Border visa (subclass 773) or Border Class TA Subclass 773 visa: For those who arrived in Australia without a visa
Border visa (subclass 773) is designed for people who arrived in Australia without a visa or whose visa was cancelled in immigration clearance.
You cannot apply for this visa in Australia or if you are an unlawful non-citizen.
You can apply for a Border visa (subclass 773) when you arrived in Australia and has not been immigration cleared or when immigration officer cancelled your visa. Granting you this visa allows you to regularise your visa status through the application for another substantive visa shortly after you have entered Australia.
Usually the immigration officer will invite you to apply for a Border visa (subclass 773) after having assessed your eligibility. You should be aware that there is no obligation on an immigration officer to inform you of this visa.
Prevented by airlines to board your flight because you don’t have a visa
If you are attempting to board your flight to Australia but was told that you do not have a visa, you could explain that you are eligible to apply for a Border visa (subclass 773) upon arriving. However, you should note that whether you are able to satisfy the criteria for the grant of this visa cannot be determined by the airlines staff or the Department of Immigration (Department of Home Affairs). But in a compelling situation, the Border Operations Centre (BOC) may agree for the airlines to allow you to board the flight even if you do not hold a visa for travel to Australia.
Border visa is not a substitute for another visa
You should be aware that the Border visa (subclass 773) is not considered to be a substitute for other visas in situation where you have simply failed to obtain a visa before you travel. Australia Migration Act (section 42) requires all non-Australia citizens travelling to Australia to hold a valid visa except in certain specified circumstances (click here to learn more about section 42(2), (2A) and (3) exceptions). These exceptions support Australia’s universal visa requirement by providing a visa product in immigration clearance for travellers in very limited situations and where there are compelling reasons for them to be immigration cleared.
You will not be granted a Border visa (subclass 773) if you have in the last 5 years (5 year bar) granted this visa for same reason as you are now providing, unless your flight or vessel have been diverted to Australia, or you are a dependent child of an Australian resident.
You will not be eligible for a Border visa (subclass 773) if you intend to make an on-arrival protection (subclass 886) claim for refugee status (click here to learn more).
You can only apply for a Border visa (subclass 773) if you are:
- eligible for a Confirmatory (Residence) Subclass 808 visa (click here to learn more); or
- you are a dependent child and your parents hold Skilled Employer Sponsored Regional Class PE Subclass 494 visa (click here to learn more); or
- family emergency; or
- you have an Australian resident partner or spouse who can sponsor you for a Partner visa; or
- you are a permanent resident, but your visa has just expired at the immigration clearance;
- you are a dependent child of an Australian citizen or permanent resident or an eligible NZ citizen
You will need to explain why you have to travel to Australia without a visa and your reasons must be compelling.
If you are granted a Border visa (subclass 773), you are expected to apply for an appropriate substantive visa after you have cleared immigration. If you leave Australia, your Border visa will cease.
There is no visa condition attached to a Border visa unless you are eligible to apply for a visa for which a no further stay (condition 8503) is a mandatory condition.
This is a single entry visa and cannot be extended or applied again while you are in the country.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a free 15 minutes consultation to help you decide if this visa is the best visa for you (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
041 222 4020 or WeChat: AUDvisa
This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.