600 Visitor Visa

The subclass 600 visitor visa allows the visa holder to make short trip(s) to Australia for personal or business reasons. There are several streams under this visitor visa. We will discuss the two streams that are the most commonly applied-for, the tourist stream and sponsored family stream in this article.

How long can I stay for?

It depends. More frequently, subject to grant of the visa, visa holders are allowed to make multiple entries in and out of Australia and stay for a maximum of 3 months on each stay in a 12-month period. This means that whilst you may be granted a visitor visa for 12 months, you cannot stay in Australia for more than 3 months each time you enter and leave the country.

We have encountered cases where visitor visa holders have been allowed to travel back and fro Australia and stay for a maximum of 3 months on each stay in a 4-year period. The visa holder sometimes could also be allowed to stay for a maximum consecutive period of 12 months.

Where the Department of Home Affairs might be hesitant about whether you will be compliant on your visitor visa (i.e. return to your home country before your visa expires), you could be given rights to a single entry into Australia and be allowed to stay for less than 3 months.

Types of visitor visa streams under subclass 600 visitor visa

Like a few other temporary and permanent Australian skilled and business visas, the subclass 600 is made up of multiple streams. You will need to pick one to apply for the subclass visitor visa under.

The 5 streams of visitor visas have their own unique requirements for grant.

1. Tourist stream
2. Sponsored family stream
3. Business visitor stream
4. Frequent traveller stream
5. Approved Destination Status stream

Eligibility: are you a Genuine Temporary Entrant?

What's common to all 5 streams is the requirement to show that the visa applicant is a "genuine temporary entrant". These are some factors that the Department may take into consideration when you make a visitor visa application:

1. Whether you complied with your visa conditions when you last visited Australia (if you have visited)
2. Your assets, family (spouse, partner or dependent children) or employment in home country - this is to assess if you are able to support yourself and whether you have a strong personal incentive to return to your home country
3. Your previous international travel history
4. Your connections to Australia - if most of your close personal connections are based in Australia, you may be assessed as someone who is more likely to be more than a visitor
5. Economic circumstances or disruption in your home country
6. Whether applicants from your home country largely do not comply with visa conditions or overstay
7. Your age - unaccompanied minors will need to include a completed and signed undertaking from their parents, a relative over 21 years old or an organised tour. Applicants over the age of 70 will be required to show evidence of private health insurance (Overseas Visitors Health Cover by Australian providers such as Allianz or non-Australian providers) and may be required to undertake health exams. It is important for you to do your own independent research on which insurance provider is most suited for your circumstances, including whether pre-existing conditions are covered and whether waiting periods apply.

You may be able to apply for this visa if you are intending to tour around Australia, visit your family or partner, study for up to 3 months, buy property, or undertake volunteer work in non-profit organisations.

If you have never visited Australia before, we recommend that you seek professional advice on which stream suits your circumstances best.

Tourist stream

Visitor visas under the tourist stream may be applied for in or outside Australia. A letter of invitation from a friend or family may be included as part of your application, but usually the case officer will put greater focus on other aspects of your evidence.

If you are applying for a visitor visa under the tourist stream from outside Australia, your application will most likely be processed at the nearest Australian visa processing centre. Limited circumstances exist where your local processing centre is overloaded and your application may be transferred to another visa processing centre.

All case officers of the Department of Home Affairs are required to abide by Australian values. If you believe that your application under this stream has been refused unfairly, we recommend that you seek advice from a registered migration agent or lawyer before making another visa application under the same stream.

Sponsored family stream

Visitor visas under the sponsored family stream can only be applied for from outside Australia.

Applicants for this stream need a sponsor who is a "settled" Australian citizen or permanent resident. The visa sponsor is typically expected to have lived in Australia for 2 full years before the date of the visa application.

The sponsor needs to be a "relative" of the visa applicant, OR a relative of another applicant who is a member of the family unit of the applicant, OR a relative of another applicant in relation to whom the applicant is a member of the family unit.

A "relative" is defined under the legislation to mean:

• grandparent, grandchild, aunt, uncle, niece or nephew, or a step-grandparent,
• stepgrandchild, step-aunt, step-uncle, step-niece or step-nephew,
• the spouse or de facto partner
• child, parent, brother or sister
• step-child, step-brother or step-sister

Visa holders under this stream will carry a mandatory 8503 No Further Stay condition. This condition prevents the visa applicant from making any further visa applications when they are in Australia.

