Other visa provisions in the Migration Act of 1958 provide vital information on visa possession and acquisition. A visa is an official document that a country’s government issues to allow a foreign individual to enter, reside, or work within that country for a specified period.
Australia is a popular destination for immigration due to its high standard of living, strong economy, and multicultural population. It is home to thousands of foreigners from around the globe. 395,00 migrants arrived in 2021–2022, while 146,000 arrived the year before, an increase of 171 percent, according to the Australian Bureau of Statistics.
This article will discuss other visa provisions postulated in the Migration Act 1958. The Act has the following objectives:
- To regulate the entry and presence in Australia of non-citizens;
- To provide visas permitting non-citizens to enter or remain in Australia;
- To require non-citizens and citizens to provide personal identifiers;
- To remove or deport non-citizens from Australia whose presence in the country is not permitted by the Act; and
- To take unauthorised maritime arrivals from Australia to a regional processing country.
The other visa provisions in the Act are as follows:
- Section 77 on visas held during visa period;
- Section 78 on children born in Australia;
- Section 79 on effect on visa of leaving Australia; and
- Section 80 on certain persons taken not to leave Australia
Other Visa Provisions: Visas Held During Visa Period
Section 77 of the Act states that “To avoid doubt, for the purposes of this Act, a non-citizen holds a visa at all times during the visa period for the visa.”
To be able to travel and work abroad legally, non-citizens must hold a valid visa throughout their stay in the country. Thus, it is vital to note that during the visa period, non-citizens must always possess a visa to avoid any confusion or doubt about their legal status in the country.
The severe consequences of overstaying are imprisonment in immigration detention, expulsion from Australia, and prohibition from applying for future Australian visas. These are undesirable outcomes, and you must avoid them.
Being a non-citizen who does not possess a valid visa is unlawful. Thus, the Australian immigration system will note any violations which could negatively affect your future visa applications for Australia or possibly other nations.
Other Visa Provisions: Children Born in Australia
Section 78 of the Act lays down the rules as to children born in Australia to non-citizen parents, but either one holds a visa.
Before 1986, citizenship was automatically conferred on all infants born in Australia. As the world progressed, this rule changed because more people on temporary visas were moving into the neighbourhood. The visa or status that the parents hold now determines the child’s immigration status when they give birth to a child in Australia to non-citizen parents.
According to Section 78 of the Migration Act, a child shall automatically be assumed to receive the same type of visa as the parents when both parents have temporary or permanent visas. The child’s parents do not need to apply for a visa; instead, they should contact the Department of Immigration to arrange for the child’s visa to be added to their passport. When the parents do, the child changes from a temporary to a permanent visa.
Therefore, children born in Australia to non-citizen parents immediately become visa holders when both parents own a temporary or permanent visa.
Other Visa Provisions: Effect on Visa of Leaving Australia
Section 79 of the Act stipulates instances when a visa holder may reenter Australia if they wish to do so. This section states that when a visa holder leaves Australia and intends to reenter, they may only be allowed to do so if the visa permits for re-entry and the visa is still in effect during the re-entry.
If you are denied re-entry to Australia, you will be detained at the airport until authorities make the arrangements to send you back to the nation where you have a valid visa. Thus, you will be ineligible to go to Australia then.
Usually, your carrier will take you out of Australia on the subsequent flight that it offers. However, Australian Immigration may place you in a temporary detention facility until a suitable flight is available if you have a lengthy wait for your return flight.
Other Visa Provisions: Certain Persons Taken Not to Leave Australia
Section 80 of the Act specifies the situations when a person is considered not to have left Australia. The section expresses that a person is not regarded to have left the country when they go outside the migration zone on a vessel and:
- The person does not go to a foreign country other than for transit purposes;
- The person remains a passenger or a member of the crew of that vessel while outside the migration; and
- The person is outside the migration zone for no longer than the prescribed period.
These other visa provisions are as follows.
- Non-citizens must maintain possession of a valid visa to avoid doubt as to the legality of their stay in Australia. (Section 77)
- Children born in Australia to parents who are not citizens automatically qualify for visas. This is regardless of whether their parents have temporary or permanent visas. (Section 78)
- If a visa holder leaves Australia with the intention of reentering the country, they may only be able to enter if their visa permits re-entry. It must also still be valid when they attempt to reenter the country. (Section 79)
- Even if a person goes outside the migration zone on a vessel, they are not considered to have left Australia if they qualify in the above-mentioned circumstances. (Section 80)
If you are currently experiencing issues relating to these visa-related situations, seek advice. You must seek the advice of a legal professional to assist you with your transactions. JB Solicitors has a leading team of proficient immigration lawyers that can help with your situation. Please contact us today if you have more questions about other visa provisions and Australian visa-related concerns.