The Safe Haven Enterprise Visa (Subclass 790) is also known as SHEV. It is a temporary protection visa that has been designed for people who have arrived in Australia without a visa and are seeking asylum. If someone enters Australia under such circumstances, they must engage Australia’s protection obligations and other requirements to avail this visa. 

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Holders of a SHEV are given the opportunity to reside, work and study in Australia for 5 years. They may access government services such as JobActive, Medicare and Centrelink services - all of which are availed by Australian citizens and permanent residents. If required, people who have undergone traumatic experiences may also access short-term counselling services. They may travel overseas up til their visa expires but will require written approval to travel to their home country on compassionate grounds or compelling circumstances. They can also attend 510 hours of the Adult Migration English Program’s (AMEP) English language classes for free. 

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Once their SHEV expires, they may apply for certain visas, including permanent visas such as skilled and family visas, depending on their eligibility and circumstances. If a SHEV holder was granted their visa on or after 14th February 2023, they must apply for the subsequent Safe Haven Visa or a Temporary Protection Visa before their current SHEV expires. This is only applicable if they yet require Australia’s protection and are not subject to any application bars. SHEV holders who arrived in Australia before 14th February 2023 may apply for a permanent Resolution of Status (RoS) Visa (Subclass 851). 

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Eligibility Criteria 

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In order to be eligible for a SHEV, applicants must:

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• Not apply for a Permanent Protection Visa (Subclass 866) 
• Be an unauthorised maritime arrival, or 
• Have not been cleared for immigration at Australia’s border when they last entered, or
• Have entered Australia without a valid visa, or
• Hold or have held one of the following:‍
• Temporary Protection Visa (Subclass 785)
• Temporary Safe Haven Visa (Subclass 449)
• Temporary (Humanitarian Concern) Visa (Subclass 786)
• Safe Haven Enterprise Visa (Subclass 790)  ‍
• Be a refugee or satisfy Australia’s complementary protection criteria 
• Meet Australia’s identity requirements:‍
• Provide certain documents as evidence of one’s identity, nationality or citizenship
• Applicants may be asked to provide biometrics as well‍
• Not be barred from lodging a SHEV application, this may happen if applicants:‍
• An authorised maritime arrival, or,
• Were cleared for immigration when they arrived in Australia, or
• Have been refused a protection visa since their last arrival in Australia, or
• Have had a protection visa cancelled since their last arrival in Australia, or
• Are nationals of 2 more countries, or 
• Have protection in a prescribed safe 3rd country, or
• Hold or have held a Humanitarian Stay (Temporary) (subclass 449) Visa since last entering Australia, or
• Are a transitionary person ‍
• Meet the Australian government’s security requirements
• Meet the Australian government’s health and character requirements 
• Sign the Australian Values Statement 

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Gathering the Documents

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Applicants must ensure to have the correct documents to ensure a smooth and hassle-free process.

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• Fill out an online form in ImmiAccount, or
• Form 866 Application for a Protection Visa 
• Identity documents such as:‍
• Current or expired passports
• Birth certificate
• National identity card (if applicable)
• Driver’s licence (if applicable)
• Proof of name change (if applicable)‍
• Claims for protection (which applicants will have to fill out as part of the application form)
• Evidence and supporting documents
• Relationship documents (if applicable)
• Character documents (e.g. police certificate)
• Visa or residence permits 
• Identity documents of family members who are also applying 

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Application Process

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Once applicants have gathered all their documents, they may begin their application process for a SHEV. The process is simple and due to the nature of this visa, applicants are given more priority. Applicants can apply for a SHEV on ImmiAccount, or by paper. On ImmiAccount, they can also check the status of their application. Once they pay the application fee, they simply have to wait for the decision. They may be asked to provide more information during the process or attend an interview as well. 

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If their visa is granted, they will receive a visa grant notification letter. If their visa is refused, they will receive a refusal notification letter explaining why their visa application was refused, and their review rights with the Administrative Appeals Tribunal (AAT). 

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Including Family Members in the Application 

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Applicants can include family members in their applications as well. The family members must be in Australia with the main applicant during the time of the visa application. 

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Eligible family members include:

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• Spouse or de facto partner 
• Dependent child or step-child 
• Dependent child or step-child of the partner 
• Other dependent relatives

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Kindly note that a dependent child is a child or step-child who is under the age of 18. A dependent child can be 18 or above that age if they are:

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• Incapacitated for work due to the loss of bodily or mental functions, or
• Completely or substantially reliant on their parent or step-parent for financial, psychological or physical support 

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If the child or step-child is currently married or engaged to be married, they will not be considered dependent. 

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Other eligible relatives may include (must be related to the family’s head):

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• Parent 
• Sibling 
• Grandparent
• Grandchild 
• Aunt
• Uncle
• Cousin 
• Nephew
• Niece
• Step equivalent of any of the above 

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Travelling Mandates

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Holders of a SHEV must follow certain mandates while travelling to and from Australia. They must:

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• Seek written approval from the Australian government under Travel Condition 8570 before travelling 
• Not use their home country passport to travel 
• Get a travel document from the Australian Passport Office of the Department of Foreign Affairs  and Trade (DFAT)
• Ensure that their DFAT travel documents allow them to enter the country they want to visit 
• Update their travel document details with the Australian government if they get a new travel document 
• Ensure that their visa is valid for the entire duration of their time outside Australia:‍
• If their SHEV expires overseas, they will not be able to return to Australia or apply for another SHEV or TPV

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Australia’s Protection Obligations 

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Australia has an extended history of offering refuge to people seeking asylum and resettlement for several reasons. Since 1945, Australia has helped hundreds or thousands of displaced people find a new home and build a new life. 

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The Australian government determines an asylum seeker’s application with the help of various criteria, one of them being whether the applicant engages in Australia’s protection obligations. To understand more about this, have a glance at our article on Seeking Asylum in Australia.

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.

Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.

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