I am currently on a 491 visa. I am after some advice on completing a travel exemption application please to enter Australia from a trip overseas. I believe if my occupation is on the priority list and/or I work in a critical industry, I might be able to obtain an exemption. I am a permanent full time employee in a finance occupation in the retail health food and food manufacturing industry.
I would also seeing my family based overseas for the first time in 3 years who includes my elderly parents and wanting to attend a family member’s wedding.
In relation to your information below can you further clarify? Yes temp residents can exit Australia but if they wish to return then they need to apply for an exemption in the first place to leave.
“If you neither have Australian citizenship nor hold a permanent residence visa for Australia (you are present in Australia as a temporary resident or without any visa at all), then there should be no difficulty for you simply to go to the airport to exit Australia. No travel exemption should be required for you”
My hubby is a foreigner but is here waiting for a partner application to process therefore it makes him a temporary resident. If he wants to go back to his home country he still needs to apply for an exemption if he wishes to return. Coming back in should not be a problem as he would be classed as my immediate family. Why do they make temp visa holders apply for an exemption? I can not see the reasoning in it.
We are looking to apply for a travel exemption to leave australia. We want to relocate to Romania as my husband needs to take care of his ill and elderly father. We are currently selling all our assets to have financial means of supporting ourselves while there. We are located in perth. Is this something you could help us with?
My situation is that my dad got really bad and now he is in the intensive care unit. I got the doctor document to prove exemption. But my concern is if i will be able to come back by January.
Hi Nilesh, I am an immediate family member of an Australian citizen, and I am on a 820 visa (provisional partner visa). On the Australian government website it says that I don’t need to apply for a travel exemption to enter Australia. At the same time, being this a temporary visa, I believe I would also not need to apply for an exemption to leave. This is not crystal clear, are you able to confirm if I am indeed able to leave and return without having to apply for a travel exemption? Thank you in advance for your answer.
Hi Team
As I have been applying for travel exemption from Australia to India and an inward travel but unfortunately rejected 5 times.
As I have been providing every document on the portal but still don’t know which category I am lacking from. Kindly advice me the solution for this.
Hi Nilesh,
My partner and I are getting married this December after 4 attempts due to covid. He is a dual uk/ Australian citizen and we desperately are trying to get his parents here to attend the wedding. We got a glimmer of hope when ScoMo said he was opening borders in December and quickly booked them on a flight. It now turns out it’s only for Australian citizens. Do we have any hope of getting an exemption?
Hi Nilesh
My partner and I have been living in a defacto relationship since late 2019. We both have criminal records. His visa expired in December 2020.
Due to the long lock down periods my work and income was cut in half. Supporting both of us on minimal income left no money to save for a partnership visa.
Now that my work has resumed we can start to save. Considering our crimal records and his current visa status, is it worth even attempting to apply now?
Hi, I am on 489 visa and I have applied for 887. My father has a history of hypertension and has a stroke recently. Can I get an inward exemption so that I can return to Australia.
If I am not allowed to return will I be granted pr offshore?.
I am an Australian citizen looking to leave Australia to live with my partner in Germany. The distance is causing us a lot of emotional stress and we just want to be able to start our lives together like normal people. We were planning on getting married in November, I have the intent to marry certificate which I attached in my travel exemption request but it was sadly denied. I also signed a stat dec stating my reasons and plan to not return to Australia for at least 3 months. Can you please help me. I can’t begin to describe the pain and frustration this is causing me and my partner.
I am trying to apply for an exemption for my de-facto partner/fiancee to enter Australia. She already has a visa and I have provided them with substantial amounts of evidence that prove the legitimacy of our ongoing relationship but they continually refuse to grant her an exemption. I do not know what else to provide to them.
Dear Sir, thank you so much for useful information. I am from Sri Lanka who is holding dual citizenship, I would like to leave Australia for more than 12 months, with one way air ticket. Do i have to apply for an exemption ?
I’m an Australian citizen and up until Covid our business has relied on us travelling to Europe at least twice a year to buy antiques. Since Covid hit we’ve had to rely on paying people I France Belgium and England to do the buying and sending of containers but we now find it’s time to oversee it ourselves .
How much do you charge to apply and what information would you require for a positive quick outcome ?
