No more automatic exemption to travel for Australian citizens and permanent residents

What's changed?

From 11 August 2021, Australian citizens and permanent residents ‘ordinarily resident in a country other than Australia’ will no longer be automatically exempt from outward travel exemptions (see the relevant legislative amendment here).

This means that even a permanent resident cannot rely on an automatic exemption to travel overseas. You must apply for a travel exemption through the Travel Exemption Portal. Only in extremely rare and exceptional circumstances will an exemption be granted, and even then, only if a compelling reason for leaving Australia can be demonstrated.

Additionally, if you received a travel exemption approval before 11 August and have not yet travelled, you can use this exemption for a single departure from Australia. There is no longer a 3-month expiry on the exemption.

Will there be a transitional period?

Yes. Until 7 September 2021, those who are ordinarily resident overseas and who arrive at the airport without an exemption will be allowed to travel if their status as ordinarily resident overseas can be confirmed by an ABF officer at departure.

What if I'm outside Australia, but want to visit temporarily?

If you are outside Australia and want to travel to Australia then return to your country of residence, you must apply for an outwards exemption before you arrive in Australia.

Why the change?

The automatic exemption to overseas travel was introduced in March 2020. It was designed so that Australian citizens and permanent residents could return to their ordinary place of residence if they wished – not allow frequent travel between countries.

Given the evolving situation with COVID-19, the government is looking to reduce pressure on Australia’s quarantine facilities, reduce the risks posed to the Australian population from the pandemic, and prioritise the repatriation of those who have been stranded overseas. Removing the automatic travel exemption is a way for them to implement these priorities.

To find out more details about travel exemptions, visit the Department of Home Affairs’ COVID site.

Key takeaways
  • This is a significant change, as Australians or permanent residents returning home for urgent family or other emergencies will not be allowed to depart unless they apply for and receive a travel exemption. Practically, it is incredibly difficult to demonstrate the need to depart Australia on compelling or compassionate grounds.
  • The change may also deter those who are currently offshore, and have been granted a permanent visa (eg. a Global Talent visa) from entering Australia. Should they wish to return to their country of residence, the same requirement to apply for a travel exemption would apply.
Have questions about how this policy change might impact you? Speak to one of our migration experts today.

contact us

+61 2 9212 4008

51 Albion Street,
Surry Hills,
Sydney NSW 2010

Monday to Friday
9am - 5:30pm
(or flexible by appointment)

Abacus Visa Pty Ltd. ACN: 147099303
Abacus Visa & Migration Services Pty Ltd. ABN: 58169966036
© COPYRIGHT 2020  ABACUS VISA / +61 2 9212 4008 / PRIVACY POLICY

DISCLAIMER: No material on this website, including but not limited to documents, articles, general comments, responses and other communications should be interpreted as relevant or accurate legal advice for any individual or specific situation. The information is of a general nature and cannot substitute for professional legal advice. Such advice is only provided by our firm following the acceptance by a client of our written agreement, and the payment of the required fees.