Condition 8558: The 12-Months-in-18 Rule for Visitors
Condition 8558, which Home Affairs calls "Non Resident", means the visa holder "must not stay in Australia for more than 12 months in any period of 18 months." It may be imposed on unsponsored Visitor visa (subclass 600) Tourist stream grants, but it isn't automatic, so check your grant letter or VEVO. Parents granted a visa valid for more than 12 months are told the same limit directly.
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This page covers the named condition: its exact wording, which visas carry it, and how to count your days. For the visa as a whole, see our complete guide to the Visitor visa (subclass 600). For stay periods in general, see how long you can stay on a tourist visa.
Quick facts
| Official name | 8558 - Non Resident |
| Legal text | "The holder must not stay in Australia for more than 12 months in any period of 18 months." |
| Where it is written | Schedule 8 of the Migration Regulations 1994 |
| Visas it may be put on | Unsponsored subclass 600 Tourist stream visas (clause 600.611(3)) |
| Automatic? | No. The law says it "may be imposed" |
| Stated outright for | Parents and step-parents of citizens or PRs granted a visa valid for more than 12 months |
| Frequent Traveller equivalent | Condition 8573: 12 months in any 24 |
| How to check | Your visa grant letter, or VEVO |
The exact wording
Home Affairs' visa conditions tool describes it this way:
"8558 - Non Resident: Cannot stay for more than 12 months in any 18 month period."
The legal version, in Schedule 8 of the Migration Regulations, reads:
"8558 The holder must not stay in Australia for more than 12 months in any period of 18 months."
It is a written visa condition. It is not an informal guideline, and it is not a rule about when you may arrive.
Is condition 8558 on your visa?
It depends on the grant. Clause 600.611(3) of the Migration Regulations sets the conditions for Tourist stream visas where the applicant was not sponsored:
"(a) conditions 8101 and 8201 must be imposed; and (b) conditions 8501, 8503 and 8558 may be imposed."
"May be imposed" means the department decides for each grant. Home Affairs' conditions tool for the Tourist stream lists 8558 among the conditions that "might be attached to this visa," alongside 8101 (No work), 8201 (Maximum 3 months study), 8501 (Maintain adequate health insurance), 8503 (No further stay) and 8531 (Must leave before visa expiry).
8558 is not on the mandatory list for any subclass 600 stream. The mandatory conditions for the sponsored Tourist stream, the Sponsored Family stream, the Business Visitor stream, the Approved Destination Status stream and the Frequent Traveller stream don't include it.
How to check
- Read your grant letter. Home Affairs says the decision tells you "your visa grant number; the date your visa starts; your visa conditions." If 8558 is there, it applies to you.
- Check VEVO. Home Affairs says: "Not sure which visa you have? Check your conditions (VEVO) or have a look at the visa grant letter you received." Our VEVO guide walks through the steps.
This page is about the subclass 600. Don't assume 8558 applies to an ETA or eVisitor. Check the conditions on your own grant.
Parents: the limit is written into the offer
The Tourist stream page tells parents and step-parents of Australian citizens or permanent residents that it may grant them a visa valid for more than 12 months, and then says: "You can't stay in Australia for more than 12 months in total in any 18 month period." If that is your situation, plan as though the limit applies, and confirm it on your grant letter. Our guide to the Visitor visa 600 for parents covers the rest of that visa.
How to count 12 months in any 18
Home Affairs' entry for 8558 gives no worked method. The legal words are "any period of 18 months", not "each calendar year" or "the first 18 months of your visa". The safe way to read that is as a rolling window: plan so that no 18-month stretch you can draw across your visits holds more than 12 months in Australia.
The department does give counting rules for the similar Frequent Traveller condition 8573 (12 months in any 24). Two of them are a sensible model for 8558 too:
- "Don't include any time you are out of the country in your calculations."
- "Any days you are in Australia must be included in your calculation, even if they are not consecutive."
One more official point: on a round trip cruise, "the time you spend on the cruise counts as time spent in Australia," and "A round trip cruise will not reset your stay period on your visa."
A worked example (hypothetical)
Say you are a parent holding a multiple-entry Tourist visa valid for more than 12 months, with condition 8558, and you make these trips, counted in whole months:
| Trip | Dates in Australia | Months |
|---|---|---|
| 1 | March to August 2027 | 6 |
| 2 | December 2027 to May 2028 | 6 |
Now you want to come back for 2 months in July and August 2028. Take the 18-month window from March 2027 to August 2028. It would hold 6 + 6 + 2 = 14 months, which is over the limit.
When can you come back? From September 2028, the window moves forward and the first trip starts dropping out. For the window from April 2027 to September 2028, the count is 5 (April to August 2027) + 6 + 1 (September 2028) = 12 months. As you stay on, each new month is matched by a month of trip 1 leaving the window. A trip from September 2028 to February 2029 (6 months) keeps every 18-month window at exactly 12 months. A seventh month, March 2029, would push the window from October 2027 to March 2029 to 13.
