Safe Haven Enterprise Visa (Subclass 790) in Australia: Requirements, Eligibility, and FAQs

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Key Takeaways:

The Safe Haven Enterprise Visa (SHEV) 790 allows refugees who entered Australia illegally to seek temporary protection.
Eligibility criteria include not having other specified visas, single citizenship, and no prior visa cancellations or refusals.
Applicants must intend to work or study in regional Australia and not be under protection from any third party.

Are you seeking refuge and a new beginning in Australia under challenging circumstances? The Safe Haven Enterprise Visa (SHEV) 790 may offer a promising pathway for those who find themselves in Australia without legal status but in need of protection. This type of visa is designed specifically to assist individuals who, due to significant risks if returned to their home country, need a sanctuary but also wish to contribute to the Australian community through work or study, particularly in regional areas.

Understanding the requirements and application process for the SHEV 790 is crucial for potential applicants. This visa not only provides protection but also encourages visa holders to engage in economic activities that can lead to further visa options in the future. Whether you’re navigating eligibility criteria, curious about the application steps, or have specific questions about living arrangements and rights under the SHEV, the information that follows aims to clarify and simplify your journey toward safety and stability in Australia.

Overview of Australia Safe Haven Enterprise Visa (Subclass 790)

The Australia Safe Haven Enterprise Visa (SHEV), or subclass 790, is designed for individuals seeking asylum who have entered Australia without authorization. It provides a temporary pathway for refugees seeking protection while they explore further visa options to remain in Australia.

What is a Safe Haven Enterprise Visa (SHEV) 790?

The SHEV 790 is a specific type of temporary protection visa targeted at refugees:

Eligibility: To be eligible, applicants must currently be in Australia and must have entered the country without a valid visa.
Purpose: It serves those who fear harm or persecution in their home country or country of residence and are in need of protection.

“SHEV is aimed at providing a refuge for those who have no other sanctuary, offering them a chance to rebuild their lives in Australia,” explains the framework behind this visa category.

Key Requirements and Eligibility Criteria

To apply for the SHEV 790, applicants must meet several criteria:

Presence in Australia at the time of application
Entry into Australia must have been without a valid visa

This visa forms part of Australia’s commitment to protecting refugees by allowing them to stay temporarily and explore other long-term visa solutions.

Eligibility Criteria for Safe Haven Enterprise Visa 790 (Subclass 790)

To be eligible for a Safe Haven Enterprise Visa 790, applicants must meet several specific requirements. Understanding these criteria is crucial for anyone looking to apply for this type of visa. Here is a detailed list of qualifications necessary for eligibility:

Arrival Status: You must have arrived in Australia illegally.
Visa History: You should not currently possess, nor should you have previously held, any of the following visas:
Temporary Protection Visa (subclass 785)
Temporary Safe Haven Visa (subclass 449)
Temporary (Humanitarian Concern) Visa (subclass 786)
Safe Haven Enterprise Visa (subclass 790)
Visa Application Bans: You must not be prohibited from applying for a Safe Haven Enterprise Visa.
Previous Visa Cancellations and Refusals:
You have not had a protection visa canceled since your last arrival in Australia.
You have not been refused a protection visa since arriving in Australia.
Citizenship Status: You must have only one citizenship.
Protection by Third Parties: You are not currently being protected by any third party.
Humanitarian Stay Visa: You do not currently have, nor have you previously held a humanitarian stay visa.
Transitory Status: You are not considered a transitory person.
Commitment to Australia’s Regional Development:
“You signed a declaration that you plan on studying and working in Australia specifically in regional zones.”

This visa aims to support applicants seeking asylum who are willing to contribute to Australia’s regional economies by working or studying in these areas. Ensuring strict adherence to these criteria is vital for a successful visa application process.

