Subclass 600 — Visitor

600.1—Interpretation

Note 1: For business visitor activity: see regulation 1.03. Note 2: There are no interpretation provisions specific to this Part.

600.2—Primary criteria

Note: The primary criteria for the grant of a Subclass 600 visa include criteria set out in streams. If an applicant applies for a Subclass 600 visa in the Tourist stream, the criteria in Subdivisions 600.21 and 600.22 are the primary criteria for the grant of the visa. If an applicant applies for a Subclass 600 visa in the Sponsored Family stream, the criteria in Subdivisions 600.21 and 600.23 are the primary criteria. If an applicant applies for a Subclass 600 visa in the Business Visitor stream, the criteria in Subdivisions 600.21 and 600.24 are the primary criteria. If an applicant applies for a Subclass 600 visa in the Approved Destination Status stream, the criteria in Subdivisions 600.21 and 600.25 are the primary criteria. If an applicant applies for a Subclass 600 visa in the Frequent Traveller stream, the criteria in Subdivisions 600.21 and 600.26 are the primary criteria. The primary criteria must be satisfied by all applicants. All criteria must be satisfied at the time a decision is made on the application.

600.21—Common criteria

Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 600 visa.

600.211

The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:

(a) whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and

(b) whether the applicant intends to comply with the conditions to which the Subclass 600 visa would be subject; and

(c) any other relevant matter.

600.212

The applicant has:

(a) adequate means to support himself or herself; or

(b) access to adequate means to support himself or herself;

during the period of the applicant’s intended stay in Australia.

600.213

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4011, 4013, 4014, 4020 and 4021.

(2) If the applicant has not turned 18, the applicant also satisfies public interest criteria 4012, 4017 and 4018.

600.214

The applicant satisfies special return criteria 5001, 5002 and 5010.

600.215

(1) If subclause (2) applies—exceptional circumstances exist for the grant of the visa.

(2) This subclause applies if the grant of the visa would result in the applicant being authorised to stay in Australia as the holder of one or more of the following visas for a total period of more than 12 consecutive months:

(a) one or more visitor visas;

(b) a Subclass 417 (Working Holiday) visa;

(c) a Subclass 462 (Work and Holiday) visa;

(d) a bridging visa.

600.22—Criteria for Tourist stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Tourist stream.

600.221

The applicant intends to visit Australia, or remain in Australia:

(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or

(b) for any other purpose that is not related to business or medical treatment.

600.222

If the applicant:

(a) is in Australia; and

(b) holds a student visa, or has been the holder of a student visa since last entering Australia;

the visa is not sought for the purpose of commencing, continuing or completing a registered course in which the applicant is enrolled.

600.223

(1) If the applicant was in Australia at the time of application, and held a substantive temporary visa, the visa was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream.

(2) If the applicant was in Australia at the time of application, and did not hold a substantive visa:

(a) the last substantive visa the applicant held was not a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; and

(b) the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005.

600.224

(1) Subclauses (2) to (4) apply if:

(a) an applicant intends to visit Australia, or remain in Australia to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; and

(b) the Minister has required the applicant, and each other applicant who is a member of the applicant’s family unit, or in relation to whom the applicant is a member of the family unit, to be sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:

(i) a relative of the applicant; or

(ii) a relative of another applicant who is a member of the family unit of the applicant; or

(iii) a relative of another applicant in relation to whom the applicant is a member of the family unit.

(2) The applicant is sponsored as required by the Minister.

(3) The sponsorship has been approved by the Minister and is still in force.

(4) If the applicant is not a relative of the sponsor, a Subclass 600 visa in the Tourist stream has been granted to another person who is:

(a) a relative of the sponsor; and

(b) sponsored by the sponsor in relation to the applicant’s visit.

600.225

(1) Subclause (2) applies if:

(a) the Minister has required the applicant to be sponsored as described in paragraph 600.224(1)(b); and

(b) the applicant is sponsored as required by the Minister; and

(c) the sponsorship has been approved by the Minister and is still in force; and

(d) an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security.

(2) The security has been lodged.

600.23—Criteria for Sponsored Family stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Sponsored Family stream.

600.231

The applicant intends to visit Australia:

(a) to visit an Australian citizen, or Australian permanent resident, who is a parent, spouse, de facto partner, child, brother or sister of the applicant; or

(b) for any other purpose that is not related to business or medical treatment.

600.232

(1) One of subclauses (2) to (4) applies.

(2) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who is at least 18 and:

(a) a relative of the applicant; or

(b) a relative of another applicant who is a member of the family unit of the applicant; or

(c) a relative of another applicant in relation to whom the applicant is a member of the family unit.

(3) The applicant is sponsored by a settled Australian citizen, or a settled Australian permanent resident, who:

(a) is a member of the Commonwealth Parliament or a State Parliament; or

(b) is a member of the Legislative Assembly of the Australian Capital Territory or the Northern Territory; or

(c) holds the office of mayor.

