The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia. CCS - Australian residency exceptions

Australian residency exceptions

The following table shows the circumstances when an individual (1.1.I.90) who is not an Australian resident (1.1.A.130) may still be eligible for CCS.

Note: The visa subclass 851 Resolution of Status (permanent) (class CD) commenced on 9 August 2008 when the temporary protection arrangements were abolished.

As a result holders of the following visa subclasses:

  • 785 (classes XA and XC) Temporary Protection,
  • 447 Secondary Movement Offshore Entry,
  • 451 Secondary Movement Relocation, and
  • 695 Return Pending,

became eligible for a visa subclass 851 Resolution of Status (permanent) (class CD) visa from 9 August 2008 as the above visa subclasses were abolished from this date.

Visas, however, already issued under the above subclasses will remain valid until they expire or the holders are granted another visa.

The visa subclass 785 (class XD) Temporary Protection was reintroduced on 16 December 2014 and is currently in effect.

Exception circumstance More detail
The person holds an SCV. All SCV holders residing in Australia are eligible - it is not necessary to be a 'protected SCV holder'.
The person holds a subclass of visa determined by the Minister and the person is:

  • in Australia (1.1.A.120), or
  • temporarily absent from Australia (1.1.A.10) for 6 weeks or less and the absence (1.1.A.05) is an allowable absence in relation to SpB under SSAct Part 4.2.

Note: The following visa subclasses generally have a visa travel facility that would enable the holder to be temporarily absent from Australia:

  • subclass 309 Partner (Provisional),
  • subclass 820 Partner,
  • subclass 785 (class XD) Temporary Protection*,
  • subclass 790 Safe Haven Enterprise*.
The following visa subclasses have been determined by the Minister:

  • subclass 820 Partner,
  • subclass 309 Partner (Provisional),
  • subclass 785 Temporary Protection,
  • subclass 786 Temporary (Humanitarian Concern),
  • subclass ZB 951 Criminal Justice Stay Visa (if the CJSV has been issued only for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery or slavery-like practices),
  • subclass 790 Safe Haven Enterprise*,
  • subclass 060 Bridging F,
  • subclass 070 Bridging (Removal Pending), and
  • subclass 449 Humanitarian Stay (Temporary).
The person is undertaking a course of study in Australia for which they receive direct financial assistance from the Commonwealth.

Example: AusAID scholarship (if receiving direct financial assistance) or Endeavour Award.

This does not include students on a university scholarship indirectly funded by the Commonwealth.

The person is taken to be an Australian resident because:

  • hardship would be caused if the individual were not treated as an Australian resident, or
  • special circumstances exist.

This is a discretionary decision.

Hardship may be caused by a traumatic event such as:

  • the applicant's partner (1.1.P.30) dying,
  • the applicant separating from their partner, or
  • the applicant, or their partner, becoming hospitalised or disabled.

In each circumstance you should consider:

  • how recently the event occurred,
  • whether the event was foreseeable, and
  • the ongoing effect on the family.

*Subject to approval from the Department of Home Affairs, a subclass 785 (class XD) or 790 visa holder may be eligible to travel overseas and re-enter Australia where the holder can demonstrate compassionate or compelling circumstances.

Act reference: FAAct section 8 Extended meaning of Australian resident-hardship and special circumstances, section 85BB Residency requirements

Policy reference: FA Guide Residence requirements, 2.6.1 CCS eligibility

SS Guide 9.2 Visa subclasses & payment eligibility for visas issued after 1/9/94

Last reviewed: