carer and aged dependent relative visas.
Permanent
🎓 Skilled Migration
🎓
GSM — 189 / 190 / 491
Points-tested skilled migration visas. EOI, invitation-based, occupation lists, skills assessment.
PermanentProvisional
🏢
ENS/TSS — 186 / 494 / 482
Employer-sponsored skilled visas: three-step process — sponsor, nominate, visa application.
PermanentTemporaryProvisional
📊
Visa Comparison
Side-by-side feature comparison of 189, 190, 491, 494, 482 and 186 skilled visas.
📜 Legal Reference
📜PIC Schedule 4
Public Interest Criteria definitions — character, security, health, debt, passport.
⚖️Key Regulations
Migration Regulations 1994 reference index with key provisions and summaries.
🤝Sponsorships
Sponsor obligations, enforcement outcomes and review rights.
🏥Medical Treatment (602)
Subclass 602 — streams, criteria, conditions and waiver policy.
🔓Visa Conditions & Waivers
Section 41 conditions, Condition 8503/8534 and Reg 2.05(4) waiver framework.
✨ Additional Sheets
📚Student Visa 500/590
SC 500 (Student) & SC 590 (Student Guardian) — GTE, English, funds, conditions.
🎓485 Temporary Graduate
Post-Higher Education & Post-Vocational Education Work streams.
🔄Bridging Visas A–E
BVA/B/C/D/E — purpose, travel/work rights, duration, validity triggers.
🛡️Protection & Refugee
SC 785, 866, 200–204, 449, 786 — comparison & key distinctions.
💼Business Innovation 188/888
All 6 streams of SC 188 + pathway to SC 888 permanent.
🌟National Innovation 858
SC 858 — internationally recognised exceptional achievement.
🏋️407 Training Visa
Occupational training; sponsor requirements; functional English.
🌏Short-Term & Visitor Visas
SC 417, 462, 600, 601 (ETA), 651 (eVisitor) + 417 breach scenarios.
| Category | Sub-Category | Item No. | Visa Title | Subclass | Type | Location | Key Notes |
| Business | Business | 1104BA | Business Skills | 888 | Permanent | Onshore | Employer-sponsored permanent business skills visa. |
| Business | Business | 1202B | Business Skills | 188 | Provisional | Onshore/Offshore | 6 streams: Business Innovation, Investor, Sig. Investor, Premium, Entrepreneur, Ext. |
| Family – Partner | Partner | 1220A | Partner Provisional (Offshore) | 309 | Temporary | Offshore | Offshore partner visa; spouse/de facto of AUS citizen/PR. |
| Family – Partner | Partner | 1129 | Partner Migrant | 100 | Permanent | In or Outside | Must hold 309 visa; 2-year relationship requirement; follows 309 grant. |
| Family – Partner | Partner | 1214C | Partner Temporary (Onshore) | 820 | Temporary | Onshore | Onshore partner visa; spouse/de facto of AUS citizen/PR. |
| Family – Partner | Partner | 1124B | Partner Permanent (Onshore) | 801 | Permanent | Onshore | Must hold 820 or prospective marriage visa; 2-year relationship. |
| Family – Partner | Partner | 1215 | Prospective Marriage | 300 | Temporary | Offshore | 9–15 months validity; no re-entry after marriage. |
| Family – Parent | Parent | 1221 | Contributory Parent Temp | 173 | Temporary | Offshore | ~12-yr processing; leads to 143. |
| Family – Parent | Parent | 1130 | Contributory Parent | 143 | Permanent | Onshore/Offshore | Higher fee; ~12-yr processing; 2-stage payment. |
| Family – Parent | Parent | 1221A | Contributory Aged Parent Temp | 884 | Temporary | Onshore | 67+ years; leads to 864; ~12-yr processing. |
| Family – Parent | Parent | 1130A | Contributory Aged Parent | 864 | Permanent | Onshore | 67+ years; large 2nd instalment; AoS required. |
| Family – Parent | Parent | 1124 | Parent (Non-contributory) | 103 | Permanent | Offshore | ~29-yr processing; balance of family test required. |
| Family – Parent | Parent | 1124A | Aged Parent (Non-contributory) | 804 | Permanent | Onshore | 67+ years; ~29-yr processing. |
| Family – Parent | Parent | 1239 | Sponsored Parent Temporary | 870 | Temporary | Offshore | Max 10 yrs cumulative; no pathway to PR; income test. |
| Family – Child | Child | 1108 | Child (Permanent) | 101 | Permanent | Offshore | Dependent child of AUS citizen/PR; under 18. |
| Family – Child | Child | 1108 | Adoption | 102 | Permanent | Offshore | Adopted child; overseas law compliance required. |
| Family – Child | Child | 1108 | Orphan Relative | 117 | Permanent | Offshore | Orphan relative; must not have turned 18. |
| Family – Child | Child | 1108A | Child Residence | 802 | Permanent | Onshore | Onshore child visa; dependent child. |
| Family – Child | Child | 1211 | Dependent Child (Temp) | 445 | Temporary | In or Outside | Child of 309/820/826 visa holder; not on parent's app. |
| Family – Other | Remaining Relative | | Remaining Relative | 835 | Permanent | Offshore | Last remaining relative outside AUS of AUS relative. |
| Family – Other | Carer | | Carer | 836 | Permanent | Onshore/Offshore | Sponsor has long-term medical condition needing care. |
| Family – Other | Aged Dependent Relative | | Aged Dependent Relative | 838 | Permanent | Offshore | Dependent on AUS relative financially due to age. |
