Subclass 124 location rules in 2026: immigration clearance and bridging visa limits

No. If you are in Australia on another visa and that visa comes to an end while a Distinguished Talent visa (Subclass 124) application is still pending, the Department of Home Affairs states that you cannot be given a bridging visa to stay — and the reason is a location rule, not a matter of case officer discretion. As of August 2026, the Department's official Distinguished Talent visa (Subclass 124) page sets out two linked requirements: you must be outside Australia for the visa to be granted, and if you travel to Australia on a different visa and that visa ends, no bridging visa is available because you must be outside Australia when the decision is made. For anyone holding an expiring visa, the planning question is therefore not "which bridging visa applies" but "how do I depart lawfully." The rules described here are general information about published requirements rather than personalised advice on an individual case, and a specific situation should always be checked against the Department's current official guidance or with a qualified professional.

The same official page also records that this visa is closed to new applications, so the location rules matter mainly for applications already in the system. The Department's PAM3 operating summary for Subclass 124 notes that only applications lodged on or before 14 November 2020 continue to be processed, which is a point worth re-checking against the Department's latest published guidance before relying on it.

Where must you be when you apply?

You can be in or outside Australia when you apply, but you must not be in immigration clearance. Immigration clearance is the border process a traveller goes through on arrival in Australia, and it ends once the traveller has been cleared to enter; lodging while still inside that process is treated as invalid rather than merely irregular. The PAM3 operating summary repeats this as an application validity requirement and lists lodgement while in immigration clearance among the situations that make an application invalid.

That leaves two lawful lodgement positions: inside Australia after you have cleared the border and are holding some other visa, or outside Australia entirely. The official page adds that if you are currently in Australia and hold an eligible visa, you may need to consider your eligibility for the Distinguished Talent visa (subclass 858) instead.

Where must you be when the visa is granted?

Outside Australia, without exception. The official page says you can be in or outside Australia when the application is decided, but you must be outside Australia for the visa to be granted, and the decision is notified in writing. The PAM3 operating summary ties this to the grant criterion in Schedule 2 to the Migration Regulations 1994. Two practical consequences follow: you become a permanent resident on the day the visa is granted, and the visa is digitally linked to your passport with no label placed in it.

Grant also starts the travel facility. You can travel to and from Australia for five years from the date of grant, after which a Resident Return (RRV) visa (subclass 155 or 157) is needed to re-enter as a permanent resident. The five-year end date can be checked through VEVO.

Where can you be at each stage of a Subclass 124 application?

Stage	Where you can be	Rule that governs it
Lodging the application	In Australia or outside Australia, but not in immigration clearance	Validity requirement restated on the official page and in PAM3
While the application is processed	In or outside Australia; no need to notify travel	Official page, "Travel after you apply"
When the decision is made	In or outside Australia	Official page, "Visa outcome"
When the visa is granted	Outside Australia only	Official page; grant criterion in the Migration Regulations 1994
When another visa you hold expires onshore	No bridging visa is available	Official page, "Stay lawful"

Why is there no bridging visa when your other visa ends?

Because a bridging visa exists to keep a person lawful in Australia while they wait for a decision on a visa that can be granted to them in Australia, and Subclass 124 cannot be granted to someone who is in Australia. The Department states the consequence directly: if you travel to Australia on a different visa and that visa ends, you cannot get a bridging visa to stay, because you must be outside Australia when the decision is made.

This is why the location rule and the bridging visa limit are the same rule seen from two directions. An expiring visitor, student or work visa does not convert into a holding status merely because a 124 application is on foot; the pending application carries no onshore permission of its own. Someone in that position needs to plan departure before the current visa ends, rather than assume the pending application keeps them lawful.

What if you leave Australia while the application is being decided?

If you are in Australia, the official page says you do not have to tell the Department that you intend to travel outside Australia during processing, because you can be outside Australia when the decision is made. Leaving is therefore permitted and, given the grant requirement, often necessary.

Two checks still apply when you travel. First, make sure the visa you hold allows you to return, which can be verified through VEVO; the Department's guidance on visas that are about to expire or have already expired covers the situation where the return pathway is no longer available. Second, if you applied from outside Australia, do not arrange travel to Australia, leave a job or sell a home until the Department advises in writing that the visa has been granted.

Processing itself runs quietly: the Department states that it does not give status updates, so requests for further information appear in ImmiAccount or arrive as direct contact.

Frequently Asked Questions

Can I apply for Subclass 124 while I am in Australia?

Yes. The official page states you can be in or outside Australia when you apply, provided you are not in immigration clearance. The restriction is on where you are at the moment of grant, not at the moment of lodgement.

Can I lodge the application while going through immigration clearance at the airport?

No. Lodging while still in immigration clearance is not a valid lodgement, and the PAM3 operating summary lists it as a reason an application is invalid. You need to have completed the border process, or be outside Australia, before applying.

Can I be in Australia on the day the visa is granted?

No. You can be in or outside Australia when the decision is made, but the official page states you must be outside Australia for the visa to be granted, with the corresponding grant requirement sitting in Schedule 2 to the Migration Regulations 1994.

My visitor visa expires next month and my 124 application is still pending — can I get a bridging visa?

No. The Department's "Stay lawful" section states that if you travel to Australia on a different visa and that visa ends, you cannot get a bridging visa to stay, because you must be outside Australia when the decision is made. The planning response is to arrange departure before the current visa ends.

Is there an onshore alternative if I am already in Australia on another visa?

The official page directs people who are in Australia and hold an eligible visa to consider the Distinguished Talent visa (subclass 858), whose own eligibility requirements are set out on its separate official page. Whether it fits depends on that visa's criteria, not on the 124 location rules.

Do I need to tell the Department if I leave Australia during processing?

No, not if you are in Australia. The official page says you do not have to notify travel because you can be outside Australia at decision time, but it also advises checking that your current visa permits you to return.

What travel rights do I get once the 124 is granted?

You can travel to and from Australia for five years from the date of grant, after which a Resident Return (RRV) visa (subclass 155 or 157) is required to re-enter as a permanent resident. The visa is digitally linked to your passport, so no visa label is issued.