We are helping people enter Australia during the COVID-19 (coronavirus) travel restrictions by assisting through consultation as well as through preparing and lodging travel exemption applications.
Australian citizens and Permanent residents can now depart Australia without a travel exemption regardless of their vaccination status.
Fully vaccinated visa holders can enter Australia without a travel exemption.
Unvaccinated visa holders will need to apply for and be granted a travel exemption to enter Australia.
Click on the headings below to be taken to the relevant section:
- Travelling to Australia
- From 1 December 2021, fully vaccinated eligible visa holders can now travel to Australia without needing to apply for a travel exemption
- Immediate family member of an Australian citizen or permanent resident
- Travel Exemption Reasons
- Priority Migration Skilled Occupation List (PMSOL)
- Critical Skills
- Compelling or Compassionate Reasons
- Quarantine arrangements
- Travelling from Australia
- Temporary visa holders departing Australia
- Australian citizens and permanent residents departing Australia
- Fully vaccinated with a TGA approved vaccine
- Exemption Application Refused
- How Visa & Citizenship Lawyers can help
- Appeal your refused Decision in Court
- Examples of people we have helped
Travelling to Australia
All fully vaccinated visa holders can travel to Australia without a travel exemption.
People are wanting to travel to Australia for a variety of reasons, such as to be with their partner, family, for work, for a holiday, to study or to live in Australia.
Australian citizens, permanent residents, New Zealand citizens usually resident in Australia and visa holders who are fully vaccinated for international travel purposes can travel to Australia without needing to apply for a travel exemption.
Unvaccinated visa holders will need a travel exemption to enter Australia unless they are automatically exempt.
Automatically exempt categories include:
- an Australian citizen or permanent resident, or
- an immediate family member of an Australian citizen or permanent resident, or
- a New Zealand citizen usually resident in Australia, or
- a person who has been in New Zealand for 14 days or more immediately prior to arrival by air in Australia, or
- a diplomat accredited to Australia, including their immediate family members (each member of the family unit must hold a valid subclass 995 visa), or
- a person transiting Australia for 72 hours or less, or
- airline crew, maritime crew including marine pilots, or
- a person recruited under the Government approved Seasonal Worker Program or Pacific Labour Scheme, or
- a person who holds a Business Innovation and Investment (subclass 188) visa, or
- a person who holds a Temporary Activity (subclass 408) visa in the 'Post COVID-19 Economic Recovery Event' stream and who is supported by the Global Business and Talent Attraction Taskforce, or
- a person invited or sponsored by the Australian Defence Force or the Department of Defence to undertake military activities, or
- a person who has a prescribed status and is seeking to enter Australia on a Special Purpose visa
- a visa holder who is fully vaccinated for international travel purposes (from 21 February 2021)
If you are an unvaccinated visa holder and not in any of the exempt categories listed above, you will need to request an individual travel exemption.
Travel Exemption applications are applied for through 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 (coronavirus).
Immediate family member of an Australian citizen or permanent resident
You may be able to travel to Australia without a travel exemption if you are an immediate family member of an Australian citizen, an Australian permanent resident, a New Zealand citizen who is usually resident in Australia.
The definition of an Immediate Family Member being used by the Australian Border Force includes:
- a spouse;
- a de facto partner;
- a dependent child;
- a parent/legal guardian of a dependent child;
- a parent of an adult Australian citizen or permanent resident.
A person is a spouse if they are married.
There is a 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.
Whether you are the spouse or de facto partner, evidence of the 4 pillars of relationship is also a requirement. The 4 pillars are:
- Financial;
- Household;
- Social;
- Level of commitment.
Visa holders (subclass 100, 309, 801, 820, 101, 102, 445) are exempt and do not need to apply for an exemption.
Prospective marriage visa holders 300 will still need to apply for an exemption.
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
Individual exemptions can be requested by unvaccinated travellers holding any visa type.
The Commissioner of the Australian Border Force (ABF) may consider the following reasons for grant of a travel exemption to enter Australia:
-
- a foreign national 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
- a foreign national whose entry into Australia would be in the national interest, supported by the Australian Government or a state or territory government authority
- providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
- a foreign national with critical skills or working in a critical sector in Australia
- a foreign national sponsored by your employer to work in Australia in an occupation on the Priority Migration Skilled Occupation List (PMSOL)
- a person who resides on a vessel that seeks safe port at the closest appointed port for reprovisioning or safety reasons for a limited duration, supported by the relevant State or Territory government where safe haven is sought
- a student who has been selected to take part in an International Student Arrivals Plan that has been approved by the relevant state or territory government, and endorsed by the Department of Education, Skills and Employment as satisfying the Protocols and Preconditions for International Student Arrivals.
