
RefugeeHumanitarian Visas
Every year, thousands of individuals apply for visas to enter Australia, each hoping to begin a new chapter in their lives. Whether it's for work, study, or a new life altogether, the immigration process can be long and complex, with numerous requirements to meet and hurdles to overcome.
For many visa applicants, the process can seem overwhelming, and it's easy to get lost in the endless paperwork, confusing regulations, and unexpected challenges that arise along the way. That's where an experienced immigration lawyer comes in.
An immigration lawyer is the only person who can truly guide you through the complex process of Australian immigration. They are trained to understand the intricacies of immigration law, and can provide expert advice on everything from the best visa category to apply for, to what documents you need to prepare, to how to handle unexpected complications that arise.
Moreover, immigration lawyers have the experience and expertise to navigate the often-unpredictable Australian immigration system, ensuring that you have the best possible chance of success. They can help you identify and overcome potential obstacles, as well as anticipate and prepare for the unexpected.
The truth is that every visa applicant must be fully prepared if they hope to successfully navigate the Australian immigration process. And while there are many resources available to help, an immigration lawyer is the only person who can provide the comprehensive, expert guidance and support that you need to succeed.
So, if you're planning to apply for a visa to enter Australia, don't leave your future to chance. Contact us today to speak with one of our experienced immigration lawyers and discover how we can help you achieve your immigration goals. With our support, you can be confident that you're fully prepared for the journey ahead.
VisaTypes
There are four visa subclasses included in the Refugee category of the Humanitarian Program. They are:
- Refugee (subclass 200)
- In-country Special Humanitarian (subclass 201)
- Emergency Rescue (subclass 203)
- Woman at Risk (subclass 204)
With this visa, you can
- stay in Australia permanently
- work and study in Australia
- enrol in Australia's public healthcare scheme, Medicare
- propose family members for permanent residence
- travel to and from Australia for 5 years
- if eligible become an Australian citizen
- attend free English language classes through the Adult Migrant English Program
How long you can stay
This is a permanent visa. It lets you stay in Australia indefinitely.
You become a permanent resident when you enter Australia.
For citizenship purposes, your permanent residence starts on the day you enter Australia on this visa.
Include family
You can also add certain family members to your application at any time before we decide on your application.
For this visa, your family are:
- your partner
- your dependent children
- your partner’s dependent children
- other relative who is a dependant
If your child is not dependent on you, they must apply for their own visa.
Family members who apply for the visa must meet our health and character requirements.
Family members who are not coming to Australia might also have to meet our health requirement.
It is important to declare all of your family members, even if they will not be applying with you.
If you do not declare a family member in your application, you may not be able to propose them for a refugee and humanitarian visa after you arrive in Australia.
Cost
There is no visa application charge for this visa
Apply from
You must be outside Australia when you apply. You must also be outside Australia when a visa is granted.
Processing times
The decision process could take many months, even years. The number of applications we receive for resettlement each year is far greater than available visas.
Your application could take longer if you need character or health checks (including chest x-rays), if you need to provide more information, or if your application is incomplete.
Processing times also vary according to individual and family circumstances, such as any health conditions that might require testing or treatment.
We will contact you at key stages of processing and when a decision is made.
Priority processing
We give priority to most vulnerable applicants:
- assessed as refugees by United Nations High Commissioner for Refugees (UNHCR), and
- referred to Australia for resettlement, or
- proposed by an immediate family member (for example, spouses and minor aged children) who has a Refugee category visa (subclasses 200,201,203 or 204)
Because of the limited number of resettlement places available each year and the high demand for them, we accept applicants in most compelling circumstances only.
Your obligations
You must enter Australia by the date on your visa.
You and your family members must obey all Australian laws.
Travel
You can travel to and from Australia for 5 years from the date we grant the visa. After 5 years you will need a Resident Return (RRV) visa (subclass 155) or (subclass 157) to re-enter Australia as a permanent resident.
With this visa, you can
- stay in Australia permanently
- work and study in Australia
- enrol in Australia's public healthcare scheme, Medicare
- propose family members for permanent residence
- travel to and from Australia for 5 years
- if eligible become an Australian citizen
- attend free English language classes through the Adult Migrant English Program
How long you can stay
This is a permanent visa. It lets you stay in Australia indefinitely.
You become a permanent resident on the day you enter Australia on this visa.
For citizenship purposes, your permanent residency starts on the day you enter Australia on this visa.
Include family
You can include family in your application when you apply. You can also add certain family members to your application at any time before we decide on your application.
For this visa, your family are:
- your partner
- your dependent children
- your partner’s dependent children
- other relative who is a dependant (partner, child, parent, sibling, grandparent, grandchild, aunt, uncle, niece, nephew or cousin)
If your child is not dependent on you, they must apply for their own visa.
Family members who apply for the visa must meet our health and character requirements.
Family members who are not coming to Australia might also have to meet our health requirement.
It is important to declare all of your family members, even if they will not be applying with you.
If you do not declare a family member in your application, you may not be able to propose them for a refugee and humanitarian visa after you arrive in Australia.
Cost
There is no visa application charge for this visa unless you are proposed under the Community Support Program by an Approved Proposing Organisation.
Apply from
You must be outside Australia and outside your country of origin when you apply for this visa.
Processing times and priorities
Many more applications are received under the Special Humanitarian Program (SHP) each year than the number of places available. Applicants who do not meet the Australian Government’s resettlement priorities are not likely to be successful.
The decision process could take many months. Your application can take longer to process if:
- you do not fill it in correctly
- you do not include all the documents we need, or we need more information from you
- it takes us time to verify your information
Priority groups within the SHP are:
- Your proposer is:
- an immediate family member (partner, dependent child or, if the proposer is not 18 or more years of age, the proposer's parent) who was granted a Class XB visa; or
- a relative (partner, child, parent, sibling, grandparent, grandchild, aunt, uncle, niece, nephew or cousin) who resides in a regional location and does not hold a Protection (XA-866) or Resolution of Status (CD-851) visa. Regional Australia is anywhere outside of Sydney, Melbourne and Brisbane.
- Your proposer is a close family member (partner, child, parent or sibling who does not meet the split-family eligibility criteria) and does not hold a Protection or Resolution of Status visa.
- Your proposer is an extended family member (grandparent, grandchild, cousin, aunt, uncle, niece or nephew) and does not hold a Protection or Resolution of Status visa.
- Your proposer is a friend or distant relative and does not hold a Protection or Resolution of Status visa, or is a community organisation.
- Your proposer holds a Protection or Resolution of Status visa.
If your proposer is an Australian citizen, we will process your application under priority group 2, 3 or 4 depending on your relationship to your proposer.
If your proposer submits an application while holding a Protection or Resolution of Status visa, once they become an Australian citizen, we will process your application in the order shown above.
Your obligations
You must enter Australia by the date on your visa.
You and your family members must obey all Australian laws.
Travel
You can travel to and from Australia for 5 years from the date we grant the visa. After 5 years you will need a Resident Return (RRV) visa (subclass 155) or (subclass 157) to re-enter Australia.
Visa label
We will digitally link your visa to your passport or other travel document. You will not get a label.
With this visa, you can
- live, work and study in Australia permanently
- access government services such as Medicare and Centrelink services
- sponsor eligible family members for permanent residence through the offshore Humanitarian Program
- travel to and from Australia for 5 years
- if eligible become an Australian citizen
- attend English language classes for free if you are eligible
How long can you stay
This is a permanent visa. It lets you stay in Australia indefinitely.
You become an Australian permanent resident on the day we grant the visa.
For Australian citizenship purposes, your permanent residence starts on the day we grant the visa.
Including family members
Members of the same family unit may apply together on the same application. They must:
- be in Australia at the time of application
- be eligible to apply for this visa
Members of the same family unit are:
- spouse or de facto partner of the family head
- dependent child or step-child of the family head
- dependent child or step-child of the family head’s partner
- other dependent relatives of the family head
The family head can be you. It can also be someone else in your family who has not applied for this visa.
A dependent child is a child or step-child who is under 18 years old. A dependent child can be 18 years old or older if they are:
- incapacitated for work due to loss of their bodily or mental functions; or
- wholly or substantially reliant on their parent or step-parent for financial, psychological or physical support
We do not consider a child or step-child of any age to be a dependent child if they are currently married, engaged to be married or in a de facto relationship.
Children who are not dependent children must apply for their own visa
Other dependent relatives may include relatives such as the family head’s:
- parent
- brother/sister
- grandparent/grandchild
- aunt/uncle
- cousin
- niece/nephew
- or step equivalent to any of the above
We consider a relative to be a dependent relative of the family head if they:
- do not have a spouse or de facto partner
- usually lives with the family head; and
- are wholly or substantially reliant on the family head for financial, psychological or physical support
Members of the same family unit applying for this visa must meet our health, character and security requirements.
Newborn child
If a child is born after you submit your application and before we make a decision on your application, the child will be taken to be included in that application. You must tell us as soon as possible by:
- completing Form 1022 Notification of change of circumstances (172KB PDF)
- providing a clear colour copy of their original birth certificate
- attaching them in ImmiAccount or sending them by post to the address where you sent your application. You will need to send a certified copy of the child’s birth certificate if you send it by post.
If a child is born in Australia, we automatically grant them the same visas their parents hold at the time of the child’s birth.
If either parent is an Australian citizen or Australian permanent resident at the time of the child’s birth, the child might be an Australian citizen by birth.
Cost
AUD40
Apply from
You must be in Australia when you apply for the visa.
Processing times
We aim to finalise protection visa applications as quickly as possible. This is a very complex process and will take some time. You can assist us in finalising your application by responding to any requests from us within the specified timeframes.
Your application can take longer to process if:
- you do not fill in your application in correctly
- you do not include all the documents we need
- we need more information from you
- you do not respond to requests for information quickly
- it takes us time to verify your information
Your obligations
You and your family members must obey all Australian laws.
Travel
You can travel to and from Australia for 5 years from the date we grant the visa. After 5 years you will need a Resident Return (RRV) visa (subclass 155) or (subclass 157) to re-enter Australia.
If you want to travel outside Australia, after we grant the visa, you should first contact any Australian Passport Office of the Department of Foreign Affairs and Trade to apply for a travel document
We recommend that you do not use the passport or travel document issued to you by your country of nationality. If you do so, we may consider that you are no longer in need of protection from your home country and we may cancel your visa.
Travel to the country from which we granted you protection
Travel condition 8559 applies to this visa.
If we grant you this visa, you and members of your same family unit, must not enter the country or countries from which we granted you protection unless we approve that entry in writing before you travel.
We will only give you approval to enter the country from which we granted you protection if there are compassionate or compelling circumstances justifying your travel.
If you enter the country from which we granted you protection without written approval, even for a short time, you will breach condition 8559. As a result, we might cancel your visa and the visas of members of your family unit.
Before you travel, see condition 8559.
Visa label
We will digitally link your visa to your travel document or ImmiCard. You will not get a label in your travel document.
With this visa, you can
- live, work and study in Australia temporarily for 3 years
- access government services such as jobactive, Medicare and Centrelink services
- access short-term counselling for torture and trauma when required
- attend English language classes for free if you are eligible
- travel overseas to countries other than your home country if you obtain our written approval to travel due to compassionate or compelling circumstances
How long you can stay
This is a temporary visa. It lets you stay in Australia for 3 years.
Stay longer
If we grant you this visa and you arrived in Australia on or after 14 February 2023, you may apply for a subsequent Temporary Protection visa (TPV) or a Safe Haven Enterprise visa (SHEV) before your current TPV expires. A subsequent TPV or SHEV will only be available to you if you still need Australia's protection and are not subject to any application bars.
Certain TPV holders may be eligible to apply for a permanent Resolution of Status (RoS) visa (subclass 851).
Apply from
You, and any members of your same family unit included in your application, must be in Australia when you apply for this visa.
Including family members
Members of the same family unit may apply together on the same application. They must:
- be in Australia at the time of application
- be eligible to apply for this visa
Members of the same family unit are:
- spouse or de facto partner of the family head
- dependent child or step-child of the family head
- dependent child or step-child of the family head’s partner
- other dependent relatives of the family head
The family head can be you. It can also be someone else in your family who has not applied for this visa.
