Safe Haven Enterprise Visa (Subclass 790) [“SHEV”] is a protection visa for persons who have arrived in Australia illegally. With this visa, you may be allowed to temporarily stay in Australia for up to 5 years. To provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions, the Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Instrument”] was passed to amend the Migration Regulations 1994 and accordingly, provisions regarding Subclass 790 were amended.
COVID-19 concessions
From 19 September 2020, COVID-19 concessions apply to eligibility requirements for prospective applicants for Subclass 790 visa. Accordingly, visa holders and former visa holders have concession from the 42-month requirement irrespective of being unemployed, receiving payments for special benefit, or working outside the specified regional area.
Eligibility for SHEV Application
You must:
- be ineligible to apply for a Permanent Protection visa (Subclass 866)
- meet identity requirements
- meet health and character requirements
- meet security requirements, and
- sign a declaration that you intend to work or study in regional Australia
It may interest you to know that there are three protection visas provided by the Migration Act 1958 (Cth) and related Regulations: Permanent Protection Visa (Class XA) (Subclass 866), Temporary Protection Visa (Class XD) (Subclass 785) and the SHEV.
General Eligibility for Protection Visas
You must:
- be in Australia; and
- be a refugee; or
- engage in Australia’s protection obligations; and
- meet all other requirements for the visa.
Further, as per Section 5H(1) of the Migration Act a refugee is defined as:
“(a) in a case where the person has a nationality – is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or
(b) in a case where the person does not have a nationality – is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.”
Thus, in order to be called a refugee, you must have a well-founded fear of persecution and serious harm because of your race, religion, nationality, membership of a particular social group, or political opinion because of which you do not want to return to your home country.
Bar for Subclass 790 Visa Application
You will not be eligible to make a valid SHEV application if you:
- are an unauthorised maritime arrival, or
- have been refused immigration clearance after your arrival to Australia, or
- have had protection visa refused or cancelled since your last arrival to Australia, or
- hold nationality of 2 or more countries, or
- have protection in a prescribed safe third country, or
- hold or have held a Humanitarian Stay (Temporary) Visa (Subclass 449) since your last arrival to Australia and are not an unauthorised maritime arrival or a transitory person.
However, please know that the Minister is empowered to make decisions on the application and accordingly, may lift any application bar if the Minister determines it to be in the public interest.
Advantages of Subclass 790 visa
- Stay in Australia for upto 5 years
- Work and study in Australia
- Have access to government services such as Medicare and Centrelink
If you facing any migration issues or want to know more protection visas, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents who can help you.
