News & Insights

Over the past week, the Australian Government has made significant changes to international travel restrictions which will impact the movement flexibility of Australian citizens and Permanent residents who ordinarily live outside of Australia.

departure restrictions: australian residents residing overseas no longer exempt

The Minister for Health and Aged Care amended the Biosecurity Determination Act 2020 (Biosecurity Determination) so that from 11 August 2021, Australian citizens and permanent residents ordinarily reside within a country outside of Australia will not be automatically exempt from Australia’s outward travel restrictions.

Previously, Australian citizens who usually reside overseas were exempt from Australia’s travel restrictions when departing Australia. With the amendments made to the Biosecurity Determination, this automatic exemption has now been removed. As a result, Australian citizen’s and permanent residents will need to apply for an exemption to Australia’s ‘departure’ travel ban.

The Commonwealth Government claims the exemption was not intended to enable frequent travel between countries. However, business travel has generally been facilitated. Through this amendment to the Biosecurity Act, the Australian Government is attempting to reduce leisure travel and limit movements in and out of Australia.

grace period to operate until 7 september

The Commonwealth Government have identified that a grace period will operate until 7 September 2021. Travellers who arrive at the airport without an exemption, will be allowed to travel overseas if their status as an ordinary resident can be confirmed by an Australian Border Force officer at departure. Future travellers, however, will need to apply for an exemption through the Australian Border Force travel exemption portal prior to making travel arrangements.

Australian citizens and permanent residents who reside outside of Australia must now apply for an exemption to depart Australia. To be granted an exemption, this cohort must provide evidence with the application that they do not live in Australia. This could include documents issued by a foreign government (such as a drivers licence) and lease agreements for a property overseas.

legal advice to navigate departure restrictions and exemption requests

Our expert immigration lawyers have extensive experience with facilitating travel ban exemption requests and assisting with complex immigration matters. Please contact us should you, or someone you know require assistance.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.