This condition can only be waived in limited circumstances. The writer has encountered cases where the visitor visa applicant has had several prior visitor visa refusals under the tourist stream, and later succeeded when the subsequent visitor visa application was made under the sponsored family stream. Please note that this only applies on a case-by-case basis, and it is best to seek advice from a registered migration agent if you are eligible and most suited for an application under this stream.

8503 "No Further Stay" Condition

One of the most commonly imposed condition on a subclass 600 visitor visa is the 8503 condition. The 8503 condition, in essence, prohibits visa holders from applying for most other visas while they remain in Australia.

This condition is not universal across all visas but is commonly applied to various temporary visas, including certain streams of the subclass 600 visitor visa. For instance, it's mandatory for visas in the Sponsored Family stream of the subclass 600. The Australian government implements this condition to maintain the integrity of its immigration system and ensure visitors adhere to the intended purpose of their stay.

For travellers planning extended stays or considering transitioning to other visa types, such as student or work visas, the 8503 condition can be a significant obstacle. It effectively means that once in Australia, options for changing plans or extending stays are severely limited. Visitors must typically leave the country before applying for a different visa type.

However, it's crucial to note that the 8503 condition isn't a blanket ban. In exceptional circumstances, it can be waived. These circumstances must be both compelling and compassionate, developing after the visa was granted and beyond the visa holder's control. Examples might include severe medical conditions, family emergencies, or significant events in the visa holder's home country like natural disasters or civil unrest. We go into further detail about this visa condition in our blog article here.

8501 Maintain health insurance

Occasionally, the department also imposes the 8501 condition on your subclass 600 visitor visa grant. As the term suggests, the "Maintain health insurance" condition requires that you maintain adequate health insurance while you are in Australia. Reciprocal health arrangements may not be adequate.

When planning an extended stay in Australia, it's often more beneficial to obtain Overseas Visitor Health Cover from a local Australian insurance provider rather than relying on your home country's insurance. This is particularly important if you intend to apply for subsequent visas to prolong your stay.

Many international insurance policies have residence requirements that may limit coverage for extended periods abroad. We encountered a case that illustrates this issue:

A client of ours was initially granted a subclass 600 visitor visa and later applied for an aged contributory parent visa in Australia. Unfortunately, in her 15th month in Australia, she developed a serious illness. While she had successfully made claims on her South African health insurance earlier in her stay, the provider refused her claim at this point because she had been out of South Africa for more than six months.

To avoid such situations, it's crucial to carefully review the terms and conditions of any insurance policy you're considering. Pay close attention to any clauses related to extended stays abroad or residency requirements. By doing so, you can ensure you have appropriate coverage throughout your time in Australia, regardless of how long you end up staying.

8101 "No Work" Condition and Remote or Online Work

As a visitor visa holder under either stream, you are subjected to the 8101 condition, which means that you cannot work while you are holding this visa. There is no option to apply for work rights as a visitor visa holder.

If you are doing work remotely for an employer overseas that is incidental to your holiday in Australia, it is generally not a breach of the "no work" condition. For instance, you may be just keeping up to date with your work back home while on your holiday. So long as you can prove that you are not taking a job opportunity away from an Australian in Australia, it is unlikely that you will breach your "no work" condition.

After lodging an offshore partner visa

If you have lodged an offshore partner visa with strong supporting evidence, you may subsequently apply for a visitor visa in order to visit your partner in Australia while your partner visa is being processed. This is especially the case if there is a special occasion, you and your partner have lived together for a significant period of time.

After lodging an onshore partner visa

Lodging an onshore partner visa means that you will need to be onshore at the time of your visa's decision. When you lodge an onshore partner visa while on a substantive visa (such as a student or working holiday visa), you will be given a bridging visa A at the time of lodgement. If you have lodged an onshore partner visa and an urgent need arises for you to visit family outside of Australia (such as in the case of illness), you will need to organise an appropriate visa to return to Australia prior to departing. In the situation where you are holding a bridging visa A as described above, you will need to organise a bridging visa B which includes a travel facility prior to departing. We strongly recommend against departing without arranging for a means to return to Australia beforehand.

Kin Migration offers expert support for visitor visas at any stage, backed by experienced registered migration agents and lawyers. Our extensive experience and deep understanding of immigration law ensure top-quality advice and representation. We recognise the intricacies of visa appeals and are dedicated to guiding you through this complex process with assurance. Whether you're contesting a visa refusal, seeking clarity on your visa status, or exploring other visa possibilities, we commit to championing your immigration goals and working towards a favourable outcome.

The content on this page does not constitute legal or immigration advice. Australian immigration doesn't have to be complex and we can help with your unique circumstances. To seek legal advice or information that is specific to your situation, please contact us.