I would like to know if you can help my daughter who is in dubai with an exemption for her husband two small kids to enter Melbourne my daughter is on student visa studying masters in clinical nursing at Monash university she is studying online but had defer as she could not enter to do placement now she got exemption to enter Melbourne but her husband two small children not got it can you help please my no is 0466134562
I have an approved travel exemption dated August 2020 which I didn’t end up using. In the permit wording, it states I do not need to reapply if my travel dates change and I have t received any other correspondence since stating otherwise. On the Home Affairs portal however, it says exemptions are valid for 3 months only. Would my exemption still be valid because I have it in writing I don’t need to reapply? I think the rules around validity changed around Feb this year. Can these new rules be applied retrospectively to my exemption? I’ve tried calling Home Affairs about this but they were not very helpful and only knew about the 3 month validity rule.
Thanks for any clarification you may have on this.
Hi Nilesh,
I am a Australian PR holder. I want to travel to India in November 2021 for my own wedding which is on hold from past 2 year. If I delay any longer it could jeopardize my relationship. I want to travel for more than 3 months. Is there any possibilities to get exemption?
I am a permanent resident of Australia and residing here, my PR visa is electronically connected to my Canadian passport which i have used to enter Australia every time i came back from overseas when i was traveling for work pre covid. I also have a UK passport. Can I not just leave Australia on my UK passport with out an exemption?
Hi Dear, my i m NZ citizen,, I planned to move Australia with my family, but my got visitor of Australia which is going to expire on 24/09/21. But unfortunately there is no flight till 25/09/21. Our flight were cancelled twice before in August due to COVID 19. Please tell me what can i do , can’t i get exemption for one day to travel in Australia ?
Thanks
I am a Canadian citizen with a dual citizen 7 year old and husband Australia citizen. We have no work or accommodation here in Australia. Trying to go to Canadian permanently. I have work there. My exemption has been denied 2 times.
I think I can assist you in making submissions in relation to why you meet the current requirements in order to obtain an exemption. If you would like to discuss how I could help and the approach I would take in relation to a third application for exemption then please book in a time to have a chat with me.
Hello!
I am from Poland and I have been holding my student visa for almost a year now, I got my vaccination certificate recently and I am curious if there are any chances to get travel exemption on compassionate and compelling grounds? I read an article about an Indian student that got it after 5th time she applied. Thank you for any assistance in advance 😊
Hi Nilesh. We’ve just found out my niece who is overseas has a tumor in her brain. My family would like to apply for an exemption to exit Australia. My husband and I are AU PR and my 2 young children are dual citizens of Au and Singapore.
My sister has separated from her ex husband and my parents are of old age. We need to be there to support them whilst my family follows me as they’re reliant on me.
I am an Australian citizen with current passport (dual citizenship with Costa Rica and current CR passport holder also). My parents live in Costa Rica and my father (86) has been diagnosed with Covid-19, in hospital in a respiratory unit but currently stable. My mother is 83. I want to apply for immediate travel home to Costa Rica to look after my mum who is living alone, and also care for my father if he survives and is discharged from hospital. Due to family and work commitments my siblings cannot guarantee being able to provide the level of care and attention required by this situation. I would have an airline ticket with 6-month travel period. I am fully vaccinated with AZ. I have permission from my employer to take leave without pay for the 6 months. I can prove funds to support myself during this time, and hold credit cards as well. I am asking for letter from the hospital and doctors detailing my father’s condition. How long is current processing time for applications? What is your view of my potential for successful application for exemption to travel?
My grandmother is terminally ill in Zimbabwe. I had been living with her and taking care of her for the past year. I however had to travel to Australia this year because my wife is pregant and she has to give birth here. I left my brother with my grandmother but we agreed that he will be there till November after the birth of the child here in Australia. I would then come.back and take over the care since it was allowed to.leave Australia if you were usually resident in anothere country when we arrived here. How can i apply and what are my chances?
Dear Nilesh, My boss returned to Australia for the first time in 13 years following a family bereavement. She is now preparing to return to her husband and children in Europe, where she is domiciled, via her business HQ in the US.
We did not foresee any problems as she is not living in Australia and has no property or claim here. She has dual citizenship – Australian and Irish. We applied for an exemption for her to leave using the Irish passport. It was refused.
This has confused us as guidelines suggest foreign nationals do not need exemptions or can use the Commonwealth Statutory Declaration. We went one further by making an official application and it has backfired! It was refused.
Question: Do we need to reapply or can we fill out the CSD, with witnesses, and exit Australia as long as we have attendant proofs?
I am a dual citizen of both United Kingdom and Australia I want to depart Australia to the UK for longer than 3 months due to own health reasons would this be compelling grounds?