| Skilled – GSM | Skilled Independent | 1137 | Skilled Independent | 189 | Permanent | Onshore/Offshore | Points-tested; EOI + invitation; 65+ pts; MLTSSL occupation. |
| Skilled – GSM | Skilled Nominated | 1138 | Skilled Nominated | 190 | Permanent | Onshore/Offshore | State/Territory nomination; EOI + invitation; 65+ pts. |
| Skilled – GSM | Skilled Regional | 1241 | Skilled Work Regional | 491 | Provisional | Onshore/Offshore | Temp 5 yrs; regional area; leads to 191 PR after 3 yrs. |
| Skilled – GSM | Permanent Regional | 1139 | Permanent Skilled Regional | 191 | Permanent | Onshore | Follows 491/494; 3-yr regional commitment + income test. |
| Skilled – Employer | Employer Sponsored Regional | 1242 | SESR | 494 | Provisional | Onshore/Offshore | Employer in regional area; leads to 191 PR after 3 yrs. |
| Skilled – Employer | Temporary Skills | 1240 | Skills in Demand | 482 | Temporary | Onshore/Offshore | 3-step: sponsor → nomination → visa; max 4 yrs. |
| Skilled – Employer | Employer Nomination | 1114B | ENS | 186 | Permanent | Onshore/Offshore | Permanent; TRT, DE, and LA streams. |
| Bridging | Bridging A | 1301 | Bridging A | 010 | Bridging | Onshore | Lawful stay while substantive visa decided; no travel rights. |
| Bridging | Bridging B | 1302 | Bridging B | 020 | Bridging | Onshore | As BVA + travel rights for substantive reasons. |
| Bridging | Bridging C | 1303 | Bridging C | 030 | Bridging | Onshore | No substantive visa at lodgement; no work rights generally. |
| Bridging | Bridging D | 1304 | Bridging D | 040 | Bridging | Onshore | 5 working days only; no work/travel rights. |
| Bridging | Bridging E | 1305 | Bridging E | 050 | Bridging | Onshore | Unlawful non-citizen; resolving immigration status. |
| Protection | Protection | 1401 | Protection | 866 | Permanent | Onshore | Refugee/protection obligations; Ministerial determination. |
| Protection | Refugee | 1402 | Refugee & Humanitarian | 200 | Permanent | Offshore | Offshore refugee determination; UNHCR referral. |
| Protection | Temporary Protection | 1403 | Temporary Protection | 785 | Temporary | Onshore | Temporary status for certain protection visa applicants. |
| Other | Medical | 1214A | Medical Treatment | 602 | Temporary | Onshore/Offshore | Short-stay for medical treatment; genuine need required. |
| Other | Student | 1222 | Student | 500 | Temporary | Onshore/Offshore | Registered course; OSHC required. |
| Other | Working Holiday | 1225 | Working Holiday | 417 | Temporary | Offshore | 18–35; 12 months; eligible passport holders. |
| Other | Graduate | 1229 | Temporary Graduate | 485 | Temporary | Onshore | Post-study; Graduate/Post-study work streams. |
| Subclass | Visa Name | Item/Class | Type | Location | LIN / Form | Fees (AUD) | Key Requirements |
| 309 | Partner Provisional (Offshore) | 1220A – Class UF | Temporary | Offshore | LIN 18/103 | Form 47SP | $9,365 + $4,685 AAC | Spouse/de facto of AUS citizen or PR; outside AU at time of application. |
| 100 | Partner Permanent (Offshore) | 1129 – Class BC | Permanent | In or Outside | LIN 18/103 | Form 47SP | Nil (2nd stage of 309) | Must hold 309 visa; 2-year relationship requirement; follows 309 grant. |
| 820 | Partner Temporary (Onshore) | 1214C – Class UK | Temporary | Onshore | LIN 18/103 | Form 47SP | $9,365 (base combined) | Spouse/de facto of AUS citizen or PR; inside AU; s5CB de facto definition. |
| 801 | Partner Permanent (Onshore) | 1124B – Class BS | Permanent | Onshore | LIN 18/103 | Form 47SP | $9,365 (base) | Must hold 820 or prospective marriage visa; 2-year relationship; AoS possible. |
| 300 | Prospective Marriage | 1215 – Class TO | Temporary | Offshore | LIN 18/103 | Form 47SP | $9,365 | Intends to marry; 9–15 months validity; no re-entry after marriage; apply 820/801 after. |
| 445 | Dependent Child | 1211 – Class EG | Temporary | In or Outside | LIN 16/051 | Form 918 | $3,235 | Child not on parent's 309/820 app; parent's provisional visa still in effect. |
⚖️ Key Regulations & Definitions
| Regulation | Topic | Summary |
| Reg 1.15A | Spouse | Definition of spouse for visa purposes. |
| Reg 1.09A | De Facto Partner | Definition of de facto partner and de facto relationship. |
| s5CB Act | De Facto Partner (Act) | Statutory definition of 'de facto partner' in the Migration Act 1958. |
| Reg 1.20J | Sponsorship Limitation | Limits Minister's discretion to approve partner sponsorships. |
| Reg 1.20KA | Sponsorship Bar | Bars certain sponsors from partner/prospective marriage visa sponsorship. |
| Div 1.5 | Family Violence | Provisions for persons who have suffered family violence (regs 1.22–1.27). |
| s83 Act | Family Members on Visa | Certain persons taken to be included in spouse or parent's visa. |
| PIC 4001–4021 | Public Interest Criteria | Character, security, health, debt, and passport requirements. |
⚠️ Income Test for 870 Sponsorship: Sponsor must demonstrate taxable income of AUD $83,454.80 (LIN 19/149). Can combine with spouse/de facto or another child of the sponsored person.
| Criteria | 173 Contr. Parent Temp | 143 Contr. Parent Perm | 884 Contr. Aged Temp | 864 Contr. Aged Perm | 103 Parent Non-Contr. | 804 Aged Parent | 870 Sponsored Parent |
| Item / Class | 1221 – Class UT | 1130 – Class CA | 1221A – Class UU | 1130A – Class DG | 1124 – Class AX | 1124A – Class BP | 1239 – Class GH |
| Type | Temporary | Permanent | Temporary | Permanent | Permanent | Permanent | Temporary |
| Location | Offshore | Onshore or Offshore | Onshore | Onshore | Offshore | Onshore | Offshore (or permitted onshore) |
| Age Requirement | None | None | 67+ years | 67+ years | None | 67+ years | None (18+ for dependent) |
| Balance of Family Test | Yes (Reg 1.05) | Yes (Reg 1.05) | Yes (Reg 1.05) | Yes (Reg 1.05) | Yes (Reg 1.05) | Yes (Reg 1.05) | NO |
| Settled Sponsor Required | Yes | Yes | Yes | Yes | Yes | Yes | NO (Income test) |
| Form | 47PA | 47PA or 47PT | 47PA | 47PA or 47PT | 47PA | 47PA | Form 1502 (Internet) |
| Base VAC (AUD) | $3,395 | $5,040 | $5,040 | $5,040 | $5,280 | $5,280 | $4,855 (≤3yr) / $10,925 (≤10yr) |
| 2nd Instalment (AUD) | $29,130 | $43,600 | $29,130 | $43,600 | $2,065 | $2,065 | N/A |
| Assurance of Support | N/A | Yes – $10,000 main; $4,000 MOFU; 10-yr bond | N/A | Yes – $10,000 main; $4,000 MOFU | Yes – $10,000 main; $4,000 MOFU | Yes – $10,000 main; $4,000 MOFU | NO |
| Processing Time | ~12 years | ~12 years | ~12 years | ~12 years | ~29 years | ~29 years | ~6 months |
| Visa Validity | 2 years | 5 years | 2 years | 5 years | 5 years | 5 years | 3 or 5 yrs (max 10 yrs cumulative) |
| Health Test (PIC 4005) | Yes | Yes | Yes | Yes | Yes | Yes | Yes (4007 onshore; 4005 offshore) |
| Key Notes | Leads to SC 143; offshore only. | Most popular contributory parent visa; AoS required. | Leads to SC 864; onshore only; age 67+. | Onshore; age 67+; largest 2nd instalment. | Very long queue; offshore only. | Onshore; age 67+; very long queue; cheapest. | No pathway to PR; income test; sponsor form 1501. |
| Criteria | 101 – Child (Offshore) | 102 – Adoption (Offshore) | 117 – Orphan Rel. (Offshore) | 802 – Child (Onshore) | 837 – Orphan Rel. (Onshore) | 445 – Dep. Child (Temp) |
| Item / Class | 1108 – Class AH | 1108 – Class AH | 1108 – Class AH | 1108A – Class AH | 1108A – Class AH | 1211 – Class EG |
| Type | Permanent | Permanent | Permanent | Permanent | Permanent | Temporary |
| Location | Outside AU | Outside AU | Outside AU | Inside AU | Inside AU | In or Outside |
| Form | 47CH | 47CH | 47CH | 47CH | 47CH | 918 |
| Fees (AUD) | $3,235 | $3,235 | $1,980 | $3,235 | $3,235 | $3,235 |
| Age Limit | Under 18 | Under 18 | Under 18 | Under 18 (s48: under 25 or incapacitated) | Under 18 | Under 18 |
| Relationship Requirement | Dependent child or step-child of AU citizen/PR/ENZC | Adopted/prospectively adopted child | Orphan relative of AU citizen/PR/settled ENZC | Dependent child or step-child | Orphan relative | Dependent child of 309/310/445/820/826 visa holder |
| Special Requirements | If over 18: not engaged, not married, studying FT | Overseas adoption laws complied with; competent AU authority approved | Orphan; no parent able to care; family unity principle | s48 bar: must be under 25 and incapacitated for work | Must be onshore; s48 bar conditions apply | Parent's provisional visa still in effect |
| Criteria | 835 Remaining Relative (Off) | 836 Carer (Offshore) | 116 Carer (Onshore) | 838 Aged Dep. Relative (Off) | 114 Aged Dep. Relative (On) |
| Item / Class | 1123B – Class BF | 1123A (offshore) | 1123B (onshore) | 1123A – Class BF | 1123A – Class BF |
| Type | Permanent | Permanent | Permanent | Permanent | Permanent |
| Location | Offshore | Offshore | Onshore | Offshore | Onshore |
| Purpose | All children of AU relative live in AU permanently (last relative overseas) | Provide care to AU relative with long-term medical condition | Onshore carer for AU relative | Aged and financially dependent on AU relative; unable to live independently | Aged and financially dependent on AU relative |
| Key Condition | All children (eligible) must live in AU | Medical evidence of long-term condition; no suitable care available in AU | Same as offshore | Financial dependence due to age; no other relative in AU | Same as offshore version |
| Health Test | Yes – PIC 4005 | Yes – PIC 4005 | Yes – PIC 4005 | Yes – PIC 4005 | Yes – PIC 4005 |
| Relevant Regulations | Reg 1.15 – Remaining Relative | Reg 1.15AA – Carer | Reg 1.15AA – Carer | Reg 1.14 – Orphan/Aged dependent | Reg 1.14 – Aged dependent |
📌 PIC for all GSM visas: 4001 (Character) | 4002 (ASIO Security) | 4003 (Foreign Policy) | 4004 (Commonwealth Debts) | 4005 (Health) | 4019 (Values Statement) | 4020 (Bogus Documents) | 4021 (Valid Passport)
| Criteria | 189 Skilled Independent | 190 Skilled Nominated | 491 Skilled Work Regional | 485 Temp Graduate | 191 Permanent Skilled Regional |
| Item / Class | 1137 – Class SI | 1138 – Class SN | 1241 – Class PS | 1229 – Class TU | 1139 – Class RN |
| Type | Permanent | Permanent | Provisional | Temporary | Permanent |
| Invitation Required | YES – EOI + Minister's invitation | YES – EOI + State/Territory + Minister | YES – EOI + nomination/sponsorship | No invitation; apply directly post-study | No invitation; eligibility-based after 3 yrs |
| Age Limit | Under 45 at invitation | Under 45 at invitation | Under 45 at invitation | Varies (generally under 50) | No age limit |
| Points Test | YES – 65+ points | YES – 65+ (+5 for nomination) | YES – 65+ | No | No |
| Occupation List | MLTSSL | MLTSSL / STSOL | MLTSSL / STSOL / ROL | Relevant to study/degree | Based on prior provisional visa |
| English Requirement | Competent (Reg 1.15C) – IELTS 6.0 each | Competent (Reg 1.15C) | Competent (Reg 1.15C) | Competent (Reg 1.15C) | Competent (Reg 1.15C) |
| Location Requirement | None – anywhere in AU | None (2-yr state/terr. commitment) | Must live/work/study in regional area | Must have studied in AU | Must have lived/worked regional AU 3 yrs |
| s48 Bar (Onshore) | NOT prescribed – must be offshore | NOT prescribed – must be offshore | Prescribed – can apply onshore | Prescribed | Prescribed |
| Fees (AUD) | $4,910 base; AAC 18+ $2,455 | $4,910 base; AAC 18+ $2,455 | $4,910 base; AAC 18+ $2,455 | $4,600 base | Varies |
| Path to PR | Immediate PR | Immediate PR | SC 191 after 3 yrs + income $65,000 | SC 189 or employer sponsorship | Immediate PR |
| Key LINs | LIN 19/051; LIN 19/210; LIN 20/162 | LIN 20/162; LIN 19/051 | LIN 20/162; LIN 19/051; LIN 19/260 | LIN 19/051 | LIN 19/051 |
✅ 491 relative sponsorship: Relative must be 18+, AU citizen/PR/ENZC and related (parent, child, sibling, aunt/uncle, cousin, grandparent). 191 income threshold: AUD $65,000 in last year before application.
⬆️ The Three-Step Employer Sponsorship Process
① Step 1SPONSORSHIP
Employer becomes approved SBS
(Form 482S/SR; Reg 2.59)
② Step 2NOMINATION
Employer nominates specific position
(Reg 2.72; s140GB)
③ Step 3VISA APPLICATION
Skilled worker applies for visa
(Schedule 1 & 2)
| Criteria | 482 Specialist Skills | 482 Core Skills | 482 Labour Agreement | 494 SESR | 186 TRT Stream | 186 Direct Entry |
| Item / Class | 1240 – Class GK | 1240 – Class GK | 1240 – Class GK | 1242 – Class PE | 1114B – Class EN | 1114B – Class EN |
| Type | Temporary | Temporary | Temporary | Provisional | Permanent | Permanent |
| Age Limit | No age limit | No age limit | No age limit | Under 45 | Under 45 | Under 45 |
| Income Threshold | AUD $135,000 | AUD $76,515 | Per Labour Agreement | N/A (regional) | Market salary rate | Market salary rate |
| Occupation List | ANZSCO 2022 Major Groups 1,2,4,5,6 | CSOL – LIN 24/089 | Per Labour Agreement | Employer-sponsored list LIN 19/219 | Same occupation as 457/482 | CSOL (LIN 24/093) |
| English Requirement | IELTS 5.0 / PTE 36 (LIN 24/099) | IELTS 5.0 / PTE 36 | Yes | Competent (IELTS 6.0) | Competent English (Reg 1.15C) | Competent English (Reg 1.15C) |
| Work Experience | 12 months FT in last 5 years | 12 months FT in last 5 years | Per Labour Agreement | 3 years | 2+ years in same position (last 3 yrs) | 3 years relevant experience |
| Regional Requirement | No | No | No | YES – live/work in designated regional area | No | No |
| Fees (AUD) | $3,210 base | $3,210 base | $3,210 base | $4,910 | $4,910 | $4,910 |
| Path to PR | SC 186 TRT after 2 yrs in same role | SC 186 TRT after 2 yrs in same role | SC 186 LA | SC 191 after 3 yrs + income test | Immediate PR | Immediate PR |
| Key LINs | LIN 24/089; LIN 24/099 | LIN 24/089; LIN 24/099 | IMMI 18/018 | LIN 19/211; LIN 19/260 | LIN 24/093; LIN 19/216 | LIN 24/093 |
| Feature / Requirement | 189 Skilled Indep. | 190 Skilled Nom. | 491 Skilled Regional | 494 Emp. Sponsored Reg. | 482 Skills in Demand | 186 Employer Nom. |
| Visa Type | PERMANENT | PERMANENT | PROVISIONAL | PROVISIONAL | TEMPORARY | PERMANENT |
| Mandatory Sponsorship | No (independent) | State/Territory nomination | State/Territory OR eligible relative | Employer (SBS + work agreement) | Employer (SBS + nomination) | Employer nomination |
| Age Limit | Under 45 at invitation | Under 45 at invitation | Under 45 at invitation | Under 45 (exemptions apply) | No age limit | Under 45 (exemptions: s216 LIN) |
| Points Test | YES – 65+ (Schedule 6D) | YES – 65+ (+5 for nomination) | YES – 65+ | NO | NO | NO |
| English | Competent – IELTS 6 each | Competent | Competent | Competent | IELTS 5.0 each (LIN 24/099) | Competent |
| Occupation List | MLTSSL | MLTSSL / STSOL | MLTSSL / STSOL / ROL | Employer-sponsored list | CSOL / ANZSCO Grp 1,2,4,5,6 | CSOL / Same role (TRT) |
| Location Restriction | None | None (2-yr state condition) | Must be in regional AU | Must be in regional AU with sponsor | Work for sponsor only | None |
| s48 Bar (Onshore) | NOT prescribed (offshore) | NOT prescribed (offshore) | Prescribed – can apply onshore | Prescribed – can apply onshore | Prescribed (must hold substantive/BVA/B/C) | Prescribed |
| Path to PR | Immediate PR | Immediate PR | SC 191 after 3 yrs + $65K income | SC 191 after 3 yrs + $65K income | SC 186 TRT after 2 yrs same role | Immediate PR |
| Fees (AUD Base) | $4,910 | $4,910 | $4,910 | $4,910 | $3,210 | $4,910 |
| Skills Assessment | YES – 3 years | YES – 3 years | YES – 3 years | YES – 3 years (LIN 19/260) | Mandatory in some cases | YES (DE); Prior employment (TRT) |
| PIC # | Short Title | Full Requirement Summary | Common Visa Types | Waivable? |
| 4001 | Character Test | Must pass the character test (s501). Minister may still grant if no basis to refuse. | All substantive visas | No (Minister may decide not to refuse) |
| 4002 | Security (ASIO) | Must not be assessed by ASIO as a risk to security (s4 ASIO Act 1979). | All substantive visas | No |
| 4003 | Foreign Policy | Must not be determined by Foreign Minister as contrary to Australia's foreign policy interests. | All substantive visas | No |
| 4003B | Critical Technology | Related to critical technology concerns (national security assessment). | Selected visas | No |
| 4004 | Commonwealth Debts | Must not have outstanding debts to the Commonwealth, unless arrangements made for payment. | All substantive visas | Yes – if arrangements made |
| 4005 | Health Requirement | General health requirement – must not have disease/condition causing significant healthcare costs or public health risk. | All substantive visas (offshore) | Yes – Ministerial discretion in some cases |
| 4007 | Health Requirement (Onshore) | Similar to 4005 but applied to onshore applicants. Waiver possible in some circumstances. | Selected onshore visas | Yes – Ministerial discretion |
| 4009 | Family Support / Establishment | Likely to become established without undue difficulty or cost to the community. | Permanent family visas | No |
| 4010 | Likely Establishment in Australia | Likely to become established in Australia without undue personal difficulty or cost. | Long-stay and permanent visas | No |
| 4019 | Values Statement | Applicant has signed an approved Australian values statement (if 18+ at time of application). | Most substantive visas for adults | No |
| 4020 | Bogus Documents | Applicant has not given, and is not using, a bogus document in relation to any visa application. | All substantive visas | No (serious consequences) |
| 4021 | Valid Passport | Applicant holds or has applied for a valid passport, unless unreasonable to expect them to hold one. | Most substantive visas | Yes – exemptions in regulations |
| 5001 | Special Return Criteria | Previously in Australia as a non-citizen and has complied with visa conditions; not overstayed. | Return travellers | No |
| 5002 | Conditions of Stay | Was previously lawfully in Australia on the visa and complied with its conditions. | Selected visas | No |
| Regulation / Section | Topic / Name | Summary | Applies To | Related Sections |
| Reg 1.03 | Definitions | Key definitions including: Aged Parent, Relevant Assessing Authority, Skilled Occupation, Registered Course, Core Skills Income Threshold, Specialist Skills Income Threshold, De facto partner. | All visas | s5, s5CB, s501 |
| Reg 1.05 | Balance of Family Test | A parent satisfies the test if eligible children (in AU) ≥ ineligible children (overseas). Reg 1.05A: dependent definition. | Parent visas (103, 143, 173, 804, 864, 884) | s5, s47 |
| Reg 1.09A | De Facto Partner | Definition of de facto partner and de facto relationship. | Partner visas | s5CB, Reg 2.03A |
