Do I have to be outside Australia when Subclass 124 is granted in 2026?
Subclass 124 can be applied for and decided onshore, but it can only be granted while you are outside Australia.
Yes. The Distinguished Talent visa (Subclass 124) can only be granted while you are outside Australia, even though you are allowed to lodge the application and to be in Australia while it is being processed. That is the position stated on the Department of Home Affairs' official Distinguished Talent visa (Subclass 124) page as of August 2026, and it mirrors clause 124.411 of Schedule 2 to the Migration Regulations 1994, which requires the applicant to be outside Australia at the time of grant. The rest of this article is general information about how that rule works in practice, not personalised advice about your own case — if your circumstances are unusual, check the current official page or get professional help before you commit to travel.
Where exactly does the location rule apply?
The rule does not apply to every stage of the process in the same way. It splits into three separate questions: where you can be when you apply, where you can be while the application is assessed, and where you must be at the moment the visa is granted.
| Stage | Where you can be |
|---|---|
| Lodging the application | In or outside Australia, but not in immigration clearance |
| While the application is assessed | In or outside Australia |
| At the moment of grant | Outside Australia only |
The grant condition is the one that catches people out, because the two stages around it are comparatively relaxed. You can be sitting in Melbourne on a valid visa the day before the decision, and the department can still decide the application — but the decision cannot be a grant unless you are offshore.
Can I be in Australia while my application is being processed?
Yes, as long as you hold a visa that lets you stay lawfully. The official page says you can be in or outside Australia when you apply, provided you are not in immigration clearance, and it repeats the same position for the decision stage: you can be in or outside Australia when the application is decided, but you must be outside Australia if the decision is to grant.
There is a practical consequence. The "travel after you apply" section of the official page notes that if you are in Australia you do not need to notify the department that you are leaving, because you are permitted to be outside Australia when the decision is made. What you do need to manage is the other direction: if you leave, your current visa has to let you come back, which you can check through VEVO.
Why can't I just wait it out on a bridging visa?
Because the bridging visa system exists to keep you lawful in Australia while a decision is made, and a Subclass 124 grant cannot be made while you are in Australia at all. The official page addresses this directly: if you travel to Australia on a different visa and that visa ends, you cannot get a bridging visa to stay, precisely because you must be outside Australia when the decision on your application is made.
This is the situation that causes the most trouble in practice. Assume an applicant holds a temporary visa, travels to Australia during processing, and lets that visa run out while the 124 is still being assessed. At that point there is no bridging visa available to keep them lawful, and no onshore grant to fall back on. The only remaining option is to leave.
Does being in immigration clearance count as being outside Australia?
No. Immigration clearance is the process you pass through at an airport or seaport before you are taken to have entered Australia, and the official page treats someone in clearance as a distinct case: you can be in or outside Australia when you apply, but not in immigration clearance. Guidance on Schedule 1 validity requirements records the same limitation for a valid application.
So standing in the arrivals hall after landing is not a way to satisfy the offshore grant condition. It is, if anything, the one state that satisfies neither "in Australia" nor "outside Australia" cleanly enough to be useful.
What happens at the moment of grant?
You become a permanent resident on the day the visa is granted. From that date you get a travel facility of five years, meaning you can travel to and from Australia without a further visa during that period; once it expires you need a Resident Return visa (subclass 155 or 157) to come back as a permanent resident. The department digitally links the visa to your passport rather than issuing a label.
There is also a payment condition to keep in mind. Applicants aged 18 or over who cannot show at least functional English are liable for the second instalment of the visa application charge, which the official page lists as AUD 4,890. The department tells you when to pay it, and the guidance material notes it has to be paid before grant — treat the timing as something to confirm against the department's current instructions rather than assuming.
How do people plan around the offshore grant requirement?
Assume an applicant who has been living in Australia on a temporary visa and has a 124 application in the pipeline. The workable plan is the reverse of what many people expect: rather than arranging to be inside Australia when the grant looks close, they arrange to be outside it, and they keep a visa that allows re-entry in case the decision takes longer than expected.
Two habits make that easier. The first is checking VEVO before any departure, so you know whether your current visa still permits travel and return. The second is not making irreversible arrangements — the official page warns applicants who applied outside Australia not to book travel to Australia, resign from a job or sell a home until the grant is advised in writing.
One more thing worth checking before you plan anything
The official page states that Subclass 124 is closed to new applications. Anyone reading this is therefore dealing with an application already in the system, or with an equivalent pathway such as the Distinguished Talent visa (subclass 858), which the official page points onshore applicants towards if they currently hold an eligible visa.
Frequently Asked Questions
Do I have to be outside Australia when Subclass 124 is granted?
Yes. The Department of Home Affairs states that you must be outside Australia for the visa to be granted, and clause 124.411 of Schedule 2 to the Migration Regulations 1994 sets the same condition. You can be in Australia for lodgement and for the decision itself, but not for the grant.
Can I apply for Subclass 124 from inside Australia?
Yes, provided you are not in immigration clearance. The official page allows lodgement either in or outside Australia, and separately requires you to be outside Australia at the time of grant if the application succeeds.
Can I get a bridging visa if my current visa expires while my 124 is pending?
No. The official page says 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 practical outcome is that you would need to depart Australia.
Do I need to tell the department when I leave Australia during processing?
No. The official "travel after you apply" section says you do not have to tell the department you are travelling outside Australia while your application is processed, because you can be outside Australia when the decision is made. You should still check VEVO to confirm your current visa allows you to return.
Does being in immigration clearance count as being outside Australia?
No. The official page treats immigration clearance as a separate state that is acceptable for neither lodgement nor grant. An application made while you are in clearance is not valid, and you cannot be granted the visa from inside the clearance process.
When do I become a permanent resident if the visa is granted?
On the day the visa is granted, which will also be a day you are outside Australia. The grant carries a five-year travel facility from that date, after which you need a Resident Return visa (subclass 155 or 157) to re-enter as a permanent resident.
Is subclass 858 an option if I am already in Australia?
The official page suggests that if you are currently in Australia and hold an eligible visa, you may want to consider your eligibility for the Distinguished Talent visa (subclass 858). Whether that suits your circumstances depends on the criteria for that subclass, which are set out separately by the department.