The Visitor (Subclass 600) (Visitor) visa is a temporary visa for individuals wishing to travel to Australia for a holiday, visit family, or undertake short-term business purposes. The Visitor visa is typically granted with a 12-month travel validity and multiple entries, allowing a maximum stay of up to 3 months per entry. However, in certain circumstances, it is possible to request a longer stay period.
What circumstances may lead to a longer stay period?
Parents
Partners
Business Visitors
Investors
Service Sellers
A Visitor visa in the Business Visitor stream may also be appropriate for ‘service sellers’, not based in Australia. This includes representatives of service supplier of countries where a Free Trade Agreement applies and who are:
- requesting an initial stay period of up to 6 months;
- visiting Australia temporarily to negotiate for the sale of services or enter into agreements to sell services on behalf of their service supplier (but will not be making direct sales to the public or supplying services themselves); and
- not remunerated by an overseas business for undertaking work that could be carried out by an Australian citizen or permanent resident.
Onshore Tourist stream applications
Sponsored family applicants
What happens if your cumulative stay period is going to be more than 12 months?
If the cumulative stay period will exceed 12 consecutive months, exceptional circumstances must exist for the grant of the visa. While this term is not defined in legislation, the Department of Home Affairs (Department) generally interprets it to include:
- a significant and unanticipated change in personal or family circumstances that is beyond your control and extraordinary in nature; or
- a need to remain in Australia to support a close family member (e.g. spouse, parent, child, or sibling) who is critically ill, seriously injured, or has passed away.
If such cases, you will need to provide supporting documentation such as a doctor’s letter outlining the severity of the illness, evidence of your relationship to the individual, and why your presence is needed in Australia.
Note that for these longer stay period applications, an applicant may be required to:
- provide police clearances for all countries (including Australia) where they’ve lived for more than 12 months in the past 10 years;
- undertake health examinations to meet the health requirement;
- demonstrate a genuine intention to stay temporarily in Australia and comply with visa conditions; and
- show evidence of sufficient funds to support temselves in Australia (noting that no work is allowed on a Visitor visa).
What are the visa conditions that may apply?
The Visitor visa may be subject to the following conditions:
- 8101 – You must not engage in any work while in Australia.
- 8115 – You must not undertake work in Australia except for business visitor activities (typically applies to applicants under the Business Visitor stream).
- 8201 – You must not engage in any studies or training in Australia for more than 3 months.
- 8501 – You must maintain adequate health insurance while in Australia. A declaration is generally sufficient to confirm that adequate health insurance will be maintained.
- 8503 – You will not after entering Australia be granted a substantive visa other than a protection visa while in Australia.
- 8558 – You must not stay in Australia for more than 12 months in any 18-month period. This condition is typically imposed to prevent long-term stays and maintain the temporary nature of the visa. While this condition cannot be waived, it does not prevent future visa applications.
Conclusion
While the standard Visitor visa allows for a 3-month stay per entry, a continuous 12-month stay is possible in limited situations. If you are considering applying for a long-stay Visitor visa or your circumstances do not neatly fit into any of the above categories, we recommend getting in touch with our experienced team for tailored advice. Contact us by email at [email protected] or by phone at +61 3 9016 0484.
