# Border > visa-773 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Subclass 773—Border 773.1—Interpretation Note: eligible New Zealand citizen is defined in regulation 1.03. No interpretation provisions specific to this Part. 773.2—Primary criteria Note: All applicants must meet the primary criteria. 773.21—Criteria to be satisfied at time of application 773.211 If the applicant has entered Australia and seeks immigration clearance, the applicant satisfies the criteria in clauses 773.212 to 773.216. 773.212 The applicant does not seek to remain in Australia as a refugee or on humanitarian grounds. 773.213 (1) The applicant is: (a) the spouse or de facto partner of an Australian citizen, Australian permanent resident or an eligible New Zealand citizen; or (b) a person who is apparently eligible for a Return (Residence) visa; or (c) a person who has entered Australia with a visa that has been cancelled on presentation in immigration clearance because the person has breached a condition that the person is not to arrive in Australia before the arrival of another person specified in the visa; or (d) a person who: (i) is a dependent child of: (A) an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or (B) the holder of a visa of a class set out in subclause (2); or (C) the holder of a visa of a class specified in subclause (3); or (D) the holder of a visa of a subclass specified in subclause (4); and (ii) arrives in Australia in the care of a person who is an Australian citizen or the holder of a visa; or (e) a person who: (i) immediately before last departing Australia, held a visa of: (A) a class specified in subclause (3); or (B) a subclass specified in subclause (4); and (ii) departed in circumstances in which it was not reasonably practicable to obtain a visa before departing; and (iii) would, if refused immigration clearance, be prevented from reunion with a close relative of the person in Australia; or (f) a person who: (i) immediately before last departing Australia, held a Student (Temporary) visa; and (ii) departed in circumstances in which it was not reasonably practicable for the person to obtain a visa before departing; or (g) a person who: (i) has entered Australia without a visa that is in effect; and (ii) seeks to remain in Australia on a temporary basis; and (iii) appears to the Minister, from information in the application, to be a person: (A) who is eligible for the grant of a Visitor (Class TV) visa; or (B) who is, apart from the requirements of subitem 1236(5) of Schedule 1, eligible for the grant of a Subclass 600 (Visitor) visa; or (C) who is, apart from the requirements of subitem 1224(3) of Schedule 1 and clause 771.411 of this Schedule, eligible for the grant of a Transit (Temporary) (Class TX) visa; or (D) who is, apart from the requirements of item 1231 of Schedule 1 and clause 400.411 of this Schedule, eligible for the grant of a Subclass 400 (Temporary Work (Short Stay Specialist)) visa. (2) The classes of visa referred to in sub-subparagraph (1)(d)(i)(B) are the following: (a) Spouse (Migrant) (Class BC); (ab) Partner (Migrant) (Class BC); (b) Child (Migrant) (Class AH); (c) Adoption (Migrant) (Class AA); (d) Parent (Migrant) (Class AX); (e) Preferential Relative (Migrant) (Class AY); (f) Skilled—Australian Linked (Migrant) (Class AJ); (g) Labour Agreement (Migrant) (Class AU); (h) Employer Nomination (Migrant) (Class AN); (ha) Employer Nomination (Permanent) (Class EN); (hb) Regional Employer Nomination (Permanent) (Class RN); (j) Distinguished Talent (Migrant) (Class AL); (k) Independent (Migrant) (Class AT); (l) Business Skills (Migrant) (Class AD); (la) Business Skills—Business Talent (Permanent) (Class EA); (lb) Business Skills—Established Business (Residence) (Class BH); (lc) Business Skills (Residence) (Class DF); (ld) Business Skills (Permanent) (Class EC); (n) Special Eligibility (Migrant) (Class AR); (q) General (Residence) (Class AS); (s) Confirmatory (Residence) (Class AK); (t) Special Eligibility (Residence) (Class AO); (u) Refugee and Humanitarian (Migrant) (Class BA); (v) Camp Clearance (Migrant) (Class AF); (w) East Timorese in Portugal (Special Assistance) (Class AM); (x) Citizens of the Former Yugoslavia (Special Assistance) (Class