I’m not sure if I understand what your “own health reasons” means.
“Can I get treatment in Australia?” is the first question that I would ask myself if I was in your particular circumstances.
This would give me some clarity as to whether or not the reason was indeed compelling.
The second question I would ask myself is whether or not I had enough evidence to show that I was in fact genuinely intending to go for an extended period of time.
Based on the information you have provided I do not believe you will be successful.
This is Sandeep. Currently iam on 482 Visa. It’s been close to 2.5 Years that I have seen my single Parent in India ( Old Mother who is 57 years age). She is alone and struggling with B. P and also mental health issues. Can I get travel exemption on returning to Australia.
My partner is a dual national (AU and NZ) and entered AU on his NZ passport during the bubble since he has never had an AU passport. I wonder if he can leave AU without the exemption by being considered under subclass 444 if he use his NZ passport when he leaves AU OR somehow Australian gov finds he is an Australian even though he used the NZ passport to enter Australia, so he needs to apply for the exemption.
Provided you do not to provide any false and misleading information to the Department including ABF, I would simply try and exit on the passport that your partner entered Australia with.
If exit is denied then you will then of course have an option of making an application for exemption and this will be granted to you if you meet the relevant guidelines.
My father was diagnosed with a 70% blocked artery and the doctor have advised surgery to place a stent to ease the block. Our daughter was born in Australia in 2020 and she hasn’t had the opportunity to meet her grandparents yet. We want to travel to India for the surgery so that he has an opportunity to spend some time with our daughter before the surgery. We have got permissions from our employers and are prepared to stay back and work from India for 3-5 months.
Would this be considered under compassionate reasons?
Stenting in relation to a blocked artery lost understandably stressful is not a particularly complicated surgery even though it relates to the heart and things can certainly go wrong.
It does not render your father critically-ill and I think that there would be difficult to you soon obtaining a visa based on the circumstances alone.
What you need to really focus on is the financial hardship and the emotional hardship aspects of any claims you wish to make that your circumstances are compelling.
In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.
Even assuming that your mother has a long-term visa the problem is that she is looking to travel from India into Australia and she herself is quite healthy there is no issue in relation to attending any funeral as the death took place in June. Accordingly I did not rate your chances as strong.
My name is Wasim and currently in Australia on a PR, i am currently employed with an employer back in India, can i apply for a travel exemption to go back to India as I am working with an Indian employer..
Hi nilesh
My brother holds a section 48 bar.
He holds a bridging “A”.
Can he leave Australia with a bridging “b” to apply for 491? If he doesn’t leave after getting bridging B will his bridging A cancel.?
Or if he leaves and since there os no guarantee that he can come after lodging the application , can he enter after the 491 has been granted? Or does he have to be on shore when the visa is being granted?
Could you please advise ?
Yes he can leave Australia with a bridging visa B in order to lodge in offshore application for a subclass 491.
Your second question is very interesting one and I will attempt to answer it here her over you should seek out specific legal advice before taking any action on this question.
The bridging visa B when wanted allows exit and reentry with an a finite time. The grant of the bridging visa B does not affect the bridging visa A.
When the bridging visa B is granted You Will still hold the bridging visa A.
The bridging visa a will continue until either 28 days or 35 days after a final decision is made in relation to the substantive visa that was applied for and on the basis of which the bridging visa A was initially granted.
If no travel is completed with the bridging visa B then the bridging visa A will continue.
It is the act of exiting Australia that would extinguish the bridging visa A prematurely.
Now in relation to your third question, assuming he does exist on a bridging visa B and he is unable to obtain a travel exemption to re-enter Australia within the finite period prescribed by the bridging visa B grant, and he is then granted a substantive visa which is capable of being granted overseas either by default or by virtue of some concession granted because of the covid-19 pandemic, then there would be no issue for him to re-enter on that new substantive visa, subjective course to any travel restrictions imposed by border force.
Hi..I currently have a Bridging Visa. And I have a section 48 bar. I have to exit Australia to apply for 491 visa. Can I get an exemption to enter Australia from Pakistan?
Hi Nicolas
Thank you very much for your patience in waiting for a response to your question.
It it’s been a very difficult time particularly with an escalation in active cases of covid-19 in the last week here in Australia.
I apologize for the delay in responding to your post.
My fees depend on the time and effort taken from my side in relation to making any application.
The fixed fee depends on the quality of the material provided to me, the speed at which is provided and the ability to communicate simply and effectively with the party that is instructing me.