Safe Haven Enterprise Regional Areas in Australia

State/Territory	Eligible Postcodes
New South Wales	2311–2312, 2328–2411, 2420–2490, 2536–2551, 2575–2594, 2618–2739, 2787–2898 (Excludes Sydney, Newcastle, Central Coast, Wollongong) Additional inclusions: 2320–2323, 2415 (Dungog Shire, Maitland City, Mid-Coast Council Region)
Northern Territory	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	All postcodes
Tasmania	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…
Western Australia	6041–6044, 6055–6056, 6069, 6076, 6083–6084, 6111, 6121–6126, 6200–6799 (Excludes Perth and some areas of Pilbara and Goldfields-Esperance regions)

Safe Haven Enterprise Visa Application Requirements

Safe Haven Enterprise Visa (Subclass 790) in Australia: Requirements, Eligibility, and FAQs

When applying for a Safe Haven Enterprise Visa, it is essential to comply with the documentation and process requirements meticulously. Below is a detailed list of the necessary articles and steps you need to follow:

Application Form and Identification Documents

Safe Haven Enterprise Visa Form: Complete the form attentively, ensuring you answer all questions regarding your protection claims honestly and in detail.
Identification Documents: Provide a copy of your passport biodata page if available. Additional documents may include:
- Driver’s license
- Identification cards
- Birth certificate
- Marriage or divorce certificates
- Any similar documents that verify your identity

Additional Requirements

Passport Photo and Biometrics: You may be required to visit the Immigration Office to submit your passport photos and fingerprints.
Proof of Relationship: For applicants in a de facto relationship, evidence such as joint bank account statements or utility bills may be necessary.
Character Requirements: Demonstrate good moral character to fulfill visa conditions.
Agreement with Australia’s Values Statement: “You must read the Australian booklet about life in Australia and sign their values statement agreeing to uphold all laws and regulations.”
Health Requirements: After filing your visa application, you will receive a HAP ID. Health examinations are usually conducted by Bupa medical services.

Family Member Applications

If you are applying with other family members, include the following for each person:

Passports (current or expired)
Birth certificates
National ID
Driver’s license
Financial documents
Any other supporting documents deemed relevant

Assistance with Your Application

If you require assistance during your application process, consider completing the following forms:

Form 956
Form 956a

Careful adherence to these requirements will ensure a smoother application process for your Safe Haven Enterprise Visa.

How to Apply for a Safe Haven Enterprise Visa (SHEV 790)

Applying for the SHEV 790 requires a streamlined process, which can be completed online for quicker processing. Below are the steps you need to follow:

Apply Online through ImmiAccount

Create or log into your ImmiAccount: This is the preferred method as it speeds up the application process.
Complete the online visa application form: Ensure all required fields are accurately filled.
Attach necessary documents: Documents must be either in English or professionally translated into English. “It’s best to apply through the ImmiAccount so that your application is processed faster.”

Submit Payment

Visa application fee: After filling in the visa application form and attaching your documents, submit the application fee through ImmiAccount. This step is required regardless of whether you apply online or on paper.

After You Apply

Acknowledgment of application: Once your application is submitted, you will receive a confirmation letter.
Decision notification: The decision will be communicated through a written letter. If your application is rejected, the visa grant letter will provide further details. “You will be notified of their decision via a written letter.”

Apply on Paper

Complete a paper application form: If you prefer to apply via paper, fill out the form and mail it to the address provided.
Certification of documents: Ensure that all attached documents are certified by an authorized official.

Additional Assistance

Document preparation: For guidance on preparing your documents for either online or paper applications, refer to the specific instructions provided in your application form.

By following these outlined steps and ensuring your documents are correct and complete, you can efficiently manage your application for a Safe Haven Enterprise Visa 790.

A detailed list of visas that can be applied for through the Safe Haven Enterprise Visa (SHEV) pathway, along with appropriate links to more information:

Each link provides detailed information on the respective visa, including eligibility requirements and application guides.

Safe Haven Enterprise Visa (SHEV) Processing Times

When applying for a Safe Haven Enterprise Visa (SHEV), understanding the processing times is crucial. Here are the key points to consider:

Indefinite Processing Timeline:

The processing time for a SHEV is not fixed.
The Immigration Office prioritizes processing these applications as swiftly as possible.

Importance of Complete Applications:

“Keep in mind that the processing time is prolonged if you don’t provide all the information on your initial application.”
Ensure all required details are included in your initial submission to avoid delays.

Fast-Tracking Eligibility:
If you meet specific criteria, your SHEV application may be eligible for fast-track assessment:

You are an unauthorized maritime arrival.
Your entry into Australia fits within any of these date ranges:
- On or after August 13, 2012
- Before January 1, 2014
- On or after April 2, 2019
You were never in a regional processing country.

