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Subclass 773 Border Visa

In some instances, individuals may find themselves in unforeseen circumstances where they are in Australia and unable to obtain the appropriate visa for their stay. The subclass 773 Border Visa can be used during these exceptional circumstances, and is often a saviour for those who arrive into Australia without a visa, or for individuals whose visa gets cancelled in immigration clearance.

How does a Subclass 773 Border Visa Work

There is no specific route or process to apply for this visa. One cannot apply for this visa on their own if they are in Australia or are an unlawful non-citizen.

One cannot apply for the Border visa subclass 773 until they are in Australia and have failed their immigration clearance or had another visa cancelled. In such a situation, the border officer will assess your case, confirm your eligibility and then allow you to apply for the visa. Once this visa has been granted the applicant can immediately apply for another more substantic visa to prolong their stay in Australia.

It is important to note that granting this visa is at the discreption of the immigration officer handling your case, and that officers are not under any obligation to inform you of this visa option. This visa should not be part of your plan to gain entry into Australia, and is only used in exceptional circumstances.

Situation Where One Can Be Granted a Border (Temporary) Class TA Visa

There are a number of situations in which a Temporary Class TA Visa may be granted, such as:

  • A foreign citizen is en route to a destination that requires multiple layovers and connecting flights. If there is some form of travel distruption or delay that causes the individual to be in Australia for longer than originally planned, the immigration officers of the respective country may choose to inform the traveller of the temporary border visa providing the applicant is eligible based on the visa conditions and requirements.
  • An individual is attempted to board a flight to Australia and is being refused due to a lack of valid visa. The individual may still proceed with their journey if the merits of their case allow for a cover under the subclass 773 visa. The applicant’s eligibility to satisfy the criteria for the grant of this visa cannot be determined by the aircraft staff or the Department of Immigration. However, in an exceptionally compelling situation, the Border Operations Centre (BOC) may instruct the airlines to allow the traveller to embark on the flight even if they do not hold a valid visa for travel to Australia.

An individual can seek and apply for a Border visa (subclass 773) in exceptional circumstances if:

  • The applicant is eligible for a Subclass 808 Confirmatory (Residence) visa;
  • The applicant is a dependent child of an Australian citizen or a permanent resident or an eligible NZ citizen;
  • The applicant is a dependent child, and their parents hold a Skilled Employer-Sponsored Regional Class PE Subclass 494 visa;
  • There is an exigency or family emergency;
  • The applicant has an Australian resident partner or spouse who can sponsor them for a Partner visa; or
  • The applicant is a permanent resident, but their visa has just expired at the immigration clearance;
  • An individual will not be eligible for a Border (Temporary) visa (subclass 773) if the intention is to ensure on-arrival protection (subclass 886) claim for refugee status.

Other Conditions for a Subclass 773 Visa

It is important to be noted that Border (Temporary) visa subclass 773 is not a substitute for any other visa in normal circumstances. The visa category has been framed as a contingency plan for extrenuating circumstances.The conditions governing eligibility and grant of this visa differ on a case to case basis. One can not apply or be allowed under this visa subclass to Australia if they simply fail to obtain a visa before their travel.

Under section 42 of the Australia Migration Act, all non-Australia citizens traveling to Australia are required to hold a valid Australian visa except in certain specified circumstances, which have more specifically been described in subsection 42(2), (2A) and (3) as exceptions. These exceptions allow Australia to support the universal visa requirement by creating a visa class in immigration clearance for individuals who land themselves in very tricky and limited situations, and such a situation warrants their immigration clearance /visa approval on the grounds of a compelling reason.

An applicant can not be granted a Border (Temporary) visa subclass 773 if they have been granted this visa in the last five years, for the same reason as has been cited now, unless the flight or vessel they are traveling in, have been diverted to Australia for some reason, or the applicant is a child dependant on an Australian resident.

One must be able to provide a legitimate explanation with respect to the need for a subclass 773 visa and be able to explain accurately why they were forced to travel to Australia without a valid visa, and the reasons concerned must be compelling enough.

On being granted a Border visa (subclass 773), the applicant should duly apply for an eligible substantive visa. If the applicant leaves Australia, the Border visa shall cease to be valid. The subclass 773 border visa is a one-time single stay visa and cannot be extended or applied again while you are in the country.

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The details shared are exclusive but not exhaustive, and one must go through and comply with all the detailed requirements before making an application.

Immigration laws in Australia can be quite complex; the assistance of an experienced consultant or agent is paramount to successful outcome. Let E-Help make it easy for you by taking out the stress and hassles involved.

Contact us or book a consultation online to speak to our immigration agents, who will help you out with your questions and concerns.We recommend you fill out our information form for ready reference and contact us for any form of guidance or assistance regarding your eligibility or your application. Contact us today to get started with the evaluation of your eligibility!

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