Subclass 600 Visitor Visa applications are usually lodged by those who are not eligible for Subclass 601 Electronic Travel Authority or Subclass 651 eVisitor, or those seeking extended periods of stay in Australia beyond the periods allowed by the Subclass 601 or 651 visas.
A Subclass 600 visa has the following streams:
Subclass 600 visas are always subject to the following criteria. Therefore, you must ensure that you can satisfy said criteria with evidence before you decide to lodge the application.
- Genuine Temporary Entry Criterion
Clause 600.211 in Schedule 2 of the Migration Regulations 1994 contains the ‘genuine temporary entry criterion’. It is a requirement that the applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted. The Genuine Temporary Entry criterion is part of the Common Criteria, meaning that regardless of which stream your visa comes under, all Subclass 600 visitor visa applicants must satisfy this criterion.
Considerations:
When considering whether the applicant has a genuine intention to stay temporarily in Australia, the decision maker will consider the following:
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- Whether the applicant has complied substantially with the conditions of their previous visa;
- Whether the applicant intends to comply with the conditions of the Subclass 600 visa; and
- Any other relevant matters.
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1.1 Compliance with Previous Visa
If the applicant has not complied with their previous visa conditions, the decision-maker can consider:
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- The seriousness of the non-compliance;
- How recently it occurred; and
- Whether there were circumstances beyond the applicant’s control that resulted in the non-compliance. In the case of Gomez Calvo (Migration) [2022] AATA 2407, COVID-19 was considered as an example of a circumstance beyond the applicant’s control.
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1.2 Intention to Comply with Conditions
To determine whether the applicant intends to comply with the conditions of a Subclass 600 visa, the decision-maker will consider:
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- If there is any adverse information or allegations against the applicant or their contacts in Australia;
- How the applicant will support themselves without the need to work in Australia;
- Any evidence to suggest that the applicant intends to study for more than 3 months;
- If there is a risk that the applicant may work during their stay, for example:
- If the applicant’s contact in Australia is associated with a business in the same industry as the applicant’s usual employment; and
- If the applicant previously held a visa with work rights and is seeking to extend their stay in Australia to find a new employer or employment sponsorship.
- Other factors depending on the applicant’s individual circumstances.
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1.3 Other Relevant Matters
The decision-maker may consider any other relevant matters, which may include:
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- The applicant’s employment and financial circumstances;
- The economic situation in the applicant’s home country or usual country of residence (such as employment opportunities, unemployment rates, salary rates, and living conditions);
- Social unrest or conflict in the applicant’s home country or usual country of residence;
- The applicant’s incentive to return home;
- The applicant’s ties to Australia and incentives to remain in Australia;
- The credibility and consistency of the information provided by an applicant;
- Offers of support provided by family and friends in Australia which may substantiate reasons for travel;
- Whether there are any compelling or compassionate reasons to travel;
- Whether the applicant holds another visa, intends to lodge another visa application, or has already lodges an application for another visa;
- The purpose of the applicant’s visit to Australia, including the proposed duration and intended activities; and
- The total length of time an applicant has already spent in Australia on temporary visas and whether the applicant genuinely intends to stay temporarily in Australia.
- Other relevant factors depending on the applicant’s individual circumstances.
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1.3.1 Time Spent in Australia:
One of the most significant considerations is time already spent in Australia.
The total length of time an applicant has spent in Australia on temporary visas is particularly relevant where an applicant has already spent considerable time in Australia, and likely intends to resume or maintain these arrangements.
If you have spent a significant amount of time in Australia already, the decision-maker may be concerned that you intend to stay in Australia on a long-term rather than temporary basis.
In these circumstances, applicants can provide additional information to show their ties to their home country and demonstrate that they are intending to visit temporarily.
1.3.2 Incentive to Return Home:
The applicant’s incentive to return home is a significant considering in deciding whether they are a genuine temporary entrant.
If an applicant is able to demonstrate that they have a strong incentive to leave Australia at the end of their visit, they are far more likely to satisfy the genuine temporary entry criterion.
An incentive to return home can include employment, assets such as property, family members, particularly dependents and sick or elderly relatives, and cultural or community ties.
2. Minimum Requisite Documents
To ensure that you meet the genuine temporary entry criterion, you will as a bare minimum need to provide the following information and documents in your application:
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- Evidence of funds to support your visa to Australia.
- This can be your own funds, or evidence of financial support from another person. If you have adequate funds, there is considered to be a lower risk that you will intend to work in Australia.
- Recent bank statements showing your regular income.
- Your employment contract showing that you are employed in your home country.
- Demonstrating that you have continuing employment in your home country will indicate that you intend to stay in Australia temporarily.
- A reference letter from your employer confirming your employment.
- Evidence of any assets you have in your home country, particularly any property owned.
- Details of any family members residing in your home country.
- Details of any cultural or community ties to your home country.
- For example, this could include any religious or sporting organisations you are a member of.
- Details and evidence of the purpose of your visit.
- Specifically, any details demonstrating that your visit will be temporary, such as an intention to visit for a particular event.
- Any compelling reasons for your visit, for example, if you are visiting a family member who is unwell.
- Any other information that demonstrates your intention to visit Australia temporarily, rather than permanently.
- Evidence of funds to support your visa to Australia.
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