In order to understand each of these features in any single set of instructions I have created a quick 10 minute chat service where a discussion can be had in relation to your case and the work that would be required in order to achieve a reasonable outcome in all of the circumstances.
I’m Australian citizen living in Sydney, currently, I’m looking for a way to travel to Perth for my appointment in USA consulate.
I’ve been offered a permanent full time job from our branch in USA and my company is transferring me to America, I’m going to leave Australia permanently.
I’m extremely nervous as If I can’t make it, this could have irreversible consequences both for me and my company, I cannot lose the job because of the current circumstances of mine.
Could you please let me know whether there is anyway for me to travel to Perth?
I’ve been also fully vaccinated by Pfizer.
Thanks a lot for your time for reading this.
I will look forward to hearing from you.
I would like to know what are the chances of obtaining an exemption to enter Australia. I hold a 485 visa which expires in April 2022, and for some family-related issues had to leave Australia in November 2020. I studied engineering (in Perth) which is considered as a critical skill for exemption.
Hi
i have all paperwork and applied for eed to go to my fam in the philippines after being seperated for 1.5 years. Just been denied today, can u see a way for me to get to my fam..?
I am residence here for 39 years and married in the phils since 5.5 years.
Please email me if there is a possibility
Regards
Gerd Schmid
Hi nilesh.
I’m from pakistan. I got Australia student visa for studying Masters of global public health and i’ m a registered dentist in pakistan. If i get vaccinated and then apply for exemption so Could u plz tell me that i will get exemption to travel to Australia or not??
Hi nilesh.
I’m from pakistan. I got Australia student visa for studying Masters of global public health and i’ m a registered dentist in pakistan. If i get vaccinated and then apply for exemption so Could u plz tell me that i will get exemption to travel to Australia or not??
I am Venkat. I am holding a 489 temporary visa. I work in Malaysia for the last 10 years. Due to COVID-19, I stranded in India. I would like to enter Australia with my family. I have sufficient funds to survive in Australia for 2 years at least. Would you mind to guide me on getting travel exemption, please?
Just wanted to know if my sister is eligible for travel ban exemption. She lives with our guardian but unfortunately our guardian passed away and now my sister is alone. Im worried about her well being. I wanted her to come to Australia.She already got a student visa granted.
My self Divyesh and currently i stuck in india with my wife. and i have 485 temporary visa and my wife have also 485 visa. we want to apply travel exemption to enter Australia. I ARRANGE JOB OFFER LETTER FROM WAREHOUSE AS A LF OPERATOR AND DELIEVERY DRIVER AND PICK PACKER. SO CAN YOU APPLY FOR ME.
You are dreaming if you think your travel exemption will be granted in these particular circumstances. I’m sorry. Maybe when the position with respect to India improves, you could contact me again.
Lisa says
Hi,
I am currently on a 491 visa. I am after some advice on completing a travel exemption application please to enter Australia from a trip overseas. I believe if my occupation is on the priority list and/or I work in a critical industry, I might be able to obtain an exemption. I am a permanent full time employee in a finance occupation in the retail health food and food manufacturing industry.
I would also seeing my family based overseas for the first time in 3 years who includes my elderly parents and wanting to attend a family member’s wedding.
Thanks
Pakhi Kamnoj says
I am on a Bridging visa A. Can I travel to India & come back to Australia after 1 month?
Donna M Beckhouse says
Hi Nilesh
In relation to your information below can you further clarify? Yes temp residents can exit Australia but if they wish to return then they need to apply for an exemption in the first place to leave.
“If you neither have Australian citizenship nor hold a permanent residence visa for Australia (you are present in Australia as a temporary resident or without any visa at all), then there should be no difficulty for you simply to go to the airport to exit Australia. No travel exemption should be required for you”
My hubby is a foreigner but is here waiting for a partner application to process therefore it makes him a temporary resident. If he wants to go back to his home country he still needs to apply for an exemption if he wishes to return. Coming back in should not be a problem as he would be classed as my immediate family. Why do they make temp visa holders apply for an exemption? I can not see the reasoning in it.
Miriam Asuenci says
We are looking to apply for a travel exemption to leave australia. We want to relocate to Romania as my husband needs to take care of his ill and elderly father. We are currently selling all our assets to have financial means of supporting ourselves while there. We are located in perth. Is this something you could help us with?