By adhering to these guidelines and ensuring your application is complete, you can improve the processing time of your SHEV application. Remember, comprehensive and accurate applications facilitate a quicker review process.

Safe Haven Enterprise Visa (SHEV) Overview

Duration of Safe Haven Visa 790

The Safe Haven Visa 790 is valid for:

5 years of temporary stay. Upon expiration, you have two options:
Apply for another Safe Haven Visa 790.
Seek a different visa, provided you meet the Safe Haven Enterprise Visa (SHEV) pathway requirements.

Extending Your Stay with a Safe Haven Enterprise Visa

To extend your stay under a Safe Haven Enterprise Visa:

Apply for a subsequent SHEV before your current visa expires.
Following your application, your existing visa will remain valid until the new visa is approved, ensuring seamless continuation of your stay.

Eligibility for SHEV Pathway Advancement

Holders of a SHEV can apply for additional visas, including permanent types, by meeting specific requirements:

Complete a total of 42 months under conditions such as:
Employment in a designated SHEV regional area without reliance on social welfare benefits.
Regular enrollment and attendance at a university or school within a SHEV regional area.
A combination of both education and employment is listed above.

“The success of your SHEV pathway advancement hinges on fulfilling stringent work and study requirements specifically in regional areas designated for SHEV holders.”

If you have previously held more than one safe haven visa, the combined duration of work or study across these visas counts towards the 42-month requirement. This inclusive counting ensures that all time spent contributing to regional areas under SHEV terms is acknowledged in your pathway progression.

Overview of Safe Haven Enterprise Visa (SHEV) Regional Areas in Australia

Australia’s Safe Haven Enterprise Visa (SHEV) program allows holders to live, work, and study in designated regional areas across the nation. Below is a detailed guide on the specific postcodes and regions where SHEV visa holders are eligible to reside and work as part of their visa pathway.

Regional Areas by State and Territory

New South Wales (NSW)

Eligible postcodes: 2311–2312, 2328–2411, 2420–2490, 2536–2551, 2575–2594, 2618–2739, 2787–2898
These zones exclude Sydney, Newcastle, the Central Coast, and Wollongong, while some specific regions such as Dungog Shire, Maitland City, and the Mid-Coast Council Region are included.

Northern Territory

All postcodes are included, allowing comprehensive access across the territory for SHEV holders.

Queensland

Eligible postcodes: 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

All postcodes are included, providing broad eligibility throughout the state.

Tasmania

All postcodes are included, ensuring statewide coverage for SHEV visa holders.

Victoria

Eligible postcodes: 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, 348…
Excludes Melbourne Metropolitan and certain regional local government areas.

Western Australia

Eligible postcodes: 6041–6044, 6055–6056, 6069, 6076, 6083–6084, 6111, 6121–6126, 6200–6799.
Excludes Perth and certain areas within the Pilbara and Goldfields-Esperance regions.

“It is essential to ensure your SHEV activities align with the designated postcodes and regions to comply with the conditions of the visa pathway.”

Additional Considerations

SHEV visa holders can live in one region while working in another approved area unless specified otherwise by the Australian Immigration Department. This flexibility helps facilitate the integration of visa holders into regional communities, supporting local economies and promoting cultural diversity.

Meeting the Work Requirements for the SHEV Pathway

To be eligible under the SHEV (Safe Haven Enterprise Visa) Pathway’s work requirements, it’s essential that you engage in legally recognized and financially compensated employment. Here’s what you need to know about maintaining eligibility:

Type of Employment:
Your employment can be part-time, full-time, or seasonal.
It must be a lawful job without reliance on certain special benefits payments.
Financial Independence:
Your job should provide sufficient financial resources to support you, ensuring that you do not require social benefits.

Requirements for Self-Employed Individuals

If you are considering the self-employment route, you will meet the work requirements if:

You own a retail business that sells goods or services.
You provide a service as a self-employed individual.

Special Benefits Payments

While working or being self-employed, be aware that income from jobs offering the following special benefits will not count towards the required 42 months of work under the SHEV:

Family Tax Benefit A and B
Dad and Partner Pay (subject to work test requirements)
Health Care Card (related to Family Tax Benefit)
Child Care Benefit/Child Care Rebate
School Kids Bonus
Single Income Family Supplement
Double Orphan Pension
Parental Leave Pay (subject to work test requirements)
Jobs, Education, and Training Child Care Fee Assistance
Stillborn Baby Payment
Low-Income Health Care Card
Child Dental Benefits Schedule

It is crucial to ensure that your employment aligns with these guidelines to maintain eligibility for the SHEV Pathway. Understanding and adhering to these requirements will aid in your successful immigration process under the SHEV program.