- a student in your final three years of study of a medical university degree, where you have evidence of a confirmed placement in an Australian hospital or medical practice. The placement must commence within the next two months, and provide medical services to the Australian public.
- a higher degree research student enrolled in an Australian education institution (including Masters by research and PhD students) with evidence of a current research grant from a Commonwealth agency or support from a relevant government agency outlining why the research is considered essential and/or in Australia’s national interest and how their role is critical to the research.
- a student completing year 11 and 12, with endorsement from the Department of Education, Skills and Employment (DESE), and support from the relevant state or territory government health and education authorities. Further information regarding this process can be found at the Department of Education, Skills and Employment website.
- a student in the final two years of study of a dental, nursing or allied health profession university degree, where you have evidence of a confirmed placement in an Australian hospital or medical practice which begins within the next two months.
- travelling for compassionate and compelling reasons.
- an unvaccinated Prospective Marriage (subclass 300) visa holder in the following circumstances:where the subclass 300 visa has been granted; and the subclass 300 visa application was lodged at least 12 months before submitting a travel exemption request. This means if you applied for a subclass 300 visa on or before 18 August 2020, and you have now been granted your subclass 300 visa; you are eligible for an inwards travel exemption on 18 August 2021.
You must hold a visa and either be automatically exempt or have a travel exemption before you travel to Australia.
Priority Migration Skilled Occupation List
Priority Migration Skilled Occupation List
The 44 occupations (ANZSCO code) are:
- Chief Executive or Managing Director (111111)
- Construction Project Manager (133111)
- Accountant (General) (221111)
- Management Accountant (221112)
- Taxation Accountant (221113)
- External Auditor (221213)
- Internal Auditor (221214)
- Surveyor (232212)
- Cartographer (232213)
- Other Spatial Scientist (232214)
- Civil Engineer (233211)
- Geotechnical Engineer (233212)
- Structural Engineer (233214)
- Transport Engineer (233215)
- Electrical Engineer (233311)
- Mechanical Engineer (233512)
- Mining Engineer (excluding Petroleum) (233611)
- Petroleum Engineer (233612)
- Medical Laboratory Scientist (234611)
- Veterinarian (234711)
- Hospital Pharmacist (251511)*
- Industrial Pharmacist (251512)*
- Retail Pharmacist (251513)*
- Orthotist or Prosthetist (251912)
- General Practitioner (253111)
- Resident Medical Officer (253112)
- Psychiatrist (253411)
- Medical Practitioners nec (253999)
- Midwife (254111)
- Registered Nurse (Aged Care) (254412)
- Registered Nurse (Critical Care and Emergency) (254415)
- Registered Nurse (Medical) (254418)
- Registered Nurse (Mental Health) (254422)
- Registered Nurse (Perioperative) (254423)
- Registered Nurses nec (254499)
- Multimedia Specialist (261211)
- Analyst Programmer (261311)
- Developer Programmer (261312)
- Software Engineer (261313)
- Software and Applications Programmers nec (261399)
- ICT Security Specialist (262112)
- Social Worker (272511)
- Maintenance Planner (312911)
- Chef (351311)
Critical Skills
- 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;
- with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, aged care, agriculture, primary industry, food production, and the maritime industry);
- delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large scale manufacturing, film, media and television production and emerging technology), where no Australian worker is available;
- providing critical skills in religious or theology fields;
- sponsored by your employer to work in Australia in an occupation on the Priority Migration Skilled Occupation List (PMSOL).
Compelling and Compassionate Reasons
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.
Quarantine Arrangements
Each State and territory is responsible for determining and managing quarantine requirements for people entering from overseas.
Travelling from Australia
Temporary visa holders leaving Australia
Temporary visa holders do not need an exemption to leave Australia. They can leave Australia at any time.
All fully vaccinated visa holders can travel to Australia without a travel exemption. This includes eligible visa holders in Australia seeking to depart and return.
Unvaccinated visa holders seeking to depart and return will still need a valid travel exemption to enter Australia.