Gabriel Vieira idalgo says
Hello Nilesh,
My situation is that my dad got really bad and now he is in the intensive care unit. I got the doctor document to prove exemption. But my concern is if i will be able to come back by January.
Kind regards
Gabriel Vieira Idalgo
Serena says
Hi Nilesh, I am an immediate family member of an Australian citizen, and I am on a 820 visa (provisional partner visa). On the Australian government website it says that I don’t need to apply for a travel exemption to enter Australia. At the same time, being this a temporary visa, I believe I would also not need to apply for an exemption to leave. This is not crystal clear, are you able to confirm if I am indeed able to leave and return without having to apply for a travel exemption? Thank you in advance for your answer.
Taniya Jamwal says
Hi Team
As I have been applying for travel exemption from Australia to India and an inward travel but unfortunately rejected 5 times.
As I have been providing every document on the portal but still don’t know which category I am lacking from. Kindly advice me the solution for this.
Vanessa says
Hi Nilesh,
My partner and I are getting married this December after 4 attempts due to covid. He is a dual uk/ Australian citizen and we desperately are trying to get his parents here to attend the wedding. We got a glimmer of hope when ScoMo said he was opening borders in December and quickly booked them on a flight. It now turns out it’s only for Australian citizens. Do we have any hope of getting an exemption?
Calli says
Hi Nilesh
My partner and I have been living in a defacto relationship since late 2019. We both have criminal records. His visa expired in December 2020.
Due to the long lock down periods my work and income was cut in half. Supporting both of us on minimal income left no money to save for a partnership visa.
Now that my work has resumed we can start to save. Considering our crimal records and his current visa status, is it worth even attempting to apply now?
Maaz GHANI says
Hi, I am on 489 visa and I have applied for 887. My father has a history of hypertension and has a stroke recently. Can I get an inward exemption so that I can return to Australia.
If I am not allowed to return will I be granted pr offshore?.
Thank you
Sachin Patel says
Hello,
I want to book first consultation. Can you please email me details!?
Thanks
Dani says
I am an Australian citizen looking to leave Australia to live with my partner in Germany. The distance is causing us a lot of emotional stress and we just want to be able to start our lives together like normal people. We were planning on getting married in November, I have the intent to marry certificate which I attached in my travel exemption request but it was sadly denied. I also signed a stat dec stating my reasons and plan to not return to Australia for at least 3 months. Can you please help me. I can’t begin to describe the pain and frustration this is causing me and my partner.
Anton Ljubicic says
I am trying to apply for an exemption for my de-facto partner/fiancee to enter Australia. She already has a visa and I have provided them with substantial amounts of evidence that prove the legitimacy of our ongoing relationship but they continually refuse to grant her an exemption. I do not know what else to provide to them.
Malaka Silva says
Dear Sir, thank you so much for useful information. I am from Sri Lanka who is holding dual citizenship, I would like to leave Australia for more than 12 months, with one way air ticket. Do i have to apply for an exemption ?
Bernardine Aslett says
I’m an Australian citizen and up until Covid our business has relied on us travelling to Europe at least twice a year to buy antiques. Since Covid hit we’ve had to rely on paying people I France Belgium and England to do the buying and sending of containers but we now find it’s time to oversee it ourselves .
How much do you charge to apply and what information would you require for a positive quick outcome ?
Philomena Iona Paynter says
I would like to know if you can help my daughter who is in dubai with an exemption for her husband two small kids to enter Melbourne my daughter is on student visa studying masters in clinical nursing at Monash university she is studying online but had defer as she could not enter to do placement now she got exemption to enter Melbourne but her husband two small children not got it can you help please my no is 0466134562
Margot says
I have an approved travel exemption dated August 2020 which I didn’t end up using. In the permit wording, it states I do not need to reapply if my travel dates change and I have t received any other correspondence since stating otherwise. On the Home Affairs portal however, it says exemptions are valid for 3 months only. Would my exemption still be valid because I have it in writing I don’t need to reapply? I think the rules around validity changed around Feb this year. Can these new rules be applied retrospectively to my exemption? I’ve tried calling Home Affairs about this but they were not very helpful and only knew about the 3 month validity rule.
Thanks for any clarification you may have on this.
Parth says
Hi Nilesh,
I am a Australian PR holder. I want to travel to India in November 2021 for my own wedding which is on hold from past 2 year. If I delay any longer it could jeopardize my relationship. I want to travel for more than 3 months. Is there any possibilities to get exemption?
