Australia offers various humanitarian and refugee visas for individuals seeking protection, each tailored to different circumstances. Those who enter Australia legally can apply for certain visas, while asylum seekers who arrive without a valid visa may be eligible for Temporary Protection Visas (subclass 785) or Safe Haven Enterprise Visas (subclass 790).
This guide outlines the different types of humanitarian and refugee visas available in Australia and the steps required to apply.
Types of Australia Humanitarian and Refugee Visas
There are several types of Australian visas in the Humanitarian and Refugee Immigration Program:
- Permanent Protection Visa – subclass 866.
- Temporary Protection Visa- subclass 785.
- Safe Haven Protection Visa- subclass 790.
- Refugee Visas- subclass 200, 201, 203, and 204.
- Global Special Humanitarian Visa- subclass 202.
| Visa Subclass & Name | Type | Where to Apply | Basic Eligibility | Main Conditions / Notes |
|---|---|---|---|---|
| Permanent Protection Visa (866) | Permanent | Onshore | Be a refugee or meets Australia’s complementary protection criteria and hold a valid visa. | Travel freely once granted, but must maintain travel documents. |
| Temporary Protection Visa (785) | Temporary | Onshore | Be a refugee or complementary protection status. | Holders cannot leave Australia without written permission.
Validity is limited; may need to reapply or switch to another pathway later. |
| Safe Haven Enterprise Visa (790) | Temporary | Onshore | Illegal arrival; no prior 785, 449, 786, or previous 790 visas. Must also have single citizenship, no third-party protection, and not be a transitory person. | Potential pathway to other visas if conditions (work/study) are met. |
| Refugee Visas (200, 201, 203, 204) | Permanent | Offshore | Recognized as needing Australia’s protection. | Allows applying for citizenship once eligibility met, and grants work and study rights. |
| Global Special Humanitarian Visa (202) | Permanent | Offshore | Have a sponsor (family or close relative). | Eventually eligible to apply for citizenship. |
Criteria for Complementary Protection
Persons who are not refugees but, may suffer significant harm if they return to their home country, meet the criteria for complementary protection. Significant harm is defined as:
- Risk of losing one’s life.
- Death sentence.
- Torture.
- Inhumane punishment.
- Degrading treatment.
You may be given this visa if you are a family member of someone who is under the complementary protection act.
Who Is Considered a Refugee?
According to Australia’s Migration Act 1958 an individual is considered a refugee if they are:
- Someone outside their country of citizenship.
- Someone with a “well-founded fear of persecution” and cannot return to their home country.
A “well-founded fear of persecution” is considered if the visa applicant:
- Fears for their safety due to these five reasons:
- Race.
- Religious belief.
- Nationality.
- Political opinion.
- Affiliation with a specific group.
- Fear of persecution in all areas in their country.
- Fear of serious harm and systematic and discriminatory conduct due to persecution in their country.
What Documents Do I Need for a Humanitarian and Refugee Visa?
You will need these documents for a humanitarian and refugee visa in Australia:
- Valid Passport. Provide a copy of your passport’s bio-data page (current and any expired passports if available).
- Visa Application Form. Each visa has a specific application form (paper or online).
- Recent passport-sized photographs (number may vary by visa).
- Biometrics (fingerprints, etc.) if requested.
- Family Certificates. Provide birth/marriage certificates or similar documents demonstrating family relationships.
- Health Requirements.
- Undergo required health examinations.
- You will receive a Health Identifier (HAP ID) after lodging your application.
- Good Character Documents. Police clearances or relevant background checks.
- Australia’s Values Statement. Read the relevant booklet about life in Australia and sign the statement affirming you will respect Australian laws and values.
- Copies of Earlier Visas. Any previous Australian visas or permits you’ve held.
- Form 956 or Form 956a.
- Form 956: If you use a registered migration agent and need them to act on your behalf.
- Form 956a: If you are authorizing someone else (a friend, lawyer, etc.) to receive communication from the Immigration Department on your behalf.
- For Humanitarian Visas:
- Proof of Humanitarian Circumstances. Documents detailing the nature of your humanitarian claim.
- If a child under 18 is traveling without one or both parents: Parental Consent Form 1229 or Statutory Declaration if Form 1229 isn’t applicable.
- Form 1257. Consent to grant an Australian visa to a child under 18.
