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The legal principles which govern the lawful entry to and stay in Australia by non-citizens are set out in the Migration Act 1958. The procedures and criteria are set out in details in the Migration Regulations. The Act and Regulations are administered by the Department of Immigration and Citizenship.

All visitors to Australia except for Australian and New Zealand passport holders must obtain a visa before they travel to Australia. In most cases, valid application for a visa has to be made using the relevant approved form. A visa will be granted if the legal requirements for the grant of the visa are satisfied.

The visa will allow the non-citizen to travel, enter and remain in Australia for a prescribed period. Depending on the type of visa, certain conditions may be imposed on the grant of a visa in relation to employment, or study, or the period within which a person may travel to, enter and/or remain in Australia.

Generally, most applications for visas are made outside Australia. These applications are usually processed and granted at an Australian mission overseas. Some visa applications can be made in Australia at the Department of Immigration and Citizenship. The approval and grant of visas are usually given in the form of a visa label which is placed in the passport.



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