Jordan Grant says
I am a permanent resident of Australia and residing here, my PR visa is electronically connected to my Canadian passport which i have used to enter Australia every time i came back from overseas when i was traveling for work pre covid. I also have a UK passport. Can I not just leave Australia on my UK passport with out an exemption?
Thanks J
Malkeet says
Hi Dear, my i m NZ citizen,, I planned to move Australia with my family, but my got visitor of Australia which is going to expire on 24/09/21. But unfortunately there is no flight till 25/09/21. Our flight were cancelled twice before in August due to COVID 19. Please tell me what can i do , can’t i get exemption for one day to travel in Australia ?
Thanks
Heather Roles says
I am a Canadian citizen with a dual citizen 7 year old and husband Australia citizen. We have no work or accommodation here in Australia. Trying to go to Canadian permanently. I have work there. My exemption has been denied 2 times.
Nilesh Nandan says
I think I can assist you in making submissions in relation to why you meet the current requirements in order to obtain an exemption. If you would like to discuss how I could help and the approach I would take in relation to a third application for exemption then please book in a time to have a chat with me.
Please refer to this link https://myvisa.com.au/consultation-travel-exemption/
Paulina says
Hello!
I am from Poland and I have been holding my student visa for almost a year now, I got my vaccination certificate recently and I am curious if there are any chances to get travel exemption on compassionate and compelling grounds? I read an article about an Indian student that got it after 5th time she applied. Thank you for any assistance in advance 😊
Janice Leng says
Hi Nilesh. We’ve just found out my niece who is overseas has a tumor in her brain. My family would like to apply for an exemption to exit Australia. My husband and I are AU PR and my 2 young children are dual citizens of Au and Singapore.
My sister has separated from her ex husband and my parents are of old age. We need to be there to support them whilst my family follows me as they’re reliant on me.
What’s our chance? Thank you
Randal says
I am an Australian citizen with current passport (dual citizenship with Costa Rica and current CR passport holder also). My parents live in Costa Rica and my father (86) has been diagnosed with Covid-19, in hospital in a respiratory unit but currently stable. My mother is 83. I want to apply for immediate travel home to Costa Rica to look after my mum who is living alone, and also care for my father if he survives and is discharged from hospital. Due to family and work commitments my siblings cannot guarantee being able to provide the level of care and attention required by this situation. I would have an airline ticket with 6-month travel period. I am fully vaccinated with AZ. I have permission from my employer to take leave without pay for the 6 months. I can prove funds to support myself during this time, and hold credit cards as well. I am asking for letter from the hospital and doctors detailing my father’s condition. How long is current processing time for applications? What is your view of my potential for successful application for exemption to travel?
Munetsi says
My grandmother is terminally ill in Zimbabwe. I had been living with her and taking care of her for the past year. I however had to travel to Australia this year because my wife is pregant and she has to give birth here. I left my brother with my grandmother but we agreed that he will be there till November after the birth of the child here in Australia. I would then come.back and take over the care since it was allowed to.leave Australia if you were usually resident in anothere country when we arrived here. How can i apply and what are my chances?
Shama says
Dear Nilesh, My boss returned to Australia for the first time in 13 years following a family bereavement. She is now preparing to return to her husband and children in Europe, where she is domiciled, via her business HQ in the US.
We did not foresee any problems as she is not living in Australia and has no property or claim here. She has dual citizenship – Australian and Irish. We applied for an exemption for her to leave using the Irish passport. It was refused.
This has confused us as guidelines suggest foreign nationals do not need exemptions or can use the Commonwealth Statutory Declaration. We went one further by making an official application and it has backfired! It was refused.
Question: Do we need to reapply or can we fill out the CSD, with witnesses, and exit Australia as long as we have attendant proofs?
Connor says
I am a dual citizen of both United Kingdom and Australia I want to depart Australia to the UK for longer than 3 months due to own health reasons would this be compelling grounds?
Nilesh Nandan says
I’m not sure if I understand what your “own health reasons” means.
“Can I get treatment in Australia?” is the first question that I would ask myself if I was in your particular circumstances.
This would give me some clarity as to whether or not the reason was indeed compelling.
The second question I would ask myself is whether or not I had enough evidence to show that I was in fact genuinely intending to go for an extended period of time.
Based on the information you have provided I do not believe you will be successful.
Sandeep says
Hi Nilesh,
This is Sandeep. Currently iam on 482 Visa. It’s been close to 2.5 Years that I have seen my single Parent in India ( Old Mother who is 57 years age). She is alone and struggling with B. P and also mental health issues. Can I get travel exemption on returning to Australia.
