The border is open for all vaccinated people, however, border restrictions still apply for all unvaccinated travellers, unless they carry a valid visa and travel exemption. If unvaccinated and travelling into Australia, it’s vital that you know what to do (before arriving) to avoid visa cancellation and being turned around at the gates.
In this blog, TMA immigration specialist Sarah Thapa outlines what you must do to travel into Australia and move around freely if you are an unvaccinated traveller {so you don’t end up in the same situation as Novak Djokovic}.
Travelling to Australia as an unvaccinated person without the required documentation
There have been many restrictions introduced since the beginning of the pandemic. Currently, if you are vaccinated and the holder of an eligible visa, you’re able to travel into Australia and move around freely without a travel exemption.
However, if you are an unvaccinated traveller, you don’t have all of those same freedoms and you must hold a valid visa, travel exemption and demonstrate a compelling reason to enter Australia that meets the Australian Border Force’s exemption criteria.
It’s also important to note, that a travel exemption is not a medical exemption, (these are two different documents, as was highly publicised in the recent Djokovic case). A travel exemption means you are exempt by the Australian government to travel to Australia as a non-vaccinated person.
If you come to Australia without a travel exemption as an unvaccinated person, border officials may revoke your visa and you may be placed into immigration detention.
Vaccinated vs unvaccinated travellers: What are the rules?
While it is now common knowledge that you must be vaccinated to travel to Australia as a visa holder, there are also extenuating circumstances where unvaccinated travellers are still eligible for an exemption to travel into Australia if they fall into one of the following circumstances.
- Information on individual exemptions:
The Department of Home Affairs website states: Individual exemptions can be requested by travellers who are not holders of an eligible visa or who are unvaccinated, holding any visa type.
You may be considered for an individual travel exemption if you are:
- 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).
- 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.
- A student who has 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.
- A student in your final three years of study of a medical university degree, where you 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 higher degree research student enrolled in an Australian education institution (including Masters by research and PhD students) with evidence of a current research grant from a Commonwealth agency or support from a relevant government agency outlining why the research is considered essential and/or in Australia’s national interest and how their role is critical to the research.
- 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 the 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.
- An unvaccinated Prospective Marriage (subclass 300) visa holder in the following circumstances: Where the subclass 300 visa has been granted; and the subclass 300 visa application was lodged at least 12 months before submitting a travel exemption request. This means if you applied for a subclass 300 visa on or before August 18, 2020, and you have now been granted your subclass 300 visa; you are eligible for an inwards travel exemption on August 18, 2021.
Source: Department of Home Affairs
Applying for a travel exemption as an unvaccinated person
In order to enter into Australia as an unvaccinated traveller, you will need both an Australian Border Force exemption and a valid visa before you travel, and you must provide the appropriate documentation to support your claims. If insufficient evidence is provided you may be denied entry.
Examples of documents required are:
- Proof of identity
- Evidence that you hold a valid visa or have lodged a valid visa application
- Travel itinerary
- Marriage, birth, death certificate/s
- Proof of relationship or residence (such as a shared tenancy agreement, joint bank account, etc)
- Letter from a doctor or hospital indicating why travel is necessary
- Letter from an employer indicating why travel is necessary
- Supporting letter from a business or government agency advising why your skills are critical
- Statutory declaration to support your claims, for example, proof of medical exemption from vaccination
Obtaining a travel exemption is complex for unvaccinated people, which is why enlisting the help of an immigration partner, such as TMA, will be your best chance to have one approved.
READ MORE: For more information on whether you fall into an exempt category, read this blog.
Work with our immigration specialists at TMA
Immigration is complex for unvaccinated travellers. Having an immigration partner such as TMA will help you have the best chance of success when it comes to individuals seeking an exemption, or organisations who need a dedicated immigration partner on their team. We can help with:
- Visas and exemptions
- Industry insights and legal briefings
- Strategic planning and advice
- Immigration “health checks” or compliance risk assessments
- Drafting policies and procedures
- VEVO Work Entitlement Checks for visa holders of all subclasses
- Designing and implementing compliance programs
- Workplace investigations and DIBP monitoring
- Bespoke immigration program design, implementation and management
To work with us on your immigration needs, please get in touch today.