| Reg 1.15 | Remaining Relative | Definition of remaining relative for SC 835 visa. | SC 835 | s5 |
| Reg 1.15A | Spouse | Definition of spouse. | Partner visas | s5F |
| Reg 1.15AA | Carer | Definition of carer for SC 836 visa. | SC 836 | s5 |
| Reg 1.15C | Competent English | IELTS 6.0 each band; PTE 50 each; OET; TOEFL; CAE. Must be within 3 years. | Skilled, employer-sponsored, partner (some) | Reg 1.15B, 1.15D |
| Reg 1.20J | Sponsorship Limitation – Partner | Limits sponsorship approvals for partner/prospective marriage visas. | Partner, prospective marriage visas | s140E |
| Reg 2.05 | Conditions Applicable to Visas | Conditions that may be applied to visa grants; s41 conditions. | All visas | s41, Reg 2.05(4) |
| Reg 2.59 | Standard Business Sponsor Criteria | Criteria for approval as a standard business sponsor: lawfully operating, no adverse info, no cost recovery, etc. | 482, 494 | s140E, s140F |
| Reg 2.60W | Income Test – Parent Sponsor | Sponsor must demonstrate taxable income ≥ AUD $83,454.80. | SC 870 | LIN 19/149 |
| Reg 2.72 | Nomination Criteria – 482/494 | Criteria for approval of nominations for SC 482 and 494; genuine position; AMSR; income thresholds. | 482, 494 | s140GB |
| Reg 5.19 | Nomination Approval – 186/187 | Approval of nominated positions for SC 186 and 187 (ENS). | SC 186, 187 | LIN 24/093 |
| s140E Act | Minister to Approve Work & Family Sponsors | Minister must approve both work and family sponsors; framework for sponsorship. | All employer-sponsored; 870 | s140F, 140G |
| s501 Act | Character Test | Comprehensive character test; grounds for refusal/cancellation. | All visas | PIC 4001 |
| s48 Act | s48 Bar – Refusal After Entry | Restricts persons in AU who had visa refusal/cancellation from applying for certain visas onshore. | 189, 190 (not prescribed); 482, 491, 494, 186 (prescribed) | Reg 2.12 |
| Div 1.5 (Regs 1.22–1.27) | Family Violence | Evidence and processes for persons who have suffered family violence in relation to partner/family visas. | Partner visas, family visas | s5(1) |
| Div 2.19 (Regs 2.78–2.87CA) | Sponsorship Obligations | Full set of obligations for standard business sponsors: equivalent terms/conditions, travel costs, record-keeping, reporting, non-discrimination, etc. | All employer-sponsored visas | s140H, s140K |
| Schedule 6D | General Points Test | Points scoring for GSM visas: age, English, experience, qualification, regional study, nomination bonus. | 189, 190, 491 | Reg 2.26AC |
Item / Class
1214A – Class UB
Form
48ME (Internet Application)
Location
Onshore or Offshore
Condition
8503 – No Further Stay (may be waived under compelling/compassionate circumstances per Reg 2.05(4))
🏥 Visa Streams / Pathways
| Stream | Key Requirements |
| Medical Treatment | Applicant seeks medical treatment (not surrogacy) in AU; treatment arrangements finalised; no disease posing public health risk; all costs covered privately. |
| Organ Donor | Applicant donates organ for transplant in AU; recipient may also apply; meets health requirement (PIC 4005); all costs covered privately. |
| Support Person | Provides emotional or other support to someone holding a 602/675/685 visa for medical purposes; must meet health requirement (PIC 4005). |
| Western Province – Papua New Guinea | Applicant is a PNG citizen residing in Western Province; Queensland Dept of Health approved medical evacuation/treatment in a Queensland hospital. |
| Medically Unfit to Depart | Applicant is in AU; turned 50; applied for permanent visa while in AU; appeared to meet all criteria except health; refused; medically unfit to depart. |
| Financial Hardship | Holds a 602/675/685 visa; in AU; financial hardship due to changed circumstances after arrival; cannot leave AU for reasons beyond control; compelling personal reasons to work. |
| Compelling Personal Reasons | In AU; compelling personal reasons for grant; holds 602/675/685 visa; meets PIC 4005 (excluding 4005(1)(c)). |
| Provision | Content / Summary |
| s41(1) | The regulations may provide that visas, or visas of a specified class, are subject to specified conditions. |
| s41(2)(a) | Regulations may provide that a visa is subject to a condition that the holder will not, after entering Australia, be entitled to be granted a substantive visa (other than a protection visa or SC 771 transit visa). |
| s41(2)(b) | Regulations may provide conditions imposing restrictions about work that may be done in Australia: any work; work other than specified work; work of a specified kind. |
| s41(2A) | The Minister may, in prescribed circumstances, by writing, waive a condition of a kind described in s41(2)(a) to which a particular visa is subject. |
| Reg 2.05(4) | Prescribed circumstances for waiver: (a) Since visa was granted, compelling and compassionate circumstances have developed: (i) over which the person had no control; AND (ii) that resulted in a major change to the person's circumstances; AND (b) If Minister has previously refused to waive: circumstances are substantially different; AND (c) The request is made in writing. |
| s46 | Sets out when a visa application is a valid application under the Act (formal validity requirements). |
| Condition 8503 | Standard 'no further stay' condition — holder cannot be granted another substantive visa while in Australia. Can be waived under s41(2A)/Reg 2.05(4). |
| Condition 8534 | Certain holder not entitled to be granted a substantive visa in Australia. Can be waived — see policy 5.1.9. |
| Policy 5.1.9 | Conditions 8503 and 8534 can be waived where compelling and compassionate circumstances per Reg 2.05(4) are demonstrated. Must be in writing; circumstances must be over which person had no control and resulted in a major change. |
| Criteria | SC 500 – Student | SC 590 – Student Guardian |
| Item / Class | 1222 – Class TU | 1222 – Class TU |
| Type | Temporary | Temporary |
| Location | Onshore / Offshore | Onshore / Offshore |
| Form | 157A (Internet) or 157N | 157A (Internet) |
| Fees (AUD) | $2,000 | $2,000 |
| Genuine Applicant (GTE) | Assessed on: applicant's circumstances; immigration history; value of course; parent/guardian status. Direction No. 106 & 108. | Genuine intention to live with the nominating student under 18. Direction No. 106 & 108 apply. |
| English Requirement | Must be tested within last 2 years; OR enrolled in ≥10 weeks ELICOS; OR ≥20 weeks ELICOS. Not required if studied 5+ years in English in AU/Canada/NZ/South Africa/Ireland/UK/USA. LIN 24/022. | IELTS not required for most applicants. |
| Financial Capacity | AUD $29,710 annual living costs + 1 year course fees + travel costs (if course >12 months). LIN 19/198. | Access to genuine funds for living costs during stay. |