A dependent child is a child or step-child who is under 18 years old. A dependent child can be 18 years old or older if they are:
- incapacitated for work due to loss of their bodily or mental functions; or
- wholly or substantially reliant on their parent or step-parent for financial, psychological or physical support
A child or step-child of any age is not considered to be a dependent child if they are currently married, engaged to be married or in a de facto relationship.
Children who are not dependent children must apply for their own visa.
Other dependent relatives may include relatives such as the family head’s:
- parent
- brother/sister
- grandparent/grandchild
- aunt/uncle
- cousin
- niece/nephew
- or step equivalent to any of the above
A relative will be considered a dependent relative of the family head if they:
- do not have a spouse or de facto partner
- usually lives with the family head; and
- are wholly or substantially reliant on the family head for financial, psychological or physical support
Members of the same family unit applying for this visa must meet our health, character and security requirements.
Newborn child
If a child is born after you submit your application and before we make a decision on your application, the child will be taken to be included in that application. You must tell us as soon as possible by:
- completing Form 1022 Notification of change of circumstances (172KB PDF)
- providing a clear colour copy of their original birth certificate
- attaching them in ImmiAccount or sending them by post to the address where you sent your application (you will need to send a certified copy of the child’s birth certificate if you send it by post)
If your child is born in Australia, they are automatically granted the same visas their parents hold at the time of the child’s birth.
If either parent is an Australian citizen or Australian permanent resident at the time of the child’s birth, the child may be an Australian citizen by birth. See the requirements for evidence of Australian citizenship.
Processing times
We aim to finalise TPV applications as quickly as possible. This is a very complex process and will take some time. You can assist us in finalising your application by responding to any requests from us in the specified timeframes.
Your application can take longer to process if:
- you do not fill in your application in correctly
- you do not include all the documents we need
- we need more information from you
- you do not respond to requests for information quickly
- it takes us time to verify your information
Fast Track Assessment process
We will assess your TPV or SHEV application under the Fast Track Assessment process if you:
- are an unauthorised maritime arrival
- entered Australia on or after 13 August 2012 and before 1 January 2014
- have never been taken to a regional processing country
We will also assess all subsequent TPV and SHEV applications made on or after 2 April 2019 under the Fast Track Assessment process.
The Minister may also decide to assess other applicants under the Fast Track Assessment process.
The Fast Track Process
The Fast Track Assessment process makes the visa application process for those seeking protection in Australia more efficient and effective.
If we have questions or concerns about your protection claims or other information from you, we will give you an opportunity to respond in writing or at interview. You will have limited time to give us new information or to respond to adverse information before we make a decision on your application. It is important that you respond and provide any new information within the timeframes we give you.
Review rights
Under the Fast Track Assessment process, you will not have access to merits review by the Administrative Appeals Tribunal (AAT), unless we refuse your TPV on character grounds.
If you do not engage Australia's protection obligations, you could get a limited form of merits review by the Immigration Assessment Authority (IAA). The Department will automatically refer your case to the IAA, unless you are an excluded fast track review applicant. You will not be eligible to seek merits review of your refusal decision if you are an excluded fast track review applicant.
The IAA will only consider information that was available to us when we made the decision to refuse your application. This includes the information you gave to us in your TPV application. You may be able to give new information to the IAA only in exceptional circumstances.
If we refuse your TPV application, your refusal letter will inform you of any merits review rights you may have.
Your refusal letter will tell you:
- if we have referred your case to the IAA directly, or
- how long you have to apply for review at the AAT, or
- that you are ineligible for merits review because you are an excluded fast track review applicant.
Excluded fast track review applicants
You will be an excluded fast track review applicant if you:
- have access to a safe third country where you can seek protection, or are a national of two or more countries
- entered Australia before and, while in Australia, applied for a protection visa and that application was either refused or withdrawn
- were refused protection in another country, including with the United Nations High Commissioner for Refugees (UNHCR)
- made 'manifestly unfounded' claims for protection (that is, your claims have no substance)
- gave us a bogus document as part of your protection visa application and do not have a reasonable explanation for doing so
We will tell you if you may fit one of these categories. We will give you an opportunity to comment and give us more information before we reach a decision that you are an excluded fast track review applicant.