Thanks Nilesh.
George says
Hello Nilesh,
My partner is a dual national (AU and NZ) and entered AU on his NZ passport during the bubble since he has never had an AU passport. I wonder if he can leave AU without the exemption by being considered under subclass 444 if he use his NZ passport when he leaves AU OR somehow Australian gov finds he is an Australian even though he used the NZ passport to enter Australia, so he needs to apply for the exemption.
Kind regards,
George
Nilesh Nandan says
Provided you do not to provide any false and misleading information to the Department including ABF, I would simply try and exit on the passport that your partner entered Australia with.
If exit is denied then you will then of course have an option of making an application for exemption and this will be granted to you if you meet the relevant guidelines.
Anusha says
Hi Nilesh,
My father was diagnosed with a 70% blocked artery and the doctor have advised surgery to place a stent to ease the block. Our daughter was born in Australia in 2020 and she hasn’t had the opportunity to meet her grandparents yet. We want to travel to India for the surgery so that he has an opportunity to spend some time with our daughter before the surgery. We have got permissions from our employers and are prepared to stay back and work from India for 3-5 months.
Would this be considered under compassionate reasons?
Nilesh Nandan says
Hi Anusha
Stenting in relation to a blocked artery lost understandably stressful is not a particularly complicated surgery even though it relates to the heart and things can certainly go wrong.
It does not render your father critically-ill and I think that there would be difficult to you soon obtaining a visa based on the circumstances alone.
What you need to really focus on is the financial hardship and the emotional hardship aspects of any claims you wish to make that your circumstances are compelling.
In the interest of a speedy response I use voice to text software. Please excuse any typ. errors.
Manni says
I am an Australian citizen. My dad passed away suddenly in June in india, leaving my mother all alone by herself.
Any chances of getting her an exemption to travel to Australia. She has a valid visitor visa and will follow all quarantine procedures in place.
Nilesh Nandan says
Even assuming that your mother has a long-term visa the problem is that she is looking to travel from India into Australia and she herself is quite healthy there is no issue in relation to attending any funeral as the death took place in June. Accordingly I did not rate your chances as strong.
I am sorry for your loss.
Wasim says
Hi Nilesh,
My name is Wasim and currently in Australia on a PR, i am currently employed with an employer back in India, can i apply for a travel exemption to go back to India as I am working with an Indian employer..
Nilesh Nandan says
No. I don’t like your chances.
Tanya says
Hi nilesh
My brother holds a section 48 bar.
He holds a bridging “A”.
Can he leave Australia with a bridging “b” to apply for 491? If he doesn’t leave after getting bridging B will his bridging A cancel.?
Or if he leaves and since there os no guarantee that he can come after lodging the application , can he enter after the 491 has been granted? Or does he have to be on shore when the visa is being granted?
Could you please advise ?
Nilesh Nandan says
Yes he can leave Australia with a bridging visa B in order to lodge in offshore application for a subclass 491.
Your second question is very interesting one and I will attempt to answer it here her over you should seek out specific legal advice before taking any action on this question.
The bridging visa B when wanted allows exit and reentry with an a finite time. The grant of the bridging visa B does not affect the bridging visa A.
When the bridging visa B is granted You Will still hold the bridging visa A.
The bridging visa a will continue until either 28 days or 35 days after a final decision is made in relation to the substantive visa that was applied for and on the basis of which the bridging visa A was initially granted.
If no travel is completed with the bridging visa B then the bridging visa A will continue.
It is the act of exiting Australia that would extinguish the bridging visa A prematurely.
Now in relation to your third question, assuming he does exist on a bridging visa B and he is unable to obtain a travel exemption to re-enter Australia within the finite period prescribed by the bridging visa B grant, and he is then granted a substantive visa which is capable of being granted overseas either by default or by virtue of some concession granted because of the covid-19 pandemic, then there would be no issue for him to re-enter on that new substantive visa, subjective course to any travel restrictions imposed by border force.
I trust that answers all of your questions.
Nadia Haroon says
Hi..I currently have a Bridging Visa. And I have a section 48 bar. I have to exit Australia to apply for 491 visa. Can I get an exemption to enter Australia from Pakistan?
Nilesh Nandan says
Unlikely at the present time, given my own experiences. Sorry!
Nicholas says
Hi Nilesh,
What is your fee for a Travel Exemption application (from Australia). Applicant will be leaving the country for longer than 3 months.