- Form 842. Only for Global Special Humanitarian visa (Subclass 202) – detailed claims for why you need protection.
- For Protection visa: Protection Visa Application (Form 866). If applying on paper, complete Form 866 thoroughly. If applying online, use ImmiAccount. Provide detailed reasons for protection claims.
- For Safe Haven visa: Safe Haven Enterprise Visa Form. Answer all questions regarding your protection claims fully and honestly.
- For Temporary Protection visa: Protection Visa 785 application form. The form will contain detailed questions about why you need protection and it’s important that you answer all questions as honestly as you can.
How Do I Apply For a Humanitarian and Refugee Visa?
For a humanitarian and refugee visa you can apply online via the ImmiAccount. If you don’t already have an account, then you must register in order to proceed with your application. Once you open your online account you can find the corresponding visa application form and fill it in.
For most humanitarian visas, the application form will contain several questions regarding the protection claims and you should take care to answer the questions as best as you can.
If you cannot complete an online application you can apply by sending your application by post. However, for humanitarian visas (200, 201, 203, and 204) online applications are not feasible and paper applications are the only way of applying.
You must pay the visa fee in order to get your application processed, for both types of applications (online or paper) you are required to pay the fee through the ImmiAccount.
Australia Humanitarian and Refugee Visa Fees
The cost of a humanitarian and refugee visa depends on the visa type:
- Protection Visas- subclass 866, 785, and 790 cost AUD40.
- Humanitarian Visas- subclass 200, 201, 203, and 204 are free of charge.
- Global Special Humanitarian visa- subclass 202 is free of charge unless you are proposed under the Community Support Program.
What Can You Do With Humanitarian Visas?
| Aspect | Protection Visa (Subclass 866) | Safe Haven Enterprise Visa (Subclass 790) | Temporary Protection Visa (Subclass 785) |
|---|---|---|---|
| Validity | Permanent | Temporary, but may lead to future permanent residency if specific work/study/location conditions are met | Temporary |
| Travel Permissions | Yes, 5-year travel facility from grant date only with an Australian-issued travel document. | No, but may request permission only in very compelling circumstances. | No, but must request permission only in very compelling circumstances. |
| Work Rights | Yes | Yes, but may need to meet specific area/work requirements for certain future visa pathways. | Yes |
| Study Rights | Yes, up to 510 hours of free English language classes. | Yes | Yes, up to 510 hours of free English classes. |
| Bringing Family Members | Yes | No | No |
Frequently Asked Questions
Can I Return to My Country of Origin?
No, traveling to your country of origin is prohibited. A breach of this rule may result in the cancellation of the visa.
Is a Protection Visa a Humanitarian Visa?
Protection visas and humanitarian visas belong to the humanitarian and refugee migration scheme but, they are not the same visa. The visas will differ depending on how long they are valid for, on the requirements, the cost, and who is eligible for a protection visa, and who is eligible for a humanitarian visa.
Can I Bring Family Members With Me to Australia Under a Humanitarian and Refugee Visa?
It depends on what type of humanitarian visa you are applying for, you can sponsor family members to come to Australia if you have:
- A protection visa 866.
- A humanitarian visa 200, 201, 203, and 204.
- A global special humanitarian visa 202.
For other humanitarian visas, you can only include other family members if they are with you at the time of the application in Australia. However, you are required to submit any additional documentation for any family member that applies with you for humanitarian and refugee visas.
How Long Is an Australia Humanitarian and Refugee Visa Valid For?
Humanitarian and Refugee Visas are valid for several years:
- A temporary protection visa is valid for three years.
- A safe haven enterprise visa is valid for five years.
These protection visas are valid indefinitely:
- Protection Visa 866.
- Humanitarian visa 200, 201, 202, 203, and 204.
- Global Special Humanitarian visa 202.
Can I Stay Longer?
You can stay longer by applying for a subsequent humanitarian and refugee visa. You have to apply at least three months before your current visa expires and the department may extend your visa momentarily until your new application is approved.
This is only applicable if you have a temporary protection visa, permanent visas allow you to stay in Australia indefinitely.
How Long Does It Take to Get a Humanitarian and Refugee Visa for Australia?
Humanitarian and refugee visas are processed as soon as possible. However, protection visas may take several months to years to get finalized unless applicants belong to the fast-tracking assessment process (available only for visa subclass 785 and 790).