If we decide that you are an excluded fast track review applicant and refuse your TPV application, you can't seek merits review of that decision.
Your obligations
You and members of the same family unit included in your application must meet all visa conditions and obey Australian laws.
See which conditions apply to this visa
Travel
Waiting for your TPV application to be decided
If you leave Australia before we decide your TPV application, your bridging visa will expire and you will not be allowed to re-enter Australia, unless you hold another valid visa.
If you hold a Temporary Protection visa
If we have granted you a Temporary Protection visa, visa condition 8570 (Restricted travel) applies to your visa.
Visa condition 8570
Visa condition 8570 (Restricted travel) restricts your right to travel. You can't travel to your home country under any circumstances and you can only enter any other country if you have compassionate or compelling reasons for travel and we have given you written approval to travel before you leave Australia.
If you travel overseas without the Department’s written approval, you will breach visa condition 8570, and we may cancel your visa (and the visas of members of your family unit) while you are offshore.
For more information, see Leaving Australia.
Visa label
We will digitally link your visa to your travel document or ImmiCard. You will not get a label in your travel document.
Withdraw your application
If you hold a bridging visa and withdraw your Temporary Protection visa application before we make a decision, you may be prevented from applying for a TPV or a Safe Haven Enterprise visa, and your bridging visa will expire 35 days after you withdraw your application.
You may withdraw your Temporary Protection visa application in writing at any time before we make our decision.
Your request must include:
- your full name
- date of birth
- details of the application you are withdrawing
Any additional applicants who are 18 years of age or older must sign the letter of withdrawal or send a separate email or letter withdrawing their application.
With this visa, you can
- live, work and study in Australia temporarily for 5 years
- access government services such as jobactive, Medicare and Centrelink services
- access short-term counselling for torture and trauma when required
- attend English language classes for free if you are eligible
- travel overseas to countries other than your home country if you obtain our written approval to travel due to compassionate or compelling circumstances
- apply for certain other visas in Australia, including permanent visas such as skilled and family visas (but not a permanent Protection visa) if you meet the Safe Haven Enterprise visa pathway requirements
How long you can stay
This is a temporary visa. It lets you stay in Australia for 5 years.
Stay longer
If we grant you this visa on or after 14 February 2023, you must apply for subsequent Safe Haven Enterprise visa (SHEV) or a Temporary Protection visa (TPV) before your current SHEV expires, if you still need Australia's protection and are not subject to any application bars.
SHEV and TPV holders and former holders who arrived in Australia before 14 February 2023 may be eligible to apply for a permanent Resolution of Status (RoS) visa (subclass 851).
You may also be able to apply for certain other visas in Australia, including permanent visas such as skilled and family visas (but not a permanent Protection visa) if you meet the Safe Haven Enterprise visa pathway requirements and the specific requirements to apply for any particular visa.
Apply from
You, and any members of your family unit included in your application, must be in Australia when you apply for this visa.
Including family members
Members of the same family unit may apply together on the same application. They must:
- be in Australia at the time of application
- be eligible to apply for this visa
Members of the same family unit are:
- spouse or de facto partner of the family head
- dependent child or step-child of the family head
- dependent child or step-child of the family head’s partner
- other dependent relatives of the family head
The family head can be you. It can also be someone else in your family who has not applied for this visa.
A dependent child is a child or step-child who is under 18 years old. A dependent child can be 18 years old or older if they are:
- incapacitated for work due to loss of their bodily or mental functions; or
- wholly or substantially reliant on their parent or step-parent for financial, psychological or physical support
A child or step-child of any age is not considered to be a dependent child if they are currently married, engaged to be married or in a de facto relationship.
Children who are not dependent children must apply for their own visa.
Other dependent relatives may include relatives such as the family head’s:
- parent
- brother/sister
- grandparent/grandchild
- aunt/uncle
- cousin
- niece/nephew
- or step equivalent to any of the above
A relative will be considered a dependent relative of the family head if they:
- do not have a spouse or de facto partner
- usually lives with the family head; and
- are wholly or substantially reliant on the family head for financial, psychological or physical support
Members of the same family unit applying for this visa must meet our health, character and security requirements.