| Health Insurance | OSHC required | OSHC required |
| Age Requirement | Minimum 6 years of age (school students) | Must be a parent of the student, OR relative aged over 21 years. |
| Course / Study | CRICOS-registered course. Evidence per LIN 24/109. | Nominee (student) must be under 18 and hold or be applying for SC 500. |
| PIC | 4001, 4002, 4003, 4004, 4010, 4013, 4014, 4020, 4021 | 4001, 4002, 4003, 4004, 4005, 4010, 4013, 4014, 4019, 4020, 4021 |
| Key Pathway | Subclass 485 (Temp Graduate) → then skilled migration or employer-sponsored. | No onward pathway; solely to supervise student under 18. |
⚠️ Condition 8202 — Satisfactory Course Progress
Condition 8202 requires the student to: (a) remain enrolled in a registered course; (b) achieve satisfactory course attendance (generally ≥80%); (c) make satisfactory academic progress. If a student breaches 8202, the provider must report to the Department under the ESOS Act 2000, Standard 8. The Department may then consider cancelling the student visa under s116 (discretion) or s119/s122 (mandatory cancellation grounds).
📋 Key Visa Conditions (SC 500)
- 8105 Work limitation – 48 hrs/fortnight during study periods
- 8202 Satisfactory course progress and attendance (≥80%)
- 8501 Maintain health insurance (OSHC)
- 8516 Notify change of address
- 8517 Notify change of course/provider
- 8532 School-age dependent in full-time education
- 8533 Notify change of contact details
📌 Item 1229 – Class TU (Skilled Provisional) | Fees: Base $4,600 | AAC (≥18): $2,300 | AAC (<18): $1,160 | Location: In or outside Australia
| Criteria | Post-Higher Education Work Stream | Post-Vocational Education Work Stream |
| Age Requirement | Under 50 if holding Hong Kong or BNO passport, OR completed masters/doctoral degree. Otherwise: 35 years or younger. | Generally 35 years or younger. |
| Qualification Requirement | Within 6 months before application: completed DEGREE (bachelor, bachelor honours, graduate diploma, masters, doctoral) that: (a) is registered; (b) ≥16 calendar months; (c) ≥2 academic years; (d) all instruction in English; (e) undertaken in AU on study-authorised visa. | Within 6 months before application: completed ASSOCIATE DEGREE, DIPLOMA, or TRADE QUALIFICATION that: (a) is registered; (b) ≥16 calendar months; (c) ≥2 academic years; (d) all instruction in English; (e) undertaken in AU on study-authorised visa. |
| Skilled Occupation | N/A — no occupation nomination required | Must nominate a skilled occupation (Reg 1.15I). Each qualification must be closely related to the nominated occupation. Skills assessment applied for within 3 years. |
| Skills Assessment | N/A for this stream | Must have applied for skills assessment. Assessment must confirm suitability within 3 years. |
| English Requirement | Competent English (Reg 1.15C): IELTS 6.0 each; PTE 50 each; OET; TOEFL; CAE. Within 3 years. | Competent English – same standards (Reg 1.15C). |
| AFP Check | Australian Federal Police check applied for within 12 months before application. | AFP check applied for within 12 months before application. |
| Visa Duration | Doctoral degree: up to 4 yrs. Masters: 2–3 yrs. Bachelor: 2 yrs. | Generally 18 months – 2 years. |
| 2nd 485 Eligibility | Possible if lived only in regional area for ≥2 years immediately before applying for 2nd visa (LIN 22/022 postcodes). | Same regional condition applies for second 485. |
| Path to PR | Points test migration (189/190/491) or employer sponsorship (482/186/494). | Points test skilled migration or employer sponsorship. |
| Criteria | BVA – SC 010 | BVB – SC 020 | BVC – SC 030 | BVD – SC 040/041 | BVE – SC 050/051 |
| Fees (AUD) | NIL | $190 | NIL | NIL | NIL |
| Purpose | Maintains lawful status while NEW substantive visa application is being processed. Applicant must have held a valid substantive visa when lodging. | Allows lawful stay AND overseas travel while substantive visa or judicial review is pending. Only BV with travel rights. | Allows lawful status when the person did NOT hold a substantive visa at lodgement (unlawful or on previous BV). | Very short-term (5 working days). Allows a person to lodge a substantive visa or make arrangements to depart. | Allows lawful stay for unlawful non-citizens; persons on BVD; judicial review; Ministerial Intervention; seeking protection. |
| Travel Rights | ❌ NO overseas travel — BVA immediately ceases on departure (s42(2)(c)). | ✅ YES – overseas travel and re-entry permitted within Minister-specified period (typically 3–12 months). | ❌ NO overseas travel — BVC ceases immediately on departure. | ❌ NO overseas travel. | ❌ NO overseas travel. |
| Work Rights | Generally same as previous substantive visa. Can apply for work rights on BVA if in financial hardship. | Generally mirrors BVA work rights. | Usually NO work rights initially (Condition 8101). Can apply if in financial hardship. | NO work rights. | Generally no work rights. Very limited for judicial review. |
| Duration | Until decision on substantive visa + 35 days after refusal (unless s1A bar — ceases immediately). | Specific travel period granted; then active until decision on substantive visa. | Until decision on substantive visa + 35 days after refusal. | 5 working days from date of grant. | Case-by-case; weeks to longer depending on circumstances. |
| Application Method | Often AUTOMATICALLY granted when lodging valid onshore substantive visa (Reg 2.20; s78). | SEPARATE application required – Form 1006. | Often AUTOMATICALLY granted when lodging substantive visa without holding substantive visa. | Granted by Department — not applied for by individual. | SEPARATE application required – Form 1004. |
| Key Distinction | Maintains lawful status & existing visa conditions for those already legal. | ONLY bridging visa allowing overseas travel and re-entry. | Provides lawful status for those who overstayed or applied from unlawful status. | Last-resort, very short-term visa. Not renewable. | Often for complex immigration matters: unlawful non-citizens, protection applicants, judicial review. |
| Common Scenarios | Transitioning between visas; student/partner/skills visa being processed. | Need to travel overseas for work/family emergency while application pending. | Refused visa applicant; unlawful stay; applying for new substantive visa after becoming unlawful. | Released from immigration detention; system error preventing lodgement. | Overstayer seeking to regularise status; protection visa applicants; judicial review applicants. |
⏱️ Bridging Visa Validity Triggers — When Does a Bridging Visa Cease?