Can I Work With an Australia Humanitarian and Refugee Visa?
If you want to work with a humanitarian visa in Australia, you can work as long as your visa is valid (temporary visas). For a safe haven pathway work is required in order to be eligible for other visas.
Can I Study With an Australia Humanitarian and Refugee Visa?
You are allowed to study with a protection visa in Australia if you want. If you have a global special humanitarian visa, including visas 200, 201, 203, and 204, then you can attend free English language classes via the Adult Migrant English Program. With other visas, you have access to 510 hours of free classes.
Do I Get Access to State Services?
Persons who hold a humanitarian and refugee visa, have access to Australia’s government services. This includes:
- Medicare.
- Centrelink.
- Jobactive.
- Trauma Counselling (if you want).
Which Are the Safe Haven Enterprise Regional Areas in Australia?
All states in Australia are a part of the safe haven enterprise visa immigration programme and you can live anywhere in Australia with a safe haven protection visa.
However, in each state and territory, there are some areas included in the regional zone that holders of a SHEV visa can work and study for their visa pathway. These specific zones are marked by their postcodes.
According to the Australian Immigration Department, these are the regional areas for SHEV visa holders:
| Australian Regional Areas | Postcodes |
| New South Wales | 2311–2312, 2328–2411, 2420–2490, 2536–2551, 2575–2594, 2618–2739, 2787–2898 (excluding Syndey Newcastle, the Central Coast, and Wollongong.
2320–2323, 2415 (including Dungog Shire, Maitland City, and Mid-Coast Council Region). |
| Northern Territory | Includes all postcodes |
| Queensland | 4019–4022, 4037, 4114, 4118, 4119, 4124–4125, 4127–4133, 4157–4161, 4163–4165, 4183–4184, 4205, 4211, 4270–4272, 4275, 4280, 4285, 4287, 4300–4301, 4303–4305, 4307–4499, 4500–4511, 4512, 4514, 4515, 4519, 4521–4899. |
| South Australia | Includes all postcodes |
| Tasmania | Includes all postcodes |
| Victoria | 3211–3227, 3233–3234, 3236–3239, 3241–3243, 3249–3251, 3254, 3256, 3260, 3264–3287, 3289, 3293, 3301, 3303–3304, 3311,3314,3317–3319, 3321–3325,3328, 3334, 3340, 3342, 3345, 3350–3352, 3355–3357, 3360, 3361, 3363, 3373–3374, 3377, 3380–3381, 3384–3385, 3387–3388, 3390–3393, 3395–3396, 3400–3402, 3412–3414, 3418–3419, 3423–3424, 3460, 3463, 3465, 3467–3468, 3472, 3475, 3477–3478, 3480, 3485, 3487–3491, 3494, 3496, 3498, 3500–3501, 3505, 3507, 3509, 3512, 3516–3518, 3520, 3525, 3537, 3540, 3542, 3544, 3546, 3549–3551, 3555, 3557, 3559, 3561–3568, 3570–3571, 3572, 3573, 3575–3576, 3579–3581, 3583–3586, 3588–3591, 3594–3597, 3599, 3608, 3610, 3612, 3614, 3616, 3618, 3620, 3624, 3629–3631, 3633–3634, 3646, 3658, 3660, 3666, 3670–3673, 3677, 3683, 3685, 3687–3691, 3694–3695, 3711–3715, 3717–3719, 3726, 3747, 3749, 3778–3779, 3781, 3783, 3810, 3812–3816, 3818, 3820–3825, 3831–3833, 3835, 3840, 3842,3844, 3847, 3850–3852, 3854,3856–3860, 3862, 3864–3865, 3869–3871, 3873–3875 3878, 3880, 3882, 3885–3893, 3895–3896, 3898–3900, 3902–3904, 3909, 3922–3923, 3925, 3945, 3950–3951, 3953, 3962, 3966–3967, 3971, 3979, 3981, 3984, 3987–3992,3995–3996.
(Excluding Melbourne Metropolitan and some regional local government areas). |
| Western Australia | 6041–6044, 6055–6056, 6069, 6076, 6083–6084 6111, 6121–6126, 6200–6799 (Excluding Perth and some areas of the Pilbara and Goldfields-Esperance regions). |
You can live in another territory and work in an approved area for your pathway unless it’s specified by the department that your physical location must be in the same area.