We are currently helping people to depart or enter Australia during the COVID-19 (novel coronavirus) travel restrictions by preparing and lodging travel exemption applications.
Australian citizens or Permanent residents cannot leave Australia unless you are exempt.
People will need an exemption to enter Australia unless they are an Australian citizen or permanent resident, an immediate family member of an Australian citizen or permanent resident or are a New Zealand citizen usually resident in Australia.
Travelling to Australia
People are wanting to travel to Australia for a variety of reasons, such as to be with their partner, family, for work or to live in Australia.
As mentioned above, people will need an exemption to enter Australia unless they are an Australian citizen or permanent resident, an immediate family member of an Australian citizen or permanent resident, a New Zealand citizen usually resident in Australia, a traveller transiting Australia for 72 hours or less, an airline crew or a maritime crew.
Exemption applications are applied for to the Australian Border Force (ABF) Commissioner and must be applied for and granted before you travel to Australia.
The travel restrictions have been put in place to help protect Australia from the current global pandemic COVID-19 (novel coronavirus).
People who are able to travel to Australia during this time are required to quarantine for 14 days and you may be required to pay for the cost of quarantine.
Immediate family member
The definition of an Immediate Family Member being used by the Australian Border Force includes a spouse, de facto partner, dependent child, legal guardian.
A person is a spouse if they are married.
There is an additional 12 month living together requirement to meet the definition of de facto. The Department of Home Affairs website states that the 12 month living together requirement can be overcome by providing evidence of a registered relationship or explaining the compelling and compassionate circumstances why the exemption should be granted.
For comprehensive information about evidence of your relationship that you can use to strengthen your travel exemption application, check out our partner visa page.
Travel Exemption Reasons
The Commissioner of the Australian Border Force (ABF) may consider the following reasons for grant of an exemption to travel to Australia:
- a non-citizen travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response
- providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
- a non-citizen with critical skills or working in a critical sector in Australia
- a non-citizen whose entry would otherwise be in the national interest, supported by the Australian Government or a state or territory government authority
- military personnel, including those who form part of the Status of Forces Agreement, Commonwealth Armed Forces, Asia Pacific Forces and Status of Armed Forces Agreement
- travelling for compassionate and compelling reasons.
Travelling from Australia
Temporary visa holders leaving Australia
Temporary visa holders do not need an exemption to leave Australia. They can leave at any time, as long as border restrictions in their home country allow them to return.
Temporary visa holders should be aware that if they wish to return to Australia while COVID-19 restrictions are in place, they will generally need a travel exemption.
Australians and permanent residents leaving Australia
People are wanting to leave Australia for a variety of reasons, such as to be with their partner, family, for work or to live overseas.
As mentioned above, Australian citizens or permanent residents cannot leave Australia unless you are exempt.
Exemption applications are applied for to the Australian Border Force (ABF) Commissioner and must be applied for and granted before you can leave Australia.
The travel restrictions have been put in place to help protect Australia from the current global pandemic COVID-19 (novel coronavirus).
Reasons that you can be granted a travel exemption to leave Australia:
- your travel is as part of the response to the COVID-19 outbreak, including the provision of aid;
- your travel is essential for the conduct of critical industries and business (including export and import industries);
- you are travelling outside Australia for three months or longer
- you are travelling to receive urgent medical treatment that is not available in Australia;
- you are travelling on urgent and unavoidable personal business;
- you are travelling on compassionate or humanitarian grounds;
- your travel is in the national interest.
You are exempt (do not need to apply for exemption) if you are:
- *Ordinarily resident in a country other than Australia;
- An airline, maritime crew or associated safety worker;
- Engaged in the day-to-day conduct of outbound freight;
- Associated with essential work at Australian offshore facilities;
- Travelling on official government business, including members of the Australian Defence Force.
The Department of Home Affairs have published the following information about the current travel restrictions which can be found here.
*Ordinarily resident
You are considered ordinarily resident in a country other than Australia if international movement records show that you’ve spent more time outside Australia than inside for the last 12 to 24 months. You do not need to carry a paper record of your movements with you. If required, Australian Border Force officers at airports can check your movement records in their systems.
If you do not think you need a travel exemption, you can present this evidence when you check-in at the airport. However, if you have any doubt about whether your circumstances fall within the definition of ordinarily resident, we recommend you lodge a request for assessment at least two weeks prior to your intended departure.
Compassionate or Compelling Reasons
There is an exemption available for compelling or compassionate reasons.
From the Department of Home Affairs website, compassionate and compelling reasons include, but are not limited to, needing to travel due to the death or critical illness of a close family member.
The person assessing the application will be using their discretion when making a decision on your application.