Meeting the Study Requirements for the SHEV Pathway

To qualify for the SHEV (Safe Haven Enterprise Visa) pathway, individuals must engage in physical coursework within an accredited regional institution. The educational provider must be recognized by the Australian Qualifications Framework. Here are the key points regarding the study criteria:

Certificate Achievement: Courses pursued should lead to a Certificate I or II.
Physical Attendance: Classes must be attended in person at a campus located in a designated regional area.
Online Learning Exception: Due to COVID-19, some online classes are acceptable. However, the complete study duration cannot be conducted online.

Additionally, an alternative way to meet the study requirement involves:

Duration of Study: Attending a primary school, secondary school, or college within a SHEV-approved region for a total of 37 months.
Location Compliance: Online studies are allowed if residing within the designated SHEV regional area.

Additional Visa Opportunities After the SHEV Pathway

Upon meeting the SHEV pathway requirements, individuals are eligible to apply for various other visas. These include:

Skilled and Employment Visas:

Skilled Independent Visa (subclass 189)
Skilled Nominated Visa (subclass 190)
Skilled Recognized Graduate Visa (subclass 476)
Training Visa (subclass 407)
Skilled Work Regional Provisional Visa (subclass 491)
Employment Nomination Scheme (subclass 186)
Temporary Skill Shortage Visa (subclass 482)
Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494)

Student and Family Visas:

Student Visa (subclass 500)
Student Guardian Visa (subclass 590)
Contributory Parent Visa (subclass 143)
Dependent Child (subclass 445)
Partner Visa (subclass 801)
Child Visa (subclass 802)
Aged Parent Visa (subclass 804)
Remaining Relative Visa (subclass 835)
Carer Visa (subclass 836)
Orphan Relative Visa (subclass 837)
Aged Dependent Relative (subclass 838)
Distinguished Talent (subclass 858)
Contributory Aged Parent (subclass 864, 884)

Business and Investment Visas:

Business Talent (subclass 132)
Business Innovation and Investment (Provisional) (subclass 188)

Bridging Visas:

Bridging Visa A (subclass 010)
Bridging Visa C (subclass 030)

This eligibility for multiple visa pathways marks a significant advantage for those who have met the SHEV requirements, offering diverse opportunities for living and working in Australia.

Navigating the Safe Haven Enterprise Visa (SHEV) Pathway during COVID-19

The Australian government has instituted a “concession period” due to the disruptions caused by COVID-19. This adjustment specifically assists individuals who are working towards meeting the eligibility criteria required by the Safe Haven Enterprise Visa (SHEV) pathway. Importantly, the concession period has certain flexibilities:

Time spent during this period will count towards the necessary 42 months of work, irrespective of whether the visa holder:
Accesses special benefit payments.
Experiences unemployment.
Works outside an approved SHEV area in an essential service.

Family Inclusion on a 790 Visa

The 790 visa allows for the inclusion of varied family members, assuming the principal applicant is the head of the family. Family members eligible for inclusion encompass:

Spouse or registered partner.
Dependent children or step-children.
Partner’s dependent children or step-children.
Siblings.
Parents.
Grandparents.
Aunts and uncles.
Cousins.
Other extended family members.

It is vital to note that dependent children over the age of 18 are only eligible if they “cannot financially, socially, or physically support themselves and are wholly dependent on the head of the family.” This dependency stipulation doesn’t require the family head to be the visa applicant.

Adding New Family Members Post Visa Approval

In the event of a new child born after the issuance of your SHEV visa 790, specific steps must be followed to include this new family member in your visa:

Complete the specified form.
Attach a birth certificate for the newborn.

These documents can be submitted either through your ImmiAccount or mailed directly. This ensures a streamlined process to accommodate changes in your family structure post-visa approval.

By adhering to these guidelines and understanding the adjusted requirements during the concession period, applicants can better navigate the complexities of the SHEV during the COVID-19 pandemic.

