Immigration Law

Subclass 124 (2026): must I be outside Australia for grant, and can I get a bridging visa?

Why Subclass 124 must be granted while you are offshore, and why no bridging visa can hold you in Australia meanwhile.

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

No — a Subclass 124 (Distinguished Talent) visa can only be granted while you are outside Australia, and there is no bridging visa that will keep you lawful in Australia while the application is being decided. Both points come from the Australian Department of Home Affairs Distinguished Talent visa (Subclass 124) official page, current as of August 2026, and from the grant requirement in regulation 124.411 of the Migration Regulations 1994.

That combination is unusual, and it is the reason so much of the planning for this visa turns on where you are standing on decision day rather than on how strong the nomination is.

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

Stage Where you are allowed to be
When you apply In or outside Australia, but not in immigration clearance
While it is processed In or outside Australia
When the decision is made In or outside Australia — but if the decision is a grant, you must be outside Australia
After grant You travel to Australia as a permanent resident; the travel facility runs for 5 years from the date of grant

The visa itself is permanent. You become a permanent resident on the day the visa is granted, and the 5-year travel facility lets you move in and out of Australia during that period; after it ends you need a Resident Return visa (subclass 155 or 157) to re-enter as a permanent resident.

Why does the grant have to happen offshore?

Because it is written into the criteria, not because of how the Department happens to process cases. The official page states plainly that you can be in or outside Australia when you apply, but you must be outside Australia for the visa to be granted, and the grant criterion in the regulations (section 124.411) carries the same requirement. The Department's policy guidance (PAM3) repeats it as a hard rule rather than a matter of officer discretion.

The practical consequence is that being in Australia does not freeze your application — a decision can still be made, including a refusal — but a grant cannot be finalised while you are onshore. That is why the location question has to be managed before the decision is ready, not after.

Why can't you get a bridging visa while it is decided?

A bridging visa exists to keep someone lawful between the end of one visa and the decision on the next. That purpose does not fit a visa whose grant requires you to be outside the country, so the official page says it directly: if you travel to Australia on a different visa and that visa ends, you can't get a bridging visa to stay in Australia, because you must be outside Australia when the decision is made.

This is the part that catches people out. Holding a valid Subclass 124 application does not, by itself, give you any fallback status in Australia. Suppose an applicant is in Australia on a temporary visa that expires while the Distinguished Talent application is still with the Department, and they assume a bridging visa will simply issue when the temporary visa runs out — on this visa, that assumption fails, and the result is unlawful stay.

Can you apply for Subclass 124 while you are in Australia?

Yes, as far as the location rule goes — but the Department's official page states this visa is closed to new applications, so no new Subclass 124 application can be lodged. The one location limit at lodgement is immigration clearance: you cannot apply while you are in the clearance process at an airport or port. The Department's policy guidance (PAM3) records that an application made while in immigration clearance is invalid, alongside the form and fee requirements for a valid application.

So the fact that you are onshore at lodgement is not a problem in itself. The problem is only where you are at the moment a grant would be made.

What should you do if the visa keeping you in Australia is running out?

Treat the expiry date as a hard planning deadline. The official page directs applicants to check what their current visa actually allows using VEVO and to look at what to do if a visa is about to expire or has expired. There is no bridging visa waiting in the wings for this visa, so the options narrow to holding another visa that lawfully covers the period, or departing before the current one ends.

If you are in Australia and hold an eligible visa, the official page suggests you may need to consider your eligibility for the Distinguished Talent visa (subclass 858) instead.

Can you travel while the application is being processed?

Yes, and the rules differ depending on where you applied from:

  • If you are in Australia: you do not have to tell the Department that you intend to travel outside Australia while the application is processed, because you can be outside Australia when the decision is made. Make sure your current visa still allows you to return — check VEVO before you go.
  • If you applied outside Australia: do not arrange travel to Australia, leave your job, or sell your home until the Department advises you in writing that the visa has been granted.
  • Either way: the Department does not give progress updates. Requests for more information appear in ImmiAccount, or the Department contacts you.

What happens at the decision?

You will be told the decision in writing. If the visa is granted, the notice gives your visa grant number, the date the visa starts, and any visa conditions that apply; you should keep a copy. If it is refused, the notice explains why and whether you have a right to have the decision reviewed, and the application charge is not refunded.

Family members included in the application are decided as part of the same application and must meet the health and character requirements; members of the family unit can be added at any time before a decision is made. This article describes how the published rules operate in general terms; it is not advice about your own circumstances, so confirm the current position on the official page and get professional advice before making travel or lodgement decisions.

Frequently Asked Questions

Do I have to be outside Australia when Subclass 124 is granted?

Yes. The official page states you must be outside Australia for the visa to be granted, and the same requirement appears as a grant criterion in the Migration Regulations 1994 (section 124.411). You can be in or outside Australia while the application is processed, but the grant itself cannot happen while you are onshore.

Can I get a bridging visa to wait in Australia for the outcome?

No. The Department 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. Holding a pending Subclass 124 application gives you no fallback lawful status in Australia.

Can I apply for Subclass 124 from inside Australia?

Yes, you can be in or outside Australia when you apply — but the official page states this visa is closed to new applications, so no new Subclass 124 application can be lodged. The only location limit at lodgement is that you must not be in immigration clearance; the Department's policy guidance (PAM3) treats an application made while in clearance as invalid.

What if I am in Australia and my current visa expires before the decision?

Plan to leave before it expires, or hold another visa that lawfully covers you, because no bridging visa is available for this visa. The official page points applicants to VEVO to check what the current visa allows and to the Department's guidance on visas that are about to expire or have expired.

Can I travel overseas while my Subclass 124 application is being processed?

If you are in Australia, you do not need to notify the Department about travelling, since you can be offshore at decision time — but check VEVO first to confirm your existing visa lets you return. If you applied outside Australia, do not book travel to Australia or make irreversible arrangements until you are told in writing that the visa is granted.

Is Subclass 124 still open to new applications?

The official page states the visa is closed to new applications, so no new Subclass 124 applications can be lodged.

Is there an alternative if I am already in Australia?

If you are in Australia and hold an eligible visa, the official page suggests considering your eligibility for the Distinguished Talent visa (subclass 858). Whether that is the better path depends on your own circumstances, so verify the criteria on the official page or with a qualified adviser.

References

Common questions

Do I need a lawyer or a migration agent?+
Many visa applications are lodged directly. A registered migration agent or immigration lawyer helps with complex or refused matters.
What is a Section 48 bar?+
It limits the visas you can apply for while unlawfully in Australia after a refusal or cancellation. A professional can map your options.
Can I appeal a refused visa?+
Often yes — the Administrative Appeals Tribunal reviews many decisions, but strict time limits apply.
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