Subclass 785 requirements, eligibility, application process and FAQs

Australia issues temporary protection visas-subclass 785, within its refugee immigration programme aiming to help persons under persecution who entered Australia illegally.

There are several conditions applicants must fulfill for this visa application and some restrictions they have to keep in mind after they get this visa.

What Is an Australia Protection Visa 785?

This is a temporary Australian protection visa given to persons who fulfill the protection requirements. A temporary protection visa 785, is issued to those that entered Australia illegally and cannot meet the criteria for a permanent protection visa 866.

Who Is Eligible for an Australia Protection Visa 785?

Eligible individuals for this visa are everyone who:

  • Are refugees.
  • Meet the criteria for Australia’s complementary protection.
  • Entered Australia illegally and are staying without a valid visa.

You have to be in Australia in order to apply for this visa, and your visa may be affected by whether you were refused a protection visa before or not.

You are also eligible for this visa if you are a family member of someone who already fulfills the requirements for a 785 visa.

How Do I Meet the Criteria for Complementary Protection in Australia?

You have to show that even if you are not considered a refugee you may suffer serious harm if you were to return to your home country:

  • You may be at risk of losing your life.
  • You may be at risk of facing the death penalty.
  • You may suffer torture at the hands of a third party.
  • You may be at risk of inhumane treatment or punishment.

Requirements for a Temporary Protection Visa 785

Include the following in your temporary protection visa application:

  • Copy of your passport. You have to provide valid identification documents, and if you can a valid copy of your passport bio page. You may also be required to submit a national ID card, a birth certificate, a driver’s license, and any document proving your name change (if applicable).
  • 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.
  • Copy of a previous visa. If you held a previous visa or residence permit, then you must provide a certified copy of your visa/permit.
  • Fingerprints and passport photographs.
  • Documents proving the character requirements.
  • Proof of relationship. This can include lease agreements, joint ownership, joint custody if you have a child, and so on.
  • Health Requirements. You have to attend several health examinations in order to meet the health requirements set out by the Immigration Office. These examinations are conducted by Bupa medical services, and after you lodge your application you will receive a health identifier (HAP ID) on how to arrange your check-up.
  • Sign Australia’s Values Statement.
  • If you are applying with your family members, you must also include these documents:
  • Current or expired passports with a clear photograph.
  • Birth certificates.
  • National IDs.
  • A driver’s licence (if applicable).
  • Certificate of name change (if applicable).
  • Marriage certificates or proof of relationship.
  • Documents related to their financial state.
  • Proof for dependents over 18.
  • Any other supporting documentation.

Eligibility Requirements

In order to get a temporary protection visa, visa applicants must also fulfill these requirements:

  • You have to be an illegal entrant in Australia (you don’t have a valid visa).
  • You are an unauthorised maritime arrival (in some cases).
  • You aren’t cleared by Immigration when you enter Australia.
  • You hold or held previously one of the following:
  • You aren’t a transitory person.
  • Your previous protection visa was not refused or canceled since you entered Australia lastly.
  • You don’t hold more than one citizenship.
  • You don’t have the protection of another country.

How to Apply for a Temporary Protection Visa?

For online applications you need to:

  1. Open an ImmiAccount.
  2. Prepare your documents.
  3. Submit your application.
  4. After you apply.

Open an ImmiAccount

In order to apply online for an Australia protection visa, you must use the online service(ImmiAccount). Through the online service, you can select the visa form that corresponds to your visa and fill it in with accurate information.

Prepare Your Documents

After you completed your visa application form then you can start submitting your documents to the ImmiAccount. Your documents need to be copies of the original documents and scanned versions so you can attach them to the online service. Moreover, your documents have to be in English or translated into English by a verified translator.

Submit Your Application

You can submit your visa application after you’ve attached all the required documents and filled in the visa form. After you apply, the Immigration Office will send you a confirmation letter to let you know they’ve received your application.

After You Apply

In order for you to stay lawful in Australia, the Immigration Office may issue you a bridging visa until your protection visa application is processed. They will also let you know if they want to interview you about your visa application.

Paper Applications

You can also apply for a temporary protection visa 785 with a paper application. You have to download the visa form and fill it in and send it by post to the Immigration Office. You are not required to send original documents except for the police clearance certificate but, your documents have to be certified by an authorised person.

You can find more details on how to certify documents for a paper application and the document guidelines for an online application here.

Temporary Protection Visa Processing Time

Temporary protection visas are processed at different times. The Australian authorities try to finish the processing time as soon as it’s possible; some applications may fall under the fast track assessment process:

  • Applications made by unauthorised maritime arrivals.
  • Applications made after the 13th of August 2012 and before January 1st, 2014.
  • Applications made by individuals who were never taken to a regional processing country.

How Much Does a Temporary Protection Visa Cost?

A temporary visa 785 costs AUD40. It’s important that you pay the application fee before you submit your application because the Department won’t take your application into consideration without the visa fee.

How Long Is a Protection Visa 785 Valid For?

This visa is only valid for three years. You may be eligible for a subsequent temporary protection visa, or a safe haven enterprise visa if after three years you still need Australia’s protection. You have to re-apply through the ImmiAccount service and wait for your new visa.

Can I Stay Longer With a 785 Visa?

When your temporary protection visa expires you may apply for a subsequent temporary protection visa or safe haven enterprise visa. It’s important that you check your visa expiry date so you can apply for a new visa before your current one expires. While the department processes your new visa application your momentary visa will be extended.

Can I Include My Family Members With Me on a Protection Visa?

You can include any family members in your visa application if they are in Australia with you at the time of application and they are:

  • The family’s head spouse.
  • The family’s head registered partner.
  • A dependent child or step-child on the family head.
  • Other family members who are dependent on the family head:
    • Parent.
    • Siblings.
    • Grandparents.
    • Grandchildren.
    • Aunts and Uncles.
    • Cousins.
    • Nieces and Nephews.
    • Anyone who is a step-someone equivalent to those above.

Children over 18 can apply with you only if they are considered dependent on the family head:

  • They are unable to financially support themselves due to injures or mental limitations.
  • They are completely dependent on their parent/legal guardian for social and physical support.

The family head could be the person who is applying for this visa or anyone else in the family unit. All family members who apply for this visa are required to fulfill the health and character requirements.

New Addition to the Family

You have to let the Immigration Office know immediately in case a child is born after you applied for this visa. You must complete this form and either attach it to the ImmiAccount or send it by post. Your child will either be a part of the application or will receive the same visa that the parents hold at the time of the birth.

Can I Travel With a Protection Visa 785?

You cannot travel with a temporary protection visa 785. If you want to travel to another country you must have explicit permission from the Australian government. In order to get travel approval, you must have a very compelling reason why you want to travel outside of Australia.

With a 785 visa, you are not allowed to enter the country you are seeking protection from in any way. If you violate these travel restrictions your visa may be canceled as well as your family members’ visa.

Can I Work With a Temporary Protection Visa?

You are free to work with a temporary protection visa as long as your visa is valid.

Can I Study With a Protection Visa?

Holders of a temporary protection visa can study for the duration of their visa, they may also attend free English classes up to 510 hours if they wish to do so.

Can I Bring My Family Members to Australia With a Temporary Protection Visa?

You cannot sponsor family members who are overseas to join you with this visa.

What Should I Do If My Application for a Temporary Protection Visa Is Denied?

If your application for a temporary protection visa is denied, you can apply for a review of the visa decision at the Administrative Appeals Tribunal (AAT). You have less than a month to send a review request of the denial decision.

However, if your visa is processed under fast-tracking assessment, you are not allowed to send a review request to the Administrative Appeals Tribunal (AAT) unless your visa was rejected because you failed the character requirements.

In some cases, the Department will send your application for review directly to the Immigration Assessment Authority (IAA). The IAA will only take into account the information you provided initially on your application and the information provided by the Immigration Office regarding their denial decision.

Your refusal letter will contain all the information you need to know about reviewing the denial decision:

  • Information whether your case was sent to the IAA immediately.
  • The time frame you can use to send your review request to the AAT.
  • Information whether you are eligible for a review or not.

Temporary Protection Visa 785 Cancellation

Your temporary protection visa 785 may get canceled if you violate these visa conditions:

  • Condition 8503. This ‘no further stay’ condition doesn’t allow you to apply for another visa unless you are applying for another protection visa.
  • Condition 8565. You have to let the department know within 28 days if you change your address.
  • Condition 8570. This condition doesn’t allow you to travel outside Australia unless you have written approval from the Immigration Office.

Requesting a Visa Cancellation

You can make a request to withdraw your visa application if you want. However, if you hold a bridging visa after your withdrawal, you have 35 days before your bridging visa expires, and you may be prevented from applying for another protection visa or safe haven enterprise visa.

Your withdrawal request must include your full name, date of birth, and details of the application you are withdrawing.

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