Newborn child
If a child is born after you submit your application and before we make a decision on your application, the child will be taken to be included in that application. You must tell us as soon as possible by:
- completing Form 1022 Notification of change of circumstances (172KB PDF)
- providing a clear colour copy of their original birth certificate
- attaching them in ImmiAccount or sending them by post to the address where you sent your application (you will need to send a certified copy of the child’s birth certificate if you send it by post)
If your child is born in Australia, they are automatically granted the same visas their parents hold at the time of the child’s birth.
If either parent is an Australian citizen or Australian permanent resident at the time of the child’s birth, the child may be an Australian citizen by birth See the requirements for evidence of Australian citizenship.
Processing times
We aim to finalise SHEV applications as quickly as possible. This is a very complex process and will take some time. You can help by responding to any of our requests in the specified timeframes.
Your application can take longer to process if:
- you do not fill in your application correctly
- you do not include all the documents we need
- we need more information from you
- you do not respond to requests for information quickly
- it takes us time to verify your information
Fast Track Assessment process
We will assess your application under the Fast Track Assessment process if you:
- are an unauthorised maritime arrival
- entered Australia on or after 13 August 2012 and before 1 January 2014
- have never been taken to a regional processing country
We will also assess all subsequent TPV and SHEV applications made on or after 2 April 2019 under the Fast Track Assessment process.
The Minister may also decide to assess other applicants under the Fast Track Assessment process.
The Fast Track process
The Fast Track Assessment process makes the visa application process for those seeking protection in Australia more efficient and effective.
If we have questions or concerns about your protection claims or other information from you, we will give you an opportunity to respond in writing or at interview. You will have limited time to give us new information or to respond to adverse information before we make a decision on your application. It is important that you respond and provide any new information within the timeframes we give you.
Review rights
Under the Fast Track Assessment process, you will not have access to merits review by the Administrative Appeals Tribunal (AAT), unless we refuse your SHEV on character grounds.
If you do not engage Australia's protection obligations, you could get a limited form of merits review by the Immigration Assessment Authority (IAA). The Department will automatically refer your case to the IAA, unless you are an excluded fast track review applicant. You will not be eligible to seek merits review of your refusal decision if you are an excluded fast track review applicant.
The IAA will only consider information that was available to us when we made the decision to refuse your application. This includes the information you gave to us in your SHEV application. You will able to give new information to the IAA only in exceptional circumstances.
If we refuse your SHEV application, your refusal letter will inform you of any merits review rights you may have.
Your refusal letter will tell you:
- if we have referred your case to the IAA directly, or
- how long you have to apply for review at the AAT, or
- that you are ineligible for merits review because you are an excluded fast track review applicant.
Excluded fast track review applicants
You will be an excluded fast track review applicant if you:
- have access to a safe third country where you can seek protection, or are a national of two or more countries
- entered Australia before and, while in Australia, applied for a protection visa and that application was either refused or withdrawn
- were refused protection in another country, including with the United Nations High Commissioner for Refugees (UNHCR)
- made 'manifestly unfounded' claims for protection (that is, your claims have no substance)
- gave us a bogus document as part of your protection visa application and do not have a reasonable explanation for doing so
We will tell you if you may fit one of these categories. We will give you an opportunity to comment and give us more information before we reach a decision that you are an excluded fast track review applicant.
If we decide that you are an excluded fast track review applicant and refuse your SHEV application, you can't seek merits review of that decision.
Your obligations
You and the members of your same family unit included in your application must meet all visa conditions and obey Australian laws.
As a Safe Haven Enterprise visa holder, you can live, work or study anywhere in Australia. There are no penalties if you chose not to live, work or study in a SHEV regional area.
If you do not work or study in a SHEV regional area, you will still be able to apply for another SHEV or a Temporary Protection visa if you need Australia's protection.
Travel
Waiting for your SHEV application to be decided
If you leave Australia before we decide your SHEV application, your bridging visa will expire and you will not be allowed to re-enter Australia.
If you hold a SHEV
If we have granted you a SHEV, visa condition 8570 (Restricted travel) applies to your visa.
