Frequently asked questions

I have already been granted a TPV/SHEV. When and how do I apply for another one?

You should make a valid TPV or SHEV application before your current TPV or SHEV ceases. If you make an application for a protection visa while you still hold your TPV or SHEV, your visa and any associated benefits that you may be eligible for will remain in effect until your application is decided.

You can apply online through ImmiAccount before your current visa ceases. If you can’t apply online you can complete the paper Form 1505 – Application for a subsequent Temporary Protection visa or Safe Haven Enterprise visa and send it by post. Further details are available on our web page Applying for a subsequent protection visa.

When will I be invited to apply for a visa?

The Minister for Immigration and Border Protection has lifted the application bar for the majority of Irregular Maritime Arrivals (IMAs) in Australia and invited them to apply for a Temporary Protection visa (TPV) or a Safe Haven Enterprise visa (SHEV) in Australia.

You must lodge an application for a TPV or a SHEV to present your claims for protection and resolve your status in Australia before 1 October 2017.

IMAs who do not apply before 1 October 2017 are expected to depart Australia. IMAs will:

  • be barred from applying for any type of temporary or permanent visa in Australia
  • have permission to work, Medicare and access to education for school-age children while they make arrangements to depart.

At any time, we will assist IMAs who wish to voluntarily depart Australia to do so under the shortest possible timeframe.

Information on how to apply and the application forms are located in the Protection Application Information Guides.

What do I have to do to lodge my first protection visa application?

You can apply for a TPV or a SHEV online through ImmiAccount. Information about applying online is available on our web page Introduction of online lodgement for protection visas and changes to paper application forms.

If you cannot apply online, complete and lodge paper Form 866 – Application for a Protection visa (1MB PDF).

Information to help you choose whether to apply for a TPV or a SHEV is available in the PAIG: Visa options for illegal arrivals seeking protection.

More information on how to lodge your first visa application form is available in the PAIG: Lodging your protection visa application.

What do I have to do to lodge a subsequent protection visa application?

If you hold, or have ever held, a TPV or SHEV you can apply for a subsequent TPV or SHEV online through ImmiAccount. Information about applying online is available on our web page Introduction of online lodgement for protection visas and changes to paper application forms.

If you cannot apply online, complete and lodge paper Form 1505 – Application for a subsequent Temporary Protection visa or Safe Haven Enterprise visa. You must post this completed application form to:

IMA Protection Support
Department of Immigration and Border Protection
GPO Box 9984
SYDNEY NSW 2001

For your paper application Form 1505 to be considered valid, you must:

  • pay the visa application charge of $35 Australian Dollars
  • be in Australia
  • provide your residential address (this is the address at which you live)
  • provide personal identifiers if required (eg. digital photograph and fingerprints)
  • not be prevented from lodging an application because of any application bars
  • complete your application form
  • if applying for a SHEV you (or your family member), indicate an intention to work and or study in a regional area while accessing minimum social security benefits
  • post your application form to:

    IMA Protection Support
    Department of Immigration and Border Protection
    GPO Box 9984
    SYDNEY NSW 2001.

Information to help you choose whether to apply for a TPV or a SHEV is available on our web page PAIG: Visa options for illegal arrivals seeking protection.

More information on how to lodge a subsequent TPV or SHEV application is available on our web page Applying for a subsequent protection visa.

When should I lodge an FOI request?

You do not need to lodge a freedom of information (FOI) request to get documents you have already given us.

We have sent key information to IMAs who have been invited but are yet to lodge a visa application. Where the information exists we will provide a CD with a copy of your:

  • arrival interview (written and audio recordings)
  • previous application forms and supporting documents (including identity documents).

For most IMAs, these are the only documents we hold that are relevant to making an application and you should not need to request information under FOI.

After this information has been released, it is expected that you will lodge your TPV or SHEV application.

What can I do while my application is being processed?

It is important for you to keep your contact details current with us. This includes the address where you live and your phone number so we can contact you with important information about your immigration status. Remember, this is also a condition of holding a bridging visa and being able to live in the community.

Make sure that you have provided your most recent address and other contact details to us by calling 1300 728 662 with your name, date of birth, boat identification number, home address and contact phone number.

What does finally determined mean?

