Migration Regulations 1994

An applicant who satisfies the primary criteria for the grant of:

a Subclass 403 visa in the Government Agreement stream; or

a Subclass 403 visa in the Foreign Government Agency stream; or

a Subclass 403 visa in the Privileges and Immunities stream;

An applicant who satisfies the secondary criteria for the grant of a Subclass 403 visa in relation to a primary applicant referred to in subclause (1) may be in or outside Australia, but not in immigration clearance, when the visa is granted.

An applicant for the grant of a Subclass 403 visa in the Pacific Australia Labour Mobility stream:

if the applicant holds, or the last substantive visa held by the applicant was, a Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream, the Seasonal Worker Program stream or the Pacific Labour Scheme stream—may be in or outside Australia, but not in immigration clearance, when the visa is granted; or

otherwise—must be outside Australia when the visa is granted.

For an applicant not covered by subclause (1), (2) or (2C):

if the applicant was in Australia when the application was made—the applicant must be in Australia, but not in immigration clearance, when the visa is granted; or

if the applicant was outside Australia when the application was made—the applicant must be outside Australia when the visa is granted.