Visa condition 8570 (Restricted travel)
Visa condition 8570 (Restricted travel) restricts your right to travel. You can't travel to your home country under any circumstances and you can only enter any other country if you have compassionate or compelling reasons for travel and we have given you written approval to travel before you leave Australia.
If you travel overseas without the Department’s written approval, you will breach visa condition 8570, and we may cancel your visa (and the visas of members of your family unit) while you are offshore.
For more information, see Leaving Australia.
Visa label
We will digitally link your visa to your travel document or ImmiCard. You will not get a label in your travel document.
Meeting the SHEV pathway requirements
With this visa, any work or full-time study that you do in a SHEV regional area may count towards meeting the pathway requirements to apply for some other visas in Australia (but not a permanent Protection visa).
There are no penalties if you chose not to live, work or study in SHEV regional areas.
If you do not work or study in a SHEV regional area, you will not be able to meet the SHEV pathway requirements to apply for other visas. You will be able to apply for another SHEV or a Temporary Protection visa if you still need Australia's protection and are not subject to any application bars.
Withdraw your application
If you hold a bridging visa and withdraw your SHEV application before we make a decision, you may be prevented from applying for a SHEV or a Temporary Protection visa, and your bridging visa will expire 35 days after you withdraw your application.
You may withdraw your SHEV application in writing at any time before we make our decision.
Your request must include:
- your full name
- date of birth
- details of the application you are withdrawing
Any additional applicants who are 18 years of age or older must sign the letter of withdrawal or send a separate email or letter withdrawing their application.
Overview
The Australian Government has fulfilled its election commitment to make Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders eligible to apply for a permanent Resolution of Status (RoS) visa.
Providing permanent residence to TPV and SHEV holders empowers them to move forward with their lives. It increases their ability to contribute to Australian society. Permanent residency will enable TPV/SHEV holders to:
- gain secure employment
- grow businesses
- study more easily
- sponsor eligible family members to Australia, and
- eventually become an Australian citizen.
Anyone who has submitted a TPV or SHEV application before 14 February 2023 that has not been finally determined, has had the existing application automatically converted to a RoS visa application. This includes subsequent TPV or SHEV applications.
Current TPV and SHEV holders who had not submitted a subsequent TPV or SHEV application before 14 February 2023 can apply for a RoS visa online via ImmiAccount. They must apply before their current TPV or SHEV ceases to remain lawful.
We are committed to supporting the transition to a Resolution of Status visa for those who held or have applied for a TPV or SHEV before 14 February 2023. We expect that we will grant the majority of TPV/SHEV holders who meet the requirements for the grant of a RoS visa within 12 months of processing commencement.
Persons with any concerns about their eligibility to apply for a RoS visa can contact specialist community legal service providers (listed in the Factsheet below). They can also contact the Department’s Status Resolution Service for assistance.
With this visa, you can
- live, work and study in Australia permanently
- access government services such as Medicare and Centrelink services
- access short-term counselling for torture and trauma if required
- sponsor eligible family members for permanent residence through the family visa stream of the Migration Program
- travel to and from Australia for 5 years
- if eligible, become an Australian citizen
- if eligible, attend English language classes for free.
Requirements
All applicants need to meet health, character and security requirements. Any applicants aged 18 or over must sign the Australian Values Statement.
There is no protection obligations assessment required for the RoS visa. You will not need to attend an interview.
Converted TPV or SHEV applications
If you applied for an initial TPV or SHEV before 14 February 2023 you do not need to apply for a RoS visa. If we find that you meet the criteria for the TPV or SHEV, the Department will automatically convert your application to an application for a RoS visa. The Department will notify you if you have been granted a RoS visa.
You do not need to apply for a RoS visa if you hold a TPV or SHEV and have applied for a subsequent TPV or SHEV before 14 February 2023. The Department has automatically converted your application to an application for a RoS visa. If we find that you meet the criteria for the RoS visa we will grant you a RoS visa. The Department will notify you if we have granted you a RoS visa.
Current TPV and SHEV holders (with no application before the Department)
Current TPV and SHEV holders who had not submitted a subsequent TPV or SHEV application before 14 February 2023 can apply for a RoS visa. You must apply before your current TPV or SHEV ceases to remain lawful.
You must apply for a RoS visa online via ImmiAccount.
Online applications for a RoS visa include the notification of an application bar lift (as unauthorised maritime arrivals are otherwise subject to the application bar in section 46A of the Migration Act 1958).
If you are having difficulties lodging online, see the Technical help page for assistance with ImmiAccount technical issues. If you are still unable to lodge your application you can contact our Global Service Centre, or the legal service provider in your state or territory for free assistance. See the RoS visa factsheet for a list of providers.
There are limited circumstances where we will authorise applicants to lodge a RoS visa application using the paper application form (including verified ImmiAccount systems issues).
Extending your TPV or SHEV
We will extend the TPV/SHEV of current TPV or SHEV holders who make a valid application for a RoS visa until we have made a decision on the RoS visa. To ensure that your TPV or SHEV is extended and that you remain lawful, you must apply for a RoS visa before it ceases.
If you are currently unlawful
If you are currently an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, note that an application for a RoS visa is also an application for a bridging visa.
For current TPV or SHEV holders, you must apply for a RoS visa before your TPV or SHEV ceases.
How long can you stay
This is a permanent visa. It lets you stay in Australia indefinitely.
You become an Australian permanent resident on the day we grant your visa.
For Australian citizenship purposes, your permanent residence starts on the day we grant your visa.
Including family members
Family members may apply together on the same application form. Each applicant must meet the requirements in their own right for the grant of the visa.
Newborn child
If a child is born after you submit your application and before we make a decision on your application, we will include the child in that application. You must tell us as soon as possible by:
- completing Form 1022 Notification of change of circumstances (172KB PDF)
- providing a clear colour copy of the child's original birth certificate, and
- attaching these documents in ImmiAccount or sending them via email to the address provided in your RoS visa or subsequent TPV or SHEV application acknowledgement letter.
If a child is born in Australia, they are automatically granted the same visa their parents hold at the time of the child’s birth.
If either parent is an Australian citizen or Australian permanent resident at the time of the child’s birth, the child may be an Australian citizen by birth.
Cost
Nil
Apply from
You must be in Australia when you apply for the visa.
Processing times
The Department will process the majority of the caseload within 12 months of processing commencement.
You can assist us in finalising your application by responding to any requests from us within the specified timeframes.
Your obligations
You and your family members must obey all Australian laws.
Travel
There are no travel restrictions on the Resolution of Status visa.
You can travel to and from Australia for 5 years from the date we grant the visa. After 5 years you will need a Resident Return visa (RRV) to re-enter Australia.
If you want to travel outside Australia after we grant the visa and you do not have a current passport, you should first contact any Australian Passport Office of the Department of Foreign Affairs and Trade to apply for a travel document.
Fact sheet
A fact sheet with useful information about the Resolution of Status visa process is available below in the following languages:
Visa label
We will digitally link your visa to your travel document or ImmiCard. You will not get a label in your travel document.
Irregular travel to Australia
The Government remains committed to Operation Sovereign Borders. Australia’s border protection policies have not and will not change. Any person who attempts to travel to Australia irregularly will not settle permanently here.
- Anyone who attempts to travel to Australia by voyage without a valid visa will be turned back to their point of departure, returned to their home country or transferred to another country.
- Australia's tough border protection policies are designed to protect Australia's borders, combat people smuggling and deter people from attempting dangerous boat voyages across the open ocean.
The Government’s policy on transitory persons remains unchanged. Transitory persons will not settle in Australia. We encourage them to engage in third country migration options including:
- resettlement in the United States or New Zealand or private sponsorship in Canada, or
- Assisted Voluntary Return (AVR) home or to another country in which they have right of entry.
Alternatively, please complete the following form and one of our team members will promptly follow up with you within one business day. We value your interest in our services and look forward to providing you with the information and support you need to achieve your goals. Our team of dedicated professionals is committed to delivering the highest level of service to our clients, and we are confident that you will be pleased with the quality and responsiveness of our team. Thank you for considering Australia Migration Centre for your needs, and we look forward to hearing from you soon.