Your application for a protection visa will be finally determined when:

  • you were refused the grant of the visa and you have not sought merits review of that decision within the period allowed to seek merits review; or
  • the Immigration Assessment Authority (IAA) or the Administrative Appeals Tribunal have affirmed the decision to refuse to grant you the visa; or
  • you have been refused the grant of the visa and that decision cannot be reviewed at the IAA as you are an excluded fast track applicant.

Do I need a Temporary Protection visa before applying for a Safe Haven Enterprise visa?

No, you can apply directly for a Safe Haven Enterprise visa (SHEV) online through ImmiAccount.

If you cannot apply online you will need to complete and lodge a paper application form. If you are applying for your first temporary protection visa you will need to complete and lodge paper Form 866—Application for a protection visa.

If you hold, or ever held, a temporary protection visa (TPV or SHEV) then you will need to complete and lodge Form 1505 – Application for a subsequent Temporary Protection visa or Safe Haven Enterprise visa.

You can only apply for one of these visas at a time.

IMAs who have not yet applied for their first TPV or SHEV must lodge an application for a TPV or a SHEV to present their claims for protection and resolve their status in Australia before 1 October 2017.

You can get information on how to apply from the Protection Application Information and Guides.

Is it more difficult to meet the criteria for a SHEV compared to a TPV?

No. The requirements to be granted a SHEV are the same as the requirements for a TPV, with the exception that requires a SHEV applicant to indicate an intention to work without accessing Special Benefit payments and/or study in regional Australia. The SHEV and the TPV are for people who engage Australia's protection obligations and meet all other visa requirements, such as health, security and character.

A TPV will allow the holder to stay in Australia for up to three years and does not provide a pathway to certain other visas in Australia, such as skilled or family visas. A SHEV will allow the holder to stay in Australia for five years, requires the applicant to indicate an intention to work without accessing Special Benefit payments and/or study in regional Australia, and might provide a pathway to certain other visas in Australia.

What support arrangements are available to TPV and SHEV holders?

TPV and SHEV holders can work, get assistance with finding a job access Medicare, and receive social security benefits (Centrelink). They can also access short-term counselling for torture and trauma if you want, or other support services offered by the Department of Social Services.

Adult TPV and SHEV holders have access to 510 hours of education and training through the Adult Migrant English Programme (AMEP).

TPV and SHEV holders have permission to work and can access jobactive, a network of organisations funded by the Australian Government to provide employment services to job seekers and employers.

TPV and SHEV holders unable to find work will also be eligible for Special Benefit. Any work done by a SHEV holder while accessing Special Benefit, including Special Benefit ancillary payments, will not count towards meeting the SHEV pathway requirements.

Can I work and or study if I am granted a SHEV?

Yes.

SHEV holders can undertake study and school-aged children can attend primary and secondary schooling.

SHEV holders are able to attend university and TAFE (and similar institutions). However, SHEV holders are not eligible for Commonwealth funding for post-secondary study. If they want to study at a university or TAFE, they will be charged international student rates.

SHEV holders have permission to work and can access jobactive, a network of organisations funded by the Australian Government to provide employment services to job seekers and employers.

Only work or full-time study completed in a regional area will count towards meeting the SHEV pathway requirements. Any work done by a SHEV holder while accessing Special Benefit, including Special Benefit ancillary payments, will not count towards meeting the SHEV pathway requirements.

Can Special Benefit payments be received by the SHEV holder to support them while they work or study?

SHEV holders can receive Special Benefit payments at any time while holding their SHEV if they are found to be entitled to this benefit. However, to meet the pathway requirements, the following applies to Special Benefit payments:

Work requirement

To meet the SHEV pathways work requirement, any work a SHEV holder wants to have counted towards meeting the pathway must have been undertaken without receiving any Special Benefit payments.

Study requirement

The Special Benefit payments restriction does not apply to SHEV holders undertaking full-time study in regional Australia. They can receive Special Benefit payments or other financial assistance and have that study count towards meeting the SHEV pathway requirements.. However, people studying full time may not qualify for Special Benefit payments. Eligibility for Special Benefit payments is determined by the Department of Human Services.

Do I have to move to regional Australia if I am granted a SHEV?