(4) The applicant is sponsored by a Commonwealth government agency or instrumentality or a State or Territory government agency or instrumentality.

600.233

If subclause 600.232(2) applies, and if the applicant is not a relative of the sponsor, a Subclass 600 visa in the Sponsored Family stream has been granted to another person who is:

(a) a relative of the sponsor; and

(b) sponsored by the sponsor in relation to the applicant’s visit.

600.234

The sponsorship described in subclause 600.232(2), (3) or (4) has been approved by the Minister and is still in force.

600.235

If an officer authorised under section 269 of the Act (which deals with security for compliance with the Act) has asked for the lodgement of a security, the security has been lodged.

600.24—Criteria for Business Visitor stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Business Visitor stream.

600.241

The applicant intends to visit Australia to engage in a business visitor activity.

600.242

The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

600.25—Criteria for Approved Destination Status stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Approved Destination Status stream.

600.251

(1) The applicant is a citizen of PRC.

(2) The applicant is resident in an area of PRC specified by the Minister in an instrument in writing for this subclause.

600.252

The applicant intends to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for item 3 of the table in subitem 1236(6) of Schedule 1.

600.253

The applicant intends to travel to Australia for the purpose of sightseeing and related activities.

600.254

A statement of the travel and touring arrangements has been provided to the Minister.

600.26—Criteria for Frequent Traveller stream

Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 600 visa in the Frequent Traveller stream.

600.261

The applicant intends to visit Australia:

(a) as a tourist; or

(b) to engage in a business visitor activity.

600.262

The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.

600.3—Secondary criteria

Note: There are no secondary criteria for this Part. The primary criteria must be satisfied by all applicants.

600.4—Circumstances applicable to grant

600.411

If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.

600.412

If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

600.413

An applicant for a Subclass 600 visa in the Approved Destination Status stream must be in PRC at the time of grant.

600.5—When visa is in effect

600.511

(1) If the visa:

(a) is granted to an applicant in Australia; and

(b) does not specify that it permits the holder to travel to and enter Australia;

temporary visa permitting the holder to remain in Australia for a period, or until a date, specified by the Minister.

(2) If the visa:

(a) is granted to an applicant in Australia; and

(b) specifies that it permits the holder to travel to and enter Australia;

temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.

600.512

(1) If the visa is granted to an applicant outside Australia, temporary visa permitting the holder to travel to, and enter, Australia on one or more occasions, as specified by the Minister, until a date specified by the Minister and to remain in Australia, after each entry, for a period, or until a date, specified by the Minister.

(2) Despite subclause (1), if the applicant satisfied the primary criteria for the grant of a Subclass 600 visa in the Frequent Traveller stream, temporary visa permitting the holder:

(a) to travel to and enter Australia on multiple occasions until a date specified by the Minister (which must not be more than 10 years after the date of grant of the visa); and

(b) to remain in Australia, after each entry, for 3 months.

600.513

Despite clauses 600.511 and 600.512, if:

(a) the visa is granted to an applicant on the basis of a deemed application under regulation 2.07AA; and

(b) the applicant already holds a substantive visa that is in effect at the time of grant;

the Subclass 600 visa comes into effect when the other substantive visa ceases to be in effect. Note: If the visa period of the Subclass 600 visa ends before the other substantive visa ceases, the Subclass 600 visa never comes into effect.

600.6—Conditions

600.611

(1) Subclauses (2) to (4) apply if the visa is a Subclass 600 visa in the Tourist stream.

(2) If the sponsorship described in clause 600.224 has been approved by the Minister, conditions 8101, 8201, 8503, and 8531 must be imposed.

(3) If the applicant was not sponsored in accordance with clause 600.224, and subclause (4) does not apply:

(a) conditions 8101 and 8201 must be imposed; and

(b) conditions 8501, 8503 and 8558 may be imposed.

(4) If:

(a) the applicant is suffering financial hardship as a result of changes in the applicant’s circumstances after entering Australia; and

(b) the applicant, or a member of the applicant’s immediate family, is likely to become a charge on the Commonwealth, a State, a Territory or a public authority in Australia; and

(c) for reasons beyond the applicant’s control, the applicant, or a member of the applicant’s immediate family, cannot leave Australia; and

(d) the applicant has compelling personal reasons to work in Australia;

condition 8201 must be imposed and condition 8503 may be imposed.

600.612

If the visa is a Subclass 600 visa in the Sponsored Family stream, conditions 8101, 8201, 8503, and 8531 must be imposed.

600.613

If the visa is a Subclass 600 visa in the Business Visitor stream:

(a) conditions 8115 and 8201 must be imposed; and

(b) condition 8503 may be imposed.

600.614

If the visa is a Subclass 600 visa in the Approved Destination Status stream, conditions 8101, 8207, 8503 and 8530 must be imposed.

600.615

If the visa is a Subclass 600 visa in the Frequent Traveller stream, conditions 8115, 8201, 8503, 8516, 8527, 8531, 8572, 8573 and 8609 must be imposed.