Thanks,
Nicholas
Nilesh Nandan says
Hi Nicolas
Thank you very much for your patience in waiting for a response to your question.
It it’s been a very difficult time particularly with an escalation in active cases of covid-19 in the last week here in Australia.
I apologize for the delay in responding to your post.
My fees depend on the time and effort taken from my side in relation to making any application.
The fixed fee depends on the quality of the material provided to me, the speed at which is provided and the ability to communicate simply and effectively with the party that is instructing me.
In order to understand each of these features in any single set of instructions I have created a quick 10 minute chat service where a discussion can be had in relation to your case and the work that would be required in order to achieve a reasonable outcome in all of the circumstances.
You can book in a 10 minute chat with me here.
Mehdi says
Hi Nilesh,
Hope you are well.
I’m Australian citizen living in Sydney, currently, I’m looking for a way to travel to Perth for my appointment in USA consulate.
I’ve been offered a permanent full time job from our branch in USA and my company is transferring me to America, I’m going to leave Australia permanently.
I’m extremely nervous as If I can’t make it, this could have irreversible consequences both for me and my company, I cannot lose the job because of the current circumstances of mine.
Could you please let me know whether there is anyway for me to travel to Perth?
I’ve been also fully vaccinated by Pfizer.
Thanks a lot for your time for reading this.
I will look forward to hearing from you.
Best Regards,
Mehdi,
Nilesh Nandan says
Have you tried to persuade the US consulate to nominate an alternative mode/location for your interview.
Pamela says
Hi Rajesh
I would like to know what are the chances of obtaining an exemption to enter Australia. I hold a 485 visa which expires in April 2022, and for some family-related issues had to leave Australia in November 2020. I studied engineering (in Perth) which is considered as a critical skill for exemption.
Nilesh Nandan says
Possible unless you are in India at the present time.
Rosna says
Hello
Can i get travel exemption for my husband. He has the visa. I am an student in sydney. Can we apply for exemption.
Nilesh Nandan says
Hi Rosna
Not right now. Wait till things improve and new rules are announced.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Gerd Schmid says
Hi
i have all paperwork and applied for eed to go to my fam in the philippines after being seperated for 1.5 years. Just been denied today, can u see a way for me to get to my fam..?
I am residence here for 39 years and married in the phils since 5.5 years.
Please email me if there is a possibility
Regards
Gerd Schmid
Nilesh Nandan says
Hi Gerd
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Paras says
Hi nilesh.
I’m from pakistan. I got Australia student visa for studying Masters of global public health and i’ m a registered dentist in pakistan. If i get vaccinated and then apply for exemption so Could u plz tell me that i will get exemption to travel to Australia or not??
Paras says
Hi nilesh.
I’m from pakistan. I got Australia student visa for studying Masters of global public health and i’ m a registered dentist in pakistan. If i get vaccinated and then apply for exemption so Could u plz tell me that i will get exemption to travel to Australia or not??
Venkata Rajesh says
Hello Nilesh,
I am Venkat. I am holding a 489 temporary visa. I work in Malaysia for the last 10 years. Due to COVID-19, I stranded in India. I would like to enter Australia with my family. I have sufficient funds to survive in Australia for 2 years at least. Would you mind to guide me on getting travel exemption, please?
Thanks in Advance,
Venkata Rajesh S.
Nilesh Nandan says
Not easy in the correct COVID environment.
AJ says
Just wanted to know if my sister is eligible for travel ban exemption. She lives with our guardian but unfortunately our guardian passed away and now my sister is alone. Im worried about her well being. I wanted her to come to Australia.She already got a student visa granted.
Divyesh says
My self Divyesh and currently i stuck in india with my wife. and i have 485 temporary visa and my wife have also 485 visa. we want to apply travel exemption to enter Australia. I ARRANGE JOB OFFER LETTER FROM WAREHOUSE AS A LF OPERATOR AND DELIEVERY DRIVER AND PICK PACKER. SO CAN YOU APPLY FOR ME.
Nilesh Nandan says
You are dreaming if you think your travel exemption will be granted in these particular circumstances. I’m sorry. Maybe when the position with respect to India improves, you could contact me again.
Venkata Rajesh says
Hi Divesh,
Would you mind to contact me on my personal email badriraj@gmail.com along with your mobile number, please? I have few queires.
Thanks,
Venkat
Nilesh Nandan says
You may qualify for a quick chat with me use this link:
Myvisa.com.au/10-min