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.
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.
There are a number of situations in which a Temporary Class TA Visa may be granted, such as:
An individual can seek and apply for a Border visa (subclass 773) in exceptional circumstances if:
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.
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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