SUBCLASS 785

Temporary Protection Visa

Table of Contents

This visa is for those seeking temporary asylum within Australia.

This visa is for people who arrived in Australia without a visa, and want to seek asylum. It lets you stay in Australia temporarily if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa.

This visa grants you the following privileges:

  1. You can live, work, and study in Australia temporarily for 3 years.
  2. Access government services such as Jobactive, Medicare, and Centrelink services.
  3. Access short-term counselling for torture and trauma as needed.
  4. Attend English language classes for free if you are eligible.
  5. Travel overseas to countries other than your home country, if you obtain written approval to travel due to compassionate or compelling circumstances.

You and any members of your same family unit included in your application must be in Australia when you apply for this visa.

Eligibility Criteria

This visa includes the following criteria:

  1. You must be a refugee or satisfy Australia’s complementary protection criteria
  2. You may be required to provide documents as evidence of your identity, nationality or citizenship with your application. It is your responsibility to cooperate and provide this evidence so identity checks can be completed.
  3. You must not be barred from lodging a TPV application.
  4. You must meet our security requirements.
  5. You must undergo health examinations conducted by Bupa Medical Services to safeguard both your health and the Australian community.
  6. You must meet certain character requirements.
  7. Sign the Australian values statement if you are 18 years of age or older, confirming your commitment to respect the Australian way of life and obey Australian laws.

Eligibility Criteria for Entry and Visa Application in Australia

If you entered Australia without a valid visa or were not immigration cleared on arrival, you may only apply for a Temporary Protection visa (TPV) or a Safe Haven Enterprise visa (SHEV), excluding the option for a permanent Protection visa (subclass 866). To be eligible for a Temporary Protection visa, you must meet one of the following criteria:

  1. Be unable to make a valid application for a permanent Protection visa (subclass 866).
  2. Be an unauthorised maritime arrival.
  3. Have not been immigration cleared at Australia's border during your last entry.
  4. Have entered Australia without a valid visa.
  5. Hold or have held specific visas: Temporary Protection visa (subclass 785), Temporary Safe Haven visa (subclass 449), Temporary (Humanitarian Concern) visa (subclass 786), or Safe Haven Enterprise visa (subclass 790).

Inclusion of Other Family Members

Members of the same family unit can apply together on the same application, provided they:

  1. Are in Australia at the time of application.
  2. Are eligible to apply for this visa.

Members of the same family unit include:

  1. Spouse or de facto partner of the family head.
  2. Dependent child or step-child of the family head.
  3. Dependent child or step-child of the family head’s partner.
  4. Other dependent relatives of the family head.

The family head can be you or someone else in your family who hasn't applied for this visa. A dependent child is under 18, but can be 18 or older if incapacitated for work or wholly reliant on the parent or step-parent. A child or step-child of any age is not considered dependent if married, engaged, or in a de facto relationship.

Children who are not dependents must apply for their own visa. Other dependent relatives may include parents, siblings, grandparents, aunts, uncles, cousins, nieces, nephews, or step-equivalents, who:

  1. Do not have a spouse or de facto partner.
  2. Usually live with the family head.
  3. Are wholly or substantially reliant on the family head for support.

Members of the same family unit applying for this visa must meet health, character, and security requirements.

Contact Us

For those considering our services, we provide an initial meeting. In this session, we will simplify the legal aspects of the visa, explain the process ahead, and address any questions you may have.

To set up an initial discussion with us, please reach out to one of our experienced immigration lawyers at (02) 9590 3987.

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If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.

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