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Onshore Protection Visa Subclass 866 Permanent Visa

Expert Protection Visa Advice from Perth’s Registered Migration Agents

At Modern Migration Australia, we understand that people from across the world choose to call Australia home. Whether for more rewarding opportunities or for a safer and more fulfilling life, Australia provides eligible visa holders with protection.

Learn more about Permanent Protection Visas (PPV) and Temporary Protection Visas (TPV). Contact the experts at Modern Migration Australia, one of the best migration agents in Perth.

What are Permanent Protection Visas?

PPVs (subclass 866) are for individuals who have arrived lawfully in Australia. You may be eligible for a PPV if:

  • You are in Australia and have entered with a valid visa
  • You are claiming protection as a refugee or under Australia’s complementary protection scheme
  • You are not barred from lodging a PPV

Refugee Recognition

To be recognised as a refugee under Australian law, you must demonstrate a real chance that you will be seriously harmed in your country of origin due to your race, religion, nationality, political opinion or membership of particular social groups. Although grounds for protection and PPVs are specific, they are not restricted to refugees.

Owed Complementary Protection

To be recognised as a person owed complementary protection by Australia, you must prove that a return to your country of origin could result in the arbitrary deprivation of life, the death penalty, torture, cruel or inhumane treatment or degrading treatment and punishment. You must also pass identity, health and character checks. In many cases, you may include family members on your application if they satisfy criteria and are in Australia.

What are Temporary Protection Visas?

TPVs are available for people without a visa who are owed protection obligations. A TPV permits holders to remain in Australia temporarily, lasting up to three years. After a TPV expires, the holder may reapply for another.

Holders of TPVs are able to work (subject to restrictions) and may access Medicare. They may receive income assistance according to the discretion of the Minister for Immigration and Border Protection.

If the TPV holder leaves Australia, the TPV does not entitle them to return. They are also unable to sponsor family members or be granted any substantive visa while in Australia.

Safe Haven Enterprise Visas (SHEVs)

Announced in 2014, SHEVs give TPV holders the opportunity to transition to a five-year visa if they agree to move into a regional area, engage in study at an approved institution or undertake work that deems them independent of income support for more than 18 months in the five-year period.

Applications

For applications made on or after 13 April 2013, regulations were amended to allow holders and former holders of SHEVs, who have satisfied requirements, to be granted a subclass 010 (Bridging A) or subclass 030 (Bridging C) visa. This ensures holders remain lawful while the department considers applications.

Temporary Humanitarian Concern Visas (THCVs)

Created in 1999, the Safe Haven Visa was introduced to provide temporary refuge to people from Kosovo. This introduction included the Humanitarian Stay (Temporary) Visa (subclass 499), which was introduced to provide refuge to people from East Timor.

The Temporary Humanitarian Concern Visa (THCV) was originally created in 2000 for people holding the Safe Haven Visa who needed to extend their stay in Australia. The THVC cannot be applied for directly. Rather, a person must be invited to accept a Safe Haven Visa, allowing the Department to then grant them a THCV.

What Happens if You Arrive in Australia Illegally?

If you have arrived in Australia illegally and have not applied for a Protection Visa by 1 October 2017, you’re required to depart the country.

If you’ve applied for a Protection Visa before 1 October 2017, you may apply for another TPV (subclass 785) or a subsequent Safe Haven Enterprise visa (subclass 790).

Contact the Experienced Migration Agents in Perth

Working with clients of all backgrounds, Modern Migration Australia’s Perth team offers valuable knowledge on Permanent Protection Visas, Temporary Protection Visas and the range of conditions and requirements.

For tailored advice according to your situation, contact Perth’s registered migration agents today on (08) 6555 7718.

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