Travelling in and out of Australia During Covid-19

Covid-19 changed who can travel in and out of Australia. This blog will explain the current rules as to who can enter and leave Australia.

Who can leave Australia?

I am an Australian citizen or a permanent resident?

There is a current restriction on Australians leaving Australia. You cannot travel unless you:

1. have an exemption
2. travelling to New Zealand under the New Zealand travel bubble
3. Ordinarily resident overseas
4. Are an airline, maritime crew or associated safety worker/ working in an offshore facility in Australian waters or in an official government business
5. involved in day-to-day conduct of inbound and outbound freight.

How can I qualify for an exemption to leave Australia?

The grounds under which you can apply for an exemption to travel outside/depart Australia are to travel for the following reasons- you only need one reason from the below:

• Part of the response of the Covid-19 outbreak
• For business/employer
• To receive urgent medical treatment not available in Australia
• For a compelling reason for 3 months+
• On compassionate or humanitarian grounds
• In the national interest

What evidence do I need to apply for an exemption?

It is very important to provide the right evidence to support your exemption application from the start. If you do not have sufficient evidence, the request can be finalized without giving you a chance to give more documents.

Evidence can include:

• passport/s
• marriage certificate/s
• birth certificate/s
• death certificate/s
• proof of relationship (for example, shared tenancy agreement, joint bank account etc.)*
• proof that you are moving to another country on a long term basis such as leases, job offers and evidence your goods are being transported
• proof of your current valid visa, including in Australia and/or overseas
• letter from a doctor or hospital about any medical treatment/condition with statements on why travel is necessary
• letter from your employer, or other evidence that you are travelling for a business reason
• statement or evidence to show when you wish to return to Australia
• any other proof you may have to support your claims.
• If for travelling for 3 months+ you will need a statutory declaration as to why your proposed travel is for a compelling reason and why it is essential for you to travel now along with other evidence such as:
• confirmed flight itinerary, with return date of at least three months after departure date
• confirmation of leave from employment for three months
• enrolment confirmation for study
• a doctor’s certificate to support your claim you are travelling in order to provide care for sick family members
• any other matter you wish to raise in support of your request for exemption.

Tips

• You must provide sufficient documents and evidence to support your request.
• You should apply for exemption at least 2 weeks before your travel plan but not more than 2 months
• Only one request per person- multiple requests will delay assessment
• Processing time to finalize travel exemption requests to leave Australia is 48 hours but can take longer for complex requests
• If your request is denied cancel your travel plans; You cannot travel without an exemption.
• If you get an exemption, you should take evidence of your exemption decision to the airport.

I am a temporary visa holder

If you are a temporary visa holder or a New Zealand citizen with a special category visa (Subclass 444), you can leave without an exemption.

BUT you will have problems re-entering Australia unless you have an exemption. You should apply for an exemption to re-enter before you leave and you will need to show:

• That you meet the requirements for an individual exemption from Australia’s inward travel restrictions; and
• Strong compassionate or compelling reason to leave Australia support by relevant documentary evidence such as:
• to attend a funeral, visit a close family member or is seriously or critically ill or seek necessary medical treatment not available in Australia; or
• Travel is essential for business purposes

Department of Home Affairs deal with the visa and ABF deal with exemptions of entering and leaving Australia.

Who can enter/come to Australia?

The borders to Australia are currently closed. You can lodge a visa application from offshore but generally it will only be processed after the Australian Border Force exemptions are granted.

You can enter Australia if you are:

• An Australian citizen/holder of a permanent residency visa
• Immediate family member of an Australian citizen/PR and only currently include spouse, children and legal guardians
• New Zealand citizen usually resident in Australia and their family members
• A person who has been in NZ for at least 14 days or more prior to arriving by air in Australia under the new Australia-NZ travel bubble (must ensure that you have a valid visa to enter Australia)
• Diplomats, transiting in Australia for 72 hours or less, airline and maritime crews
• Business innovation and investment 188 visa holders.

Alternatively, you can apply for an individual exemption through the commissioner of the Australian Border Force under limited grounds:

• Travelling for compassionate and compelling reasons such as death or critical illness or a close family member
• critical skills/ working in a critical sector in Australia- must provide evidence of current employment in Australia
• sponsored in an occupation on the Priority Migration Skilled Occupation List (PMSOL)
• at the invitation of the government for Covid-19 response
• in the national interest
• providing critical/ specialist medical services
• some students (year 11 & 12 or in the final 2 years of study in a medical field with a placement in an Australian hospital or medical practice in the next two months)
• military personnel/vessels

Do I still need a visa to Australia?

Yes. Meeting one of the above grounds/for exemptions does not replace the requirements to have a valid visa to enter Australia. You can apply for an exemption without having a visa but you cannot travel to Australia without both a valid visa and an exemption.

What should the request include?

• Traveller details: name, date of birth, visa type and number, passport number, proposed residential address and phone number in Australia
• Reasons for coming: why you should be granted an exemption
• Supporting statement: how you meet one of the above grounds for exemption in a statutory declaration format
• accompanying evidence such as:
• proof of identity
• evidence that you hold a valid visa
• travel itinerary
• marriage, birth, death certificate/s
• proof of relationship or residence (such as a shared tenancy agreement, joint bank account etc.)
• letter from a doctor or hospital, indicating why travel is necessary
• letter from an employer indicating why travel is necessary
• supporting letter from a business or government agency, advising why your skills are critical

What are the critical skills/critical sectors that allow for an individual travel exemption to Australia?

• Not for junior/graduate roles. Will need an explanation as to what would happen if the employee cannot enter Australia- can the work be done remotely, will there be repercussions?
• In Australia’s National interest- not defined but there is a focus a focus on the economy
• travelling at the invitation of the Australian Government to assist in the COVID-19 response
• providing critical or specialist medical services
• 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)

Priority Migration Skilled Occupation List- PMSOL

​​​​The Priority Migration Skilled Occupation List (PMSOL) has 18 occupations focusing on filling the critical skills needs to support Australia’s economic recovery from COVID-19. Employer sponsored nominations and work visa applications with an occupation below will receive priority processing and you can apply for an individual travel exemption request to enter Australia under:

The 18 occupations (ANZSCO code) are:

• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Mechanical Engineer (233512)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioner 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)
• Developer Programmer (261312)
• Software Engineer (261313)
• Social Worker (272511)
• Maintenance Planner (312911)

 Tips

• You must provide sufficient documents and evidence to support your request.
• Travel exemption to Australia request is different from a visa application.
• You must have a visa and an individual travel exemption to come to Australia if you are not an Australian citizen/PR or qualify from the above otherwise.
• You should apply for exemption at least 2 weeks before your travel plan but not more than 2 months
• Only one request per person- multiple requests will delay assessment
• If your request is denied cancel your travel plans; You cannot travel without an exemption.
• If you get an exemption, you should take evidence of your exemption decision to the airport.

Ban to India

On 27 April 2021, the Australian government placed a ban on travel to and from India with Australia pausing all direct flights from India following escalating numbers of Covid-19 cases.  This is a temporary ban that is set to be lifted for limited flights from 15 May 2021.

Need Help?

If you require assistance with any migration law query for Australia, feel free to contact our office on contact@crossoverlaw.com.au or book a 15 minutes obligation free consultation.

DISCLAIMER: Immigration law is complex and is subject to constant regulatory and policy change by the Australian government.  The information provided above is a general guide only and does not constitute legal advice. If you require legal advice please get in touch with our office.