Can I stay in Australia while my Distinguished Talent 124 is decided in 2026?
Yes — but only up to a point. The Distinguished Talent visa (Subclass 124) does not require you to leave Australia while the application is being assessed, yet it does require you to be outside Australia at the moment the visa is granted, and it offers no bridging visa to hold you here once any other visa you hold runs out. That combination — onshore is permitted during processing, offshore is compulsory for grant — is why waiting in Australia is technically allowed but rarely simple. The summary below follows the Australian Department of Home Affairs' Distinguished Talent visa (Subclass 124) official page as of August 2026, together with the Migration Regulations 1994 and the Department's PAM3 guidance on Subclass 124, and is general information rather than advice about your individual case; where your lawful status is at risk, rely on the Department's current published information or a qualified professional.
One point of scope: the official page states that this visa is closed to new applications, so the question matters only for people who already have a Subclass 124 application in the system. The PAM3 guidance refers to applications lodged before 14 November 2020 as the ones still under consideration, and any such cut-off should be confirmed against the Department's current published information.
Where must I be at each stage of a Subclass 124 application?
The rule is a split one, and the split is easier to see stage by stage.
| Stage | Where you may be |
|---|---|
| When you lodge | In or outside Australia, but not in immigration clearance |
| While the Department assesses | In or outside Australia |
| When the decision is made | In or outside Australia |
| When the visa is granted | Outside Australia only |
The official page says you can be in or outside Australia when you apply, but not in immigration clearance — that is, not at the border in the window before entry is finalised. The PAM3 guidance treats an application lodged while in immigration clearance as invalid. At the other end, subclause 124.411 of the Migration Regulations 1994 and the official page both require the applicant to be outside Australia for grant, even though the decision itself can be made while you are in or outside the country.
So can I legally wait in Australia while it is processed?
You can, provided you are here on some other valid visa. Nothing on the official page says a Subclass 124 applicant must leave Australia and stay away during assessment; the restriction bites at grant, not during processing.
The practical problem is duration. The Department publishes a visa processing time guide tool showing times for recently decided applications, but describes it as a guide only and not specific to any individual application, and it lists the things that make actual times vary: whether you lodged a complete application with all supporting documents, how quickly you respond to requests for more information, how long required checks take, how long external agencies take on health, character and national security checks, and how many places are available in the migration program. The official page also states that the Department does not give updates on applications, directing applicants to check ImmiAccount for requests or wait to be contacted. Waiting onshore therefore means holding another visa for an open-ended period you cannot control.
Why can't I get a bridging visa when my other visa ends?
Because the visa you are waiting for cannot be granted to someone inside Australia. The official page is explicit: if you travel to Australia on a different visa and that visa ends, you cannot get a bridging visa to stay, and the reason given is that you must be outside Australia when the decision on your application is made.
That makes a bridging visa structurally impossible rather than merely unavailable. A bridging visa exists to bridge a gap until an onshore decision; with Subclass 124 the decision that ends the gap can only be delivered offshore. The official page points people whose visa is expiring or has expired to its separate guidance on that situation, but no bridging route flows from the Subclass 124 application itself.
Do I have to tell the Department when I travel during processing?
No, if you are in Australia. The official page says you do not have to notify the Department that you want to travel outside Australia while the application is processed, precisely because you can be outside Australia when the decision is made.
Two cautions sit alongside that. If you leave, make sure your current visa actually allows you to return — the page directs applicants to VEVO to check whether they can return on the visa they hold. And if you applied from outside Australia, the page advises against arranging travel to Australia, leaving a job or selling a home until the Department advises in writing that the visa has been granted.
What if I'm already in Australia on another visa?
The official page flags an alternative rather than a workaround: 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). The two subclasses sit differently on the onshore/offshore line, and the Department's own 124 page sends onshore holders of an eligible visa to look at 858.
Assume an applicant is in Australia on a temporary skilled visa with eighteen months left and a Subclass 124 application already lodged. Nothing stops them remaining here while that other visa runs, but they must be outside Australia on the day the Department is ready to grant, and if the other visa expires first there is no bridging visa to fall back on. Whether resting on the temporary visa or exploring 858 eligibility is the better posture depends on facts the official page does not decide for you.
What happens at the decision itself?
The Department notifies the decision in writing, and you can be in or outside Australia at that point; only the grant requires you to be offshore. If the visa is granted, the notification gives your visa grant number, the date the visa starts, and any visa conditions, and the page advises keeping a copy of the decision. From the grant date you can travel to and from Australia for five years, after which a Resident Return visa (subclass 155 or 157) is needed to re-enter as a permanent resident; VEVO shows when the five years ends.
If the application is refused, the Department tells you why and whether you have a right to a review of the decision, and the application charge is not refunded.
Frequently Asked Questions
Can I lodge a Subclass 124 application from inside Australia?
No new applications are being accepted: the official page states this visa is closed to new applications. As a rule for applications already in the system, the page states you can be in or outside Australia when you apply, provided you are not in immigration clearance. Being onshore when you lodge does not change the separate requirement that you be outside Australia for the visa to be granted.
Do I need to notify the Department before travelling overseas while my application is pending?
No, not if you are in Australia. The official page says you do not have to tell the Department you want to travel outside Australia during processing, because you can be outside Australia when the decision is made. You should still confirm through VEVO that your current visa lets you return.
Can I get a bridging visa if my visitor visa expires while my Subclass 124 is pending?
No. The official page 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 on your application is made. The Subclass 124 application does not generate an onshore bridging pathway.
What happens if I am still in Australia when the Department is ready to grant the visa?
The grant cannot be made while you are onshore. The official page says you can be in or outside Australia when the decision is made, but you must be outside Australia if the decision is to grant, so you would need to have departed before that point.
Is there an onshore alternative if I'm already in Australia?
The Department's Subclass 124 page directs applicants who are in Australia and hold an eligible visa to consider their eligibility for the Distinguished Talent visa (subclass 858). The page does not itself compare the two, so eligibility needs to be checked against the official criteria for each.
Will the Department update me on progress while I wait?
The official page states that the Department does not give updates on applications. It directs applicants to check ImmiAccount to see whether more information has been requested, or to wait to be contacted.
How long can I travel after the visa is granted?
You can travel to and from Australia for five years from the date the visa is granted. After that you need a Resident Return visa (subclass 155 or 157) to re-enter as a permanent resident, and VEVO shows when the five-year period ends.