AI); (y) Minorities of Former USSR (Special Assistance) (Class AV); (z) Burmese in Burma (Special Assistance) (Class AB); (za) Sudanese (Special Assistance) (Class BD); (zb) Burmese in Thailand (Special Assistance) (Class AC); (zc) Cambodian (Special Assistance) (Class AE); (zd) Return (Residence) (Class BB); (zf) protection visas (including Protection (Class AZ) visas, see subsection 35A(5) of the Act); (zg) Territorial Asylum (Residence) (Class BE); (zga) Designated Parent (Migrant) (Class BY); (zgb) Designated Parent (Residence) (Class BZ); (zh) Skilled – Independent (Migrant) (Class BN); (zi) Skilled – Australian-sponsored (Migrant) (Class BQ); (zj) Other Family (Migrant) (Class BO); (zk) Aged Parent (Residence) (Class BP); (zl) Partner (Residence) (Class BS); (zm) Child (Residence) (Class BT); (zn) Other Family (Residence) (Class BU); (zo) Skilled—New Zealand Citizen (Residence) (Class DB); (zp) Skilled—Independent Overseas Student (Residence) (Class DD); (zq) Skilled—Australian-sponsored Overseas Student (Residence) (Class DE); (zr) Contributory Parent (Migrant) (Class CA); (zs) Contributory Aged Parent (Residence) (Class DG); (zt) Skilled—Designated Area-sponsored (Residence) (Class CC); (zu) Skilled (Residence) (Class VB); (zv) Skilled (Migrant) (Class VE); (zw) Skilled—Independent (Permanent) (Class SI); (zx) Skilled—Nominated (Permanent) (Class SN); (zy) National Innovation (Class BX). (3) The classes of visa referred to in sub-subparagraphs (1)(d)(i)(C) and (1)(e)(i)(A) are the following: (a) Business (Temporary) (Class TB); (aa) Business Skills (Provisional) (Class UR); (ab) Business Skills (Provisional) (Class EB); (c) Diplomatic (Temporary) (Class TF); (f) Expatriate (Temporary) (Class TJ); (g) Family Relationship (Temporary) (Class TL); (ga) Graduate—Skilled (Temporary) (Class UQ); (gb) Interdependency (Provisional) (Class UG); (h) Interdependency (Temporary) (Class TM); (i) Medical Practitioner (Temporary) (Class UE); (ia) New Zealand Citizen Family Relationship (Temporary) (Class UP); (j) Retirement (Temporary) (Class TQ); (ja) Spouse (Provisional) (Class UF); (jb) Partner (Provisional) (Class UF); (k) Supported Dependant (Temporary) (Class TW); (l) Working Holiday (Temporary) (Class TZ); (m) Contributory Parent (Temporary) (Class UT); (n) Contributory Aged Parent (Temporary) (Class UU); (o) Skilled—Designated Area-sponsored (Provisional) (Class UZ); (p) Skilled—Independent Regional (Provisional) (Class UX); (q) Skilled (Provisional) (Class VC); (r) Skilled (Provisional) (Class VF); (s) Skilled—Regional Sponsored (Provisional) (Class SP); (sa) Skilled Employer Sponsored Regional (Provisional) (Class PE); (sb) Skilled Work Regional (Provisional) (Class PS); (t) Temporary Work (Long Stay Activity) (Class GB); (u) Training and Research (Class GC); (ua) Temporary Work (International Relations) (Class GD); (v) Temporary Work (Entertainment) (Class GE); (w) Special Program (Temporary) (Class TE). (4) The subclasses of visa referred to in sub-subparagraphs (1)(d)(i)(D) and (1)(e)(i)(B) are the following: (a) Subclass 303 (Emergency (Temporary Visa Applicant)); (aa) Subclass 407 (Training); (ab) Subclass 408 (Temporary Activity); (b) Subclass 457 (Temporary Work (Skilled)); (ba) Subclass 482 (Skills in Demand). (c) Subclass 482 (Temporary Skill Shortage). 773.214 In the case of an application by an applicant other than a person referred to in paragraph 773.213(1)(c), the Minister is satisfied that: (a) there are compelling reasons for granting a Subclass 773 visa to the applicant; and (b) the presence of the applicant in Australia would not be contrary to Australia’s interests; and (c) the applicant has a good reason for not being the holder of a visa. 773.215 In the case of an application by an applicant referred to in paragraph 773.213(1)(c), the Minister is satisfied, on the basis of a written statement by the applicant, that: (a) the applicant has reasonable grounds for having failed to comply with the condition; and (b) there are compelling reasons for allowing the applicant to leave the place of immigration clearance with the permission of the clearance officer; and (c) the specified person referred to in that paragraph will arrive in Australia within 30 days of the applicant being allowed to leave the place of immigration clearance with the permission of the clearance officer. 773.216 (1) Subject to subclause (2), if the applicant is an applicant referred to in paragraph 773.213(1)(e), (f) or (g), the application is not made within 5 years of the grant of a previous Subclass 773 visa that was granted to the applicant on the basis of the applicant being a person of that kind. (2) Subclause (1) does not apply to an applicant: (a) if the applicant is a passenger on a vessel that has entered Australia because of matters beyond the control of the person in charge of the vessel; or (b) if: (i) there are compelling reasons for the grant of the visa to the applicant; and (ii) the presence of the applicant in Australia would not be contrary to the interests of Australia; and (iii) the applicant has a good reason for not being the holder of a visa. 773.217 If the application is made in Australia after immigration clearance, the applicant is the holder of a Subclass 773 visa that was granted to the holder as a person referred to in paragraph 773.213(1)(d). 773.22—Criteria to be satisfied at time of decision 773.221 If the application is made in Australia and the applicant seeks immigration clearance, the applicant continues to satisfy the criteria in clauses 773.212 to 773.216. 773.222 The applicant satisfies: (a) public interest criteria 4001, 4002, 4003, 4004, 4005 and 4012; and (b) if the applicant is not a person described in sub-subparagraph 773.213(1)(d)(i)(A) or (B)—public interest criteria 4013 and 4014. 773.223 If the application is made in Australia and the applicant seeks immigration clearance, and has previously been in Australia, the applicant satisfies special return criteria 5001 and 5002. 773.224 If the application is made in Australia after immigration clearance: (a) the Subclass 773 visa held by the applicant was granted subject to the satisfaction of a requirement or condition before the expiry of a period specified in the visa and that requirement has not been satisfied; and (b) the applicant establishes that it was not possible to satisfy the requirement or condition before expiry of the period; and (c) the Minister is satisfied that it would be unreasonable to require the person to leave Australia. 773.225 (1) If the applicant is a Foreign Affairs student or a Foreign Affairs recipient, the applicant has the support of the Foreign Minister for the grant of the visa. (2) The Minister may waive the requirements of subclause (1) if the Minister is satisfied that, in the particular case, waiver is justified by: (a) compelling circumstances that affect the interests of Australia; or (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. 773.226 If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant. 773.3—Secondary criteria: Nil. Note: All applicants must satisfy the primary criteria. 773.4—Circumstances applicable to grant 773.411 When visa is granted, the applicant must be: (a) in Australia and in immigration clearance; or (b) in Australia after immigration clearance. 773.5—When visa is in effect 773.511 Temporary visa: (a) either: (i) coming into effect on grant; or (ii) providing that if: (A) the applicant holds another substantive visa, other than: (I) a Special Purpose visa; or (II) a Subclass 988 (Maritime Crew) visa; that is in effect at the date of grant; and (B) the other substantive visa ceases during the period beginning at the grant of this visa and ending at the end of the period specified in this visa; this visa comes into effect when the other substantive visa ceases; and (b) permitting the holder to remain in Australia for a period specified by the Minister, not exceeding 30 days from the date of grant. Note: If, when the other substantive visa ceases, the period from the grant of this visa to the time the other substantive visa ceases exceeds the period specified in this visa, this visa will not come into effect. 773.512 If the visa holder holds another substantive visa at the date of grant and that substantive visa is cancelled, this visa is in effect for a period that ends when the other substantive visa is cancelled. 773.6—Conditions 773.611 Conditions applicable to the visa for which the applicant is apparently eligible.