Working with an Australia Safe Haven Protection Visa 790

Employment Eligibility: Holders of the Safe Haven Protection Visa (subclass 790) are permitted to work in Australia.
Specific Job Locations: To comply with the pathway criteria for permanent residency, employment must be undertaken in designated areas.

Studying with a Safe Haven Enterprise Visa 790

Education Permission: Visa holders are allowed to engage in studies.
Accreditation Requirement: It is essential to verify that the educational institution is accredited, especially if the study is intended to contribute towards meeting pathway conditions.

Traveling with a Safe Haven Enterprise Visa 790

Travel Restrictions: General travel is not permitted for holders of the Visa 790 without strong justifiable reasons and explicit authorization from Australian authorities.
Prohibited Travel: Travel to the country from which protection is sought is strictly forbidden.

Family Reunification with a 790 Visa

Restrictions on Family Sponsorship: Initially, it is not possible to bring overseas family members to Australia using a 790 visa.
Post-Pathway Opportunities: “After meeting the pathway requirements, you can apply for a different visa and subsequently sponsor family members outside of Australia.”

These guidelines outline the conditions and privileges associated with the Australia Safe Haven Protection Visa 790, emphasizing the importance of compliance with specific obligations to fully benefit from the opportunities it presents.

What to Do If Your Safe Haven Visa Application Is Denied

Appealing a Denied Visa Application
If your application for a Safe Haven Enterprise Visa (SHEV) is denied, you have options:

Review Request: You will be informed by the Department whether you are eligible to request a review of the decision at the Administrative Appeals Tribunal (AAT).
Direct Processing by IAA: In some cases, your application might be sent directly to the Immigration Assessment Authority (IAA) for further assessment.

Exceptions for Fast-Tracked Applications:
If your application was processed under the fast-tracking assessment:

You generally cannot appeal to the AAT.
An exception exists if your application was denied due to failure to meet character requirements. In this circumstance, you are eligible to apply for an AAT appeal.

Safe Haven Visa Cancellation

Circumstances Leading to Cancellation:
Your Safe Haven Visa can be canceled by the Immigration Department under the following conditions:

Travel Restrictions Violation: If you violate the travel restrictions set forth in your visa.
Change of Address: If you change your address and fail to notify the Immigration Office.

Withdrawing Your Application:
If you decide to withdraw your SHEV application, certain steps need to be followed:

You must provide details including your full name, date of birth, and specifics of the application you wish to cancel.

Additionally, if you have a valid bridging visa while withdrawing your SHEV application:

Your bridging visa will expire after 35 days following the withdrawal.
You may not be eligible for another protection visa after the withdrawal.

By understanding the potential outcomes and requirements of the visa process, applicants can better navigate the complexities of immigration protocols.

For individuals interested in the Safe Haven Enterprise Visa (Subclass 790) in Australia, I’ve compiled a list of relevant and authoritative resources to facilitate the navigation of requirements, eligibility, application processes, and other pertinent information.

Official Australian Government Resources

Department of Home Affairs – Australia

Main website: https://www.homeaffairs.gov.au/
- This site provides comprehensive details on Australian visas, including the Safe Haven Enterprise Visa (SHEV), forms, and policy updates.
SHEV (Subclass 790) Specific Page: Safe Haven Enterprise Visa (Subclass 790)
- Detailed information on eligibility, visa conditions, application instructions, and regional areas.

ImmiAccount

Access and login page: https://online.immi.gov.au/lusc/login
- Preferred platform for submitting online visa applications and managing your application.

Australian Visa Application Forms

Form 790 – Application for a Safe Haven Enterprise Visa:
- Form 790 PDF
Form 956 – Advice by a migration agent/exempt person of providing immigration assistance:
- Form 956 PDF
Form 956a – Appointment or withdrawal of an authorised recipient:
- Form 956a PDF

Health Services for Visa Applicants

Bupa Medical Visa Services

Website: https://www.bupamvs.com.au/
- Schedules health examinations required for visa applications, including those necessary for the SHEV subclass 790.

Legal and Application Assistance

Administrative Appeals Tribunal (AAT)

Website: http://www.aat.gov.au/
- Handles appeals for visa decisions, including denial of Safe Haven Enterprise Visas.

Immigration Advice and Rights Centers

List of services: https://www.immi.gov.au/about/contact/legal-assistance/legal-assistance-program
- Contact details for centers and services that provide free or low-cost legal advice on immigration and