| Scenario | When Bridging Visa Ceases |
| Substantive visa is GRANTED | On grant of the substantive visa – immediately. |
| Substantive visa REFUSED (standard) | 35 days after the Minister's refusal decision. |
| Substantive visa refused; subclause 1A applies | At the time the Minister makes the refusal decision – ceases IMMEDIATELY. |
| ART refuses review (not remitting to Minister) | 35 days after ART's decision. |
| New bridging visa granted for the SAME substantive application | On grant of the new bridging visa – immediately. |
| Withdrawal of substantive visa or merits review application | 35 days after the withdrawal. |
| Substantive visa held is CANCELLED | On cancellation – immediately. |
| ART REMITS the substantive visa application to the Minister | Continues until the new reconsideration process triggers the relevant event. |
| Judicial review proceedings COMPLETED | 28 days after completion of judicial review proceedings. |
🔖 Key Condition Codes for Bridging Visas
- 8101 No work – prohibits engaging in any work (s41, Reg 4.35)
- 8105 Work limitation – specific work restrictions apply (limited hours or types)
- 8303 No criminal activities while in Australia
- 8501 Maintain adequate health insurance throughout visa period
- 8517 Reporting requirements – must report to Department as directed
⚠️ Key Distinction — TPV (785) vs Permanent Protection (866): TPV (785) is only available to persons INELIGIBLE for 866 — those who: arrived by boat without a visa (UMA); were NOT immigration cleared; or have previously held a TPV, SHEV, or Temporary Humanitarian visa. Permanent Protection (866) is available ONLY to persons who did NOT meet any of the above conditions — arrived legally, were immigration cleared, and have NEVER held TPV/SHEV/UJ/UO visa.
| Criteria | 785 Temp Protection | 866 Protection (Perm) | 200 Refugee | 203 Emerg. Rescue | 204 Woman at Risk | 449 Hum. Stay (Temp) |
| Item / Class | 1403 – XD | 1401 – XA | 1402 – XB | 1402 – XB | 1402 – XB | 1223B – UJ |
| Type | Temporary | Permanent | Permanent | Permanent | Permanent | Temporary |
| Form | 1505 | 1401 | 842 | 842 | 842 | N/A |
| Location | Onshore | Onshore | Offshore | Offshore | Offshore | Offshore |
| Fees (AUD) | $570 | $50 | $570 | Same as 200 | Same as 200 | NIL |
| Core Eligibility | s36(2)(a)/(aa): protection obligations. Must be INELIGIBLE for 866 (UMA or held temporary humanitarian visa). | s36(2)(a)/(aa): protection obligations. Must NOT have arrived by boat without visa; must have been immigration cleared. | Person outside AU subject to persecution in home country. | Person with URGENT compelling need to travel to AU (immediate danger to life). | Woman subject to persecution/discrimination outside home country without government protection. | Applicant displaced from home, unable to return due to grave fear for personal safety. |
| Key Notes | For persons ineligible for 866 (UMA). Conditions include 8503, 8570 (must live/work in specified area). | Full protection visa; permanent residence. Subsumes previous processing under s36. | Requires UNHCR referral or proposal in most cases. | Used primarily for UNHCR emergency referrals. Very few granted each year. | Specifically for women without protection of any government. | No pathway to permanent residence directly; subject to annual cap. |
| Criteria | Business Innovation | Business Innovation Extension | Investor Stream | Significant Investor | Sig. Investor Extension | Entrepreneur Stream |
| Fees – Base VAC | $1,205 + $605 add. | $1,205 + $605 add. | $1,205 + $605 add. | $14,670 + $7,335 add. | $14,670 + $7,335 add. | $6,765 + $3,385 add. |
| Invitation Required | YES – by Minister (via SkillSelect EOI) | N/A – must HOLD 188 BI stream for 3 yrs | YES – by Minister | YES – by Minister | Must HOLD 188 SIS for ≥3 yrs OR held 188 SIE ≤1 time before | YES – by Minister |
| Age Limit | Under 55 OR exceptional economic benefit | — | Under 55 OR exceptional economic benefit | No age limit stated | — | Under 55 OR exceptional economic benefit |
| Points Test | YES – minimum 65 points (LIN 22/083) | — | YES – minimum 65 points | YES – minimum 65 points | — | YES – minimum 65 points |
| Business/Investment Requirement | Substantial interest in qualifying business for ≥2 of 4 fiscal years. Net assets ≥AUD $1,250,000. Turnover ≥AUD $750,000. | Continued operation of main business; maintained ownership and involvement. | ≥1 year direct involvement managing qualifying business. Net eligible investments ≥AUD $2,500,000. | Complying significant investment of ≥AUD $2,500,000. Genuine intention to hold investment for whole visa period. | Investment ≥AUD $5,000,000. Overall successful record of eligible investment. | Proposed business activity; State/Territory determines exceptional economic benefit. |
| Pathway to SC 888 | SC 888 Business Innovation & Investment (Permanent) | SC 888 after qualifying | SC 888 Investor stream | SC 888 Significant Investor stream | SC 888 Significant Investor stream | SC 888 Entrepreneur stream |
✅ SC 888 — Business Innovation & Investment (Permanent): The applicant must: (a) currently hold or have held a SC 188 visa in the relevant stream; (b) have met all conditions of the 188 visa; (c) be nominated by the same or another State/Territory government; (d) demonstrate established qualifying business in AU or maintained qualifying investments; (e) meet health and character requirements. LIN 21/026 applies to SC 888 as well.
