Align Law

Travel exemption

Travel exemption

The Australian border was closed to all travellers on March 2020 due to the ongoing COVID-19 pandemic. As a result, a travel exemption request is required if people wish to travel in and out of Australia.

Travel arrangements for Australian citizens/permanent residents

If you are an Australian citizen or permanent resident and wish to depart Australia, you must satisfy one of the following and seek for approval via the Australian Border Force (ABF) prior to departing:

  • your travel is as part of the response to the COVID-19 outbreak, including the provision of aid
  • your travel is for your business/employer
  • you are travelling to receive urgent medical treatment that is not available in Australia
  • you are travelling outside Australia for a compelling reason for three months or longer
  • you are travelling on compelling or compassionate grounds
  • your travel is in the national interest
  • you are ordinarily resident in a country other than Australia.

Since 11 August 2021, any Australian citizens/permanent residents who were classified as an ‘ordinary resident outside Australia’ must apply for a travel exemption and provide additional supporting documents such as:

  • foreign government issued documentation, for example:
    • foreign drivers licence
    • foreign government issued residency card
  • evidence you have an established and settled home overseas, for example:
    • tenancy/residential agreement
    • utility bills, rate notices
  • evidence you are employed or have ongoing business interests overseas, for example:
    • a letter from your employer/employment contract in a foreign country
    • business tenancy agreement

If you are a temporary Visa holder in Australia and wish to depart, you do not need to obtain a travel exemption. However, you may not be allowed to return to Australia without a valid travel exemption. It is highly recommended that you obtain a return travel exemption prior to departing Australia in order to avoid any issues with returning. Temporary Visa holders seeking to leave and then return to Australia may apply for an inwards exemption before they leave, however applications will generally only be approved if:

  • the applicant meets the requirements for an individual exemption from Australia’s Inward Travel Restrictions, and
  • they have a strong compassionate or compelling reason to leave Australia supported by relevant documentary evidence, for example:
    • attending the funeral of a close family member overseas, visiting a close family member who is seriously or critically ill, or seeking necessary medical treatment not available in Australia, or
  • travel is essential for business purposes.

Travel arrangements for Australian citizens/permanent residents

Any temporary Visa holders may depart Australia anytime, however, you will not be permitted to return to Australia unless you have obtained a travel exemption. You may apply for a travel exemption to come to Australia if you satisfy one of the criteria below:

  • a foreign national travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response
  • a foreign national whose entry into Australia would be in the national interest, supported by the Australian Government or a state or territory government authority
  • providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies
  • a foreign national with critical skills or working in a critical sector in Australia
  • a foreign national sponsored by your employer to work in Australia in an occupation on the Priority Migration Skilled Occupation List (PMSOL)
  • military personnel, including those who form part of the Status of Forces Agreement, Commonwealth Armed Forces, Asia Pacific Forces and Status of Armed Forces Agreement
  • a person who resides on a vessel that seeks safe port at the closest appointed port for reprovisioning or safety reasons for a limited duration, supported by the relevant State or Territory government where safe haven is sought
  • students who have been selected to take part in an International Student Arrivals Plan that has been approved by the relevant state or territory government, and endorsed by the Department of Education, Skills and Employment as satisfying the Protocols and Preconditions for International Student Arrivals.
  • students who are in their final three years of study of a medical university degree, who have evidence of a confirmed placement in an Australian hospital or medical practice. The placement must commence within the next two months, and provide medical services to the Australian public.
  • a student completing year 11 and 12, with endorsement from the Department of Education, Skills and Employment (DESE), and support from the relevant state or territory government health and education authorities. Further information regarding this process can be found at the Department of Education, Skills and Employment website.
  • a student in your final two years of study of a dental, nursing or allied health profession university degree, where you have evidence of a confirmed placement in an Australian hospital or medical practice which begins within the next two months.
  • travelling for compassionate and compelling reasons.

This article is intended to provide commentary and general information. It cannot not be relied upon as legal advice or a substitute for legal advice. Formal legal advice should be sought on transactions or matters of interest mentioned in this article.