- the applicant meets the requirements for an individual exemption from Australia’s Inward Travel Restrictions, and
- they have a strong compassionate or compelling reason to leave Australia supported by relevant documentary evidence, for example:
- attending the funeral of a close family member overseas, visiting a close family member who is seriously or critically ill, or seeking necessary medical treatment not available in Australia, or
- travel is essential for business purposes
Australian citizens and permanent residents leaving Australia
Australian citizens and Permanent residents can now depart Australia regardless of their vaccination status.
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
We have helped many people obtain a travel exemption. We are very familiar with the process and what we need from you to be able to help you.
We offer 5 travel exemption services:
1. Consultation: Travel exemption consultation with an experienced immigration lawyer = $360 (plus GST if applicable).
2. Enter Australia: Consultation AND prepare and lodge application to ENTER Australia = $1,990 (plus GST if applicable) in total including 2 x re-lodgement if required.
3. Enter Australia for vaccinated parent: Consultation AND prepare and lodge application to ENTER Australia for a parent who believes they are fully vaccinated with a TGA approved or recognised vaccine = $990 (plus GST if applicable). Enquire directly for more information about this service.
4. Enter Australia for 300 visa holder where application was lodged more than 12 months ago: Consultation AND prepare and lodge application to ENTER Australia for a 300 visa holder where application was lodged more than 12 months ago = $990 (plus GST if applicable). Enquire directly for more information about this service.
Consultation: This is where we devise a travel exemption plan specific to your circumstances. The consultation will be online (via a video call through Zoom) or in person if you are in Sydney.
The consultation includes:
- A complete assessment of your travel exemption circumstances
- Clearly set out exemption advice and options
- General visa advice if relevant (General visa advice includes information on travelling to Australia on a visitor visa, working holiday visa, student visa or partner visa. Note that if your matter requires advice related to work visas, business visas, post-study work visas, visa/citizenship withdrawals, 600 visitor visa refusal, previously lodged visas, or long-term residency pathway in Australia, the consultation will be $540 plus GST if applicable)
- List of suggested documents for a travel exemption application
- Any other relevant information that you should know with regard to travel exemptions.
The consultation and travel exemption plan will be with one of our experienced immigration lawyers.
The consultation and travel exemption plan is $360 (plus GST if applicable). After the consultation, you will be equipped to know what to prepare to lodge the travel exemption application yourself, or you may then opt for us to work with you on your evidence and prepare and lodge the exemption application from our business account along with our immigration lawyer's submissions setting out why the travel exemption should be granted.
Prepare and lodge your travel exemption application: We prepare and lodge your travel exemption application from our account 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 client’s 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).
Relevant news articles
Our immigration lawyer, Adam Byrnes, has recently featured on TV and newspapers regarding Travel Exemption applications:
Read here three Sydney Morning Herald articles we have featured in:
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 to Australia)
Max is a 34 year old German citizen whose defacto partner lives in Australia. Max’s plans were to move to Australia permanently to live with his partner and eventually get married. 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 lodged a travel exemption application and twice had been refused.
Max engaged Visa & Citizenship Lawyers to prepare and lodge a travel exemption application.
We worked with Max on his evidence of relationship, prepared and lodged a travel exemption application for him which was granted.
*Names and facts have been changed to protect the identity of our clients
Our Services
We have helped hundreds of people obtain a travel exemption. We are very familiar with the process and what we need from you to be able to help you.
We offer 5 travel exemption services:
1. Consultation: Travel exemption consultation with an experienced immigration lawyer = $360 (plus GST if applicable).
2. Enter Australia: Consultation AND prepare and lodge application to ENTER Australia = $1,990 (plus GST if applicable) in total including 2 x re-lodgement if required.
3. Enter Australia for vaccinated parent: Consultation AND prepare and lodge application to ENTER Australia for a parent who believes they are fully vaccinated with a TGA approved or recognised vaccine = $990 (plus GST if applicable). Enquire directly for more information about this service.
4. Enter Australia for 300 visa holder where application was lodged more than 12 months ago: Consultation AND prepare and lodge application to ENTER Australia for a 300 visa holder where application was lodged more than 12 months ago = $990 (plus GST if applicable). Enquire directly for more information about this service.
Exemption Applications For:
Two Partners on a Temporary Visa
A Partner of an Australian citizen or permanent resident