Two lessons from the example:
- Six months in, three months out fills every 18-month window exactly to 12 months. There is no margin.
- Build in a buffer. Months have different lengths, and the rule doesn't say how part-months are counted. Keep a few weeks under the limit instead of planning to the day.
Also check the stay period on your grant letter. Your visa can limit how long you stay after each entry, and that limit applies as well as 8558.
Condition 8558 is not the same as...
- Condition 8201. This is a study limit: "the holder must not engage, for more than 3 months, in any studies or training." It isn't a stay limit.
- Your stay period per visit. The grant letter sets how long you can stay, "the period or dates specified on the visa grant letter."
- The 12-consecutive-months rule for grants in Australia. Clause 600.215 stops a Tourist visa being granted in Australia, without exceptional circumstances, if you hold a visitor, working holiday, work and holiday or bridging visa and the grant would take you past 12 consecutive months in Australia. That rule decides whether a new visa can be granted. Condition 8558 is a rule you must follow once you hold the visa.
- Condition 8503 (No further stay) and condition 8531 (must not remain after your stay period). They can appear on the same grant, but they do different jobs.
The Frequent Traveller stream: condition 8573 (12 in 24)
The Frequent Traveller stream has its own rule with a longer window, so the same 12 months is spread across 24 months instead of 18. Condition 8573 is mandatory on that stream: "You must not stay in Australia for more than 12 months in any 24-month period." The visa can be granted for up to 10 years, with stays of up to 3 months each time you enter.
Home Affairs' 8573 method: write down the date you first arrived on the visa, count 24 months from that date, and make sure you haven't stayed more than 12 months in total in that range. It warns: "If you stay in Australia for more than 12 months in total in a 24-month period we might cancel your visa and apply a re-entry ban."
The stream is open by nationality: citizens of the People's Republic of China, Brunei, Cambodia, the Philippines, Laos, Indonesia, Malaysia, Singapore, Thailand, Vietnam and Timor-Leste. See our Frequent Traveller stream guide.
What happens if you go over
Home Affairs' 8558 entry doesn't spell out the consequences. For the Frequent Traveller version it says it "might cancel your visa and apply a re-entry ban," so treat 8558 as seriously.
It also matters for your next application. For any future subclass 600, the genuine visitor test looks at "whether the applicant has complied substantially with the conditions to which the last substantive visa... held by the applicant was subject." A breach of 8558 is the kind of history that factor looks at. Our guide to why Australian tourist visas are refused explains that test.
Separately, staying past the end of your permitted stay is an overstay. A re-entry ban may apply if you "overstay your visa by more than 28 days." Home Affairs says an exclusion period "may last for up to 3 years, although some people can be permanently excluded."
What this means for repeat visitors and parents
- Keep a travel log of every arrival and departure date. If you lose track, Home Affairs lets you request your international movement records.
- Plan the next trip before you book it. For each month of the planned trip, count back 18 months and add up your time in Australia. Every total must stay at 12 months or less.
- If you want to stay longer than 12 months at a time, a visitor visa is the wrong tool. Parents can look at the Sponsored Parent (Temporary) visa, subclass 870. The Tourist stream page itself points there: "If you want to stay longer than 12 months on each visit you might be eligible for a Sponsored Parent (Temporary) visa."
- You can't extend a subclass 600. To stay longer you must apply for a new visa, which is only possible in Australia if your visa has no condition such as 8503 blocking it. See how to stay longer on a tourist visa.
Frequently Asked Questions
Does every Australian visitor visa have condition 8558?
No. The law says 8558 "may be imposed" on unsponsored Tourist stream grants. It is not mandatory on any subclass 600 stream. Parents given a visa valid for more than 12 months are told the 12-in-18 limit applies. Check your own grant letter or VEVO.
How do I know if condition 8558 is on my visa?
Your grant letter lists your visa conditions, and VEVO shows them too. If you see "8558 - Non Resident," the 12-months-in-18 limit applies to you.
Is the 12-months-in-18 rule based on calendar years?
The wording doesn't mention calendar years. It says "any period of 18 months," so the safe approach is to treat it as a rolling window: make sure no 18-month stretch across your visits contains more than 12 months in Australia.
Does time on a round trip cruise count towards the 12 months?
Yes. Home Affairs says time on a round trip cruise "counts as time spent in Australia" and that such a cruise "will not reset your stay period."
Does condition 8558 apply to the Frequent Traveller stream?
No. The Frequent Traveller stream carries condition 8573 instead, which limits you to 12 months in any 24-month period, with up to 3 months per entry.
Is condition 8558 the same as condition 8201?
No. Condition 8201 limits study or training to 3 months. Condition 8558 limits your total time in Australia to 12 months in any 18.