It is very important to ensure that your strongest application is put forward to give you the best chance of convincing the decision maker to use their discretion in your favour. This is where we can help you as we are experienced with submission writing.
Exemption Application Refused
Many exemption applications are being refused.
The physical exemption application is a simple process however many people are receiving refusals because they are not putting forward their strongest application.
Putting forward your strongest application requires a carefully thought out plan of action, compiling and presenting the evidence. This is where we can help you as we are experienced with visa, citizenship and travel exemption applications.
How Visa & Citizenship Lawyers can help
To date we have helped well over 100 people with exemption application enquiries. We are very familiar with the process and what we need from you to be able to help you.
The first step: Book in for our Travel Exemption Application Consultation for $540 (plus GST if applicable).
The second step: We prepare and lodge your travel exemption application from our account:
- To depart Australia $990 (plus GST if applicable) in total including 2 x re-lodgement if required.
- To enter Australia $1,290 in total including 2 x re-lodgement if required
Travel Exemption Application Consultation for $540 (plus GST if applicable)
This is an express service where you can book in with our immigation lawyer Adam Byrnes where he will review any information that you would like to provide and you will be able to ask any questions that you have during a consultation.
Your circumstances will be assessed and you will be provided written legal advice following the consultation including tips on how best to prepare a travel exemption application. The consultation will be online (via video call through Zoom) or in person if you are in Sydney.
Up to one hour of our immigration lawyer's time will be allowed for including the consultation and written advice.
Consultations are available between the hours of:
- Monday 12pm– 7pm
- Tuesday 10am – 7pm
- Wednesday 12pm – 7pm
- Thursday 10am – 7pm
- Friday 12pm – 7pm
Prepare and Lodge your Exemption Application
We offer the service of preparing and lodging your travel exemption application to ensure that your strongest application is submitted. We have had clients come to us with multiple refusals before engaging our services where we have been able to obtain an exemption for them.
As part of this service, we create a tailored strategy that clearly demonstrates your need to travel. This may include:
- Detailed suggestions of recommended evidence based on your situation;
- Working with you to provide personal statements that address compelling or compassionate reasons;
- Collating evidence to comply with the strict requirements of the Australian Border Force (ABF);
- Our own written submissions that highlight your need to travel;
- Prioritising your matter so that you can be where you need to be, as soon as possible.
We have had success having some of our clients exemption applications escalated in the processing queue when there was an important reason why it should be escalated (this may be possible for you based on your circumstances).
Our professional fees to prepare and lodge your exemption application are:
- Travel Exemption Application Consultation for $540 (plus GST if applicable) and either of the following two options:
- To depart Australia $990 (plus GST if applicable) in total including 2 x re-lodgement if required; or
- To enter Australia $1,290 in total including 2 x re-lodgement if required.
Contact us for your Travel Exemption Application Consultation for us to assess whether you have a reasonable chance and tips on how to best prepare for an exemption application.
Appeal your Refused Decision in Court
If you have had multiple travel exemption refusals, there may be available to you the option to appeal the refusal decision in Court. Contact us for an initial travel exemption consultation if you would like to discuss Court appeal options.
Below are examples of how we have helped our clients get an exemption.
Example 1* (Travelling from Australia)
Sue is an Australian citizen who received the unfortunate news that her mother living in the USA was terminally ill and had been given the prognosis of only a few weeks left to live. Sue applied for an exemption application to depart Australia so that she could see her mother again and to be with the extended family during this very challenging time.
Sue’s exemption application was refused.
Sue engaged Visa & Citizenship Lawyers to prepare and lodge a 2nd exemption application.
We asked Sue a number of questions to get the full understanding of her circumstances and then guided her to gather evidence so that we could put forward stronger compassionate reasons.
We worked with Sue to finalise all the evidence and along with our own submissions, we lodged a 2nd exemption application which was granted in a matter of days.
Example 2* (Travelling to Australia)
Max is a 75 year old New Zealand citizen who has his son and grandchildren living in Australia. Max’s plans were to move to Australia permanently to live with his son and grandchildren. Max had taken measures to move to Australia including selling his house in New Zealand, purchasing a house in Australia, sending to Australia all of his belongings (including his cat and dog!).
Max twice lodge an exemption application and twice had been refused.
Max engaged Visa & Citizenship Lawyers to prepare and lodge an exemption application.
We asked Max a few questions that were “outside the usual box” of thinking and with that information we suggested that Max and his family members gather specific evidence which we then used in a new application and Max was granted the exemption he was after.
*Names and facts have been changed to protect the identity of our clients
Exemption Applications For:
Two Partners on a Temporary Visa
A Partner of an Australian citizen or permanent resident