Item / Class
1113 – Class BX
Location
Onshore / Offshore
Fees (AUD)
Base: $4,985 | AAC (≥18): $2,495 | AAC (<18): $1,250
Invitation Required
YES – must be invited by the Minister; must apply within the time limit specified in the invitation.
PIC
4001 (Character), 4002 (Security), 4003 (Foreign Policy), 4004 (Debts), 4005 (Health), 4019 (Values Statement), 4020 (Bogus Documents), 4021 (Passport)
🌟 Core Eligibility Requirements
Core Requirement
The applicant must have an INTERNATIONALLY RECOGNISED RECORD OF EXCEPTIONAL AND OUTSTANDING ACHIEVEMENT in: (i) A profession; (ii) A sport; (iii) The arts; OR (iv) Academia and research.
'Internationally Recognised'
Achievement must be recognised internationally — not sufficient to be prominent only within Australia or one country. Recognition must extend across countries/internationally.
'Exceptional and Outstanding'
Achievement must be of an exceptional and outstanding nature — this sets a very high bar. The person must be at the pinnacle of their field internationally.
'Still Prominent'
Applicant must currently be prominent in the area of their achievement — past achievement alone is not sufficient if the person is no longer active or prominent in the field.
'Asset to Australian Community'
The Minister must be satisfied that the applicant would be a genuine asset to Australia — economically, culturally, socially, or in another way relevant to their field of expertise.
Comparison with SC 189
Unlike SC 189, SC 858 does NOT require: points test; EOI via SkillSelect; skills assessment from assessing authority; or a specific occupation list.
✅ No points test. No employer sponsorship. No age limit. No occupation list. Suited for Olympic/World champions, Nobel-level academics, internationally renowned artists, and equivalent.
Item / Class
Item 1238 – Class GT
Location
Onshore / Offshore
English Requirement
FUNCTIONAL ENGLISH (lower than competent English) — capable of communicating in basic English as required for the training.
Approved Sponsor Required
YES — must be an APPROVED WORK SPONSOR (standard business sponsor or approved temporary activities sponsor). Must nominate a program of occupational training under s140GB(1)(b).
📋 Occupational Training Program
The applicant must undertake a GENUINE occupational training program: (a) Workplace-based training to improve skills in current occupation; (b) Training required to obtain registration/licensing in Australia; (c) Training as part of a bilateral/multilateral arrangement between AU and another country; (d) Training for the primary purpose of capacity building in the applicant's home country.
🏢 How to Become an Approved Temporary Activities Sponsor (for 407)
An eligible temporary activities sponsor must be ONE of: An Australian organisation lawfully established and operating in AU (company, body corporate, partnership, non-profit, unincorporated body — NOT sole trader) | Australian Commonwealth, State or Territory government agency | Foreign government agency lawfully operating in AU | International organisation recognised by AU (e.g. United Nations) | Organisation operating a superyacht | Sporting organisation lawfully operating in AU | Religious institution lawfully operating in AU. Sponsor Application Form: 1478 — Fee: AUD $420.
⚠️ SC 407 is specifically designed for OCCUPATIONAL TRAINING — it is NOT a general work visa. The visa holder is not permitted to engage in work outside the specific training program. There is no direct pathway to permanent residence from a 407 visa.
| Criteria | 417 Working Holiday | 462 Work & Holiday | 600 Visitor | 601 ETA | 651 eVisitor |
| Item / Class | 1225 – Class TZ | 1224A – Class US | 1236 – Class FA | 1208A – Class UD | 1218AA – Class TV |
| Type | Temporary | Temporary | Temporary | Temporary | Temporary |
| Fees (AUD) | $670 | $670 | Onshore: $500 / Offshore: $200 / Frequent Traveller: $1,480 | NIL | NIL |
| Age Requirement | Over 18 AND under 35 (some passports: under 30) | Generally 18–35 | No specific age limit | No specific age limit | No specific age limit |
| English Requirement | Not required formally | Functional English (LIN 21/019) | Not required formally | Not required formally | Not required formally |
| 2nd / 3rd Visa Conditions | 2nd: 3 months specified work in regional area. 3rd: 6 months specified work. | 2nd: 3 months specified work. 3rd: 6 months specified work. | N/A | N/A | N/A |
| Specified Work Types | Plant/animal cultivation, fishing/pearling, tree farming/felling, mining, construction in regional AU. | Same concept as 417. | N/A | N/A | N/A |
| Form | Form 1150 (Internet) | Form 1208 (Internet) | Form 48G / 1419 | Australian ETA App | Form 1362 (Internet) |
| Key LINs | LIN 22/051; LIN 22/012 | LIN 21/019 | LIN 21/056 | LIN 22/048 | LIN 16/111 |
| Key Notes | Most popular working holiday visa. 28-day grace period after expiry before 3-year re-entry ban. COVID-19 amendments apply. | Similar to 417 but for bilateral agreement countries. Country-specific caps apply. | Multiple streams: Tourist, Business Visitor, Frequent Traveller, Sponsored Family, ADS (PRC only). | Visa grants via Australian ETA app (iOS/Android). No fee. | For eligible European and other country passport holders. No fee. |
⚠️ 417 Working Holiday — Common Breach Scenarios & Agent Guidance
| Breach Scenario | Key Sections | Key Regulations | Agent Actions / Options |
Visa Expiry Imminent / Already Expired (Most common urgent scenario) |
s13 (Lawful/unlawful), s14 (When unlawful), s15 (Detention), s189 (Mandatory detention), s198 (Removal) |
Reg 2.43A; Ministerial Direction 90 |
BEFORE EXPIRY: Lodge new substantive visa immediately → automatic BVA granted. AFTER EXPIRY: Apply for BVE immediately to regain lawful status. 28-day grace period: Lodge new application within 28 days of expiry to avoid 3-year re-entry ban. |
Breach of Work Condition 8547 (6-month same employer rule) |
s116 (Minister's power to cancel), s109 (Cancellation for non-compliance) |
Reg 2.43A; Ministerial Direction 90 |
Assess extent of breach. Advise on potential consequences: NOICC, visa cancellation, future visa bars. Explore regularisation options. Respond to any NOICC immediately with submissions showing circumstances. |
Breach of Study Condition 8548 (4-month study rule) |
s116 (Cancellation powers), s109 (Cancellation for breach) |
Reg 2.43A; Reg 2.43B; Ministerial Direction 90 |
Investigate study duration and nature of course. If genuinely transitioning to study: advise on Student visa (500) application. Prepare response to any NOICC showing intent and circumstances. |