No. As a SHEV holder, you can live, work or study wherever in Australia you choose. There are no penalties if you choose to remain living, working and/or studying in an area not included in the SHEV arrangements. However, if you do work and/or study in an area that is part of regional Australia under the SHEV arrangements, then that work and/or study could count towards meeting the SHEV pathway requirements.

Do I need to leave my job immediately and move to a regional area after I am granted a SHEV?

No. You don't have to leave your job immediately after SHEV grant to obtain employment and/or study in regional Australia. The requirement is that you work and/or study in regional Australia for three and a half years only. After you are granted a SHEV, you have some time to make arrangements to find work and/or study in regional Australia.

If you choose to voluntarily leave your current employment, you need to be aware that you may not be able to receive Special Benefit payments for a limited period. For more information, including a list of the mutual obligation requirements for all jobseekers, refer to the Department of Human Services: 'Penalties for not meeting your Mutual Obligation Requirements'.

What areas are considered regional Australia?

Areas defined as 'regional Australia' under the SHEV arrangements include postcodes nominated by a state or territory that has agreed to participate in the SHEV arrangements.

The list of the regional areas that are participating in SHEV arrangements can change over time. You should monitor this list for information about regional areas for the SHEV arrangements.

Can I live in an area not considered part of regional Australia under SHEV arrangements?

Yes. You can live in a different area to where you study or work, although in most cases people work or study in the same area where they live. The requirement to meet the pathways is not that you 'live' in that area, but that you work and/or study there.

What if the area I live in is not part of the SHEV programme yet?

You can apply for a SHEV, whether or not you are currently living in, or want to live in, an area that is part of regional Australia for the SHEV arrangements.

You will need to indicate in the SHEV application form that you intend to work and/or study in a regional area while accessing minimum social security benefits. You do not have to be currently living in regional Australia to apply for a SHEV. You do not have to live in a regional area if granted a SHEV. You only need to declare an intention on the application form.

If you work and/or study in an area that is not part of regional Australia for the SHEV arrangements, that work or study will not count towards meeting the SHEV pathway requirements. If the area later becomes part of regional Australia, the previous work and/or full-time study you have done there will count towards meeting the SHEV pathway requirements.

Does work or study in an area before that area is included in ‘Regional Australia’ count?

Yes. Work and/or full-time study undertaken by a SHEV holder in an area, prior to that area being specified as a regional area (for the purposes of the SHEV arrangements), will count towards the SHEV pathway requirements.

How do I demonstrate my intention to work or study in a regional area as part of applying for a SHEV?

When you apply for a Safe Haven Enterprise visa, there will be a declaration in your application that you, or a family member must complete indicating an intention to work and/or full-time study in a SHEV regional area.

Do I need to meet the SHEV work or study requirements or does my primary applicant?

To be eligible to apply for certain other visas in Australia, a SHEV holder will need to either:

  • meet the SHEV pathway requirements individually and apply separately for a visa, or
  • meet the SHEV pathway requirements and include their family as dependant applicants in the visa application, or
  • have a member of their family unit who has met the pathway requirements include them in their visa application as a dependant applicant.

Both primary applicants and their family members will need to meet the application requirements of the visa they apply for.

See Safe Haven Enterprise visa (SHEV) for more information.

Will I breach my visa conditions or will my SHEV be cancelled if I do not work in a SHEV area?

No. You can live, work and/or study anywhere in Australia you choose. Working and/or studying in regional Australia is not a condition of the SHEV.  If you do not work and/or study in regional Australia, this will not be a breach of your visa conditions and will not lead to your SHEV being cancelled. There are no penalties if a SHEV holder chooses to remain in an area not included in the SHEV arrangements.

However, if you do not work and/or study in regional Australia, you will not be able to meet the SHEV pathway requirements.

Will I automatically get a permanent visa because I hold a SHEV?

No.

As a SHEV holder, you will only be able to apply for certain other visas if you meet the SHEV pathway requirements. Information is available on our website about the SHEV pathway requirements, including which visas in Australia you can apply for once you meet this requirement is available on our web page Safe Haven Enterprise visas.

If you meet the SHEV pathway requirements and you apply for a visa in Australia (either temporary or permanent), you will need to satisfy all of that visa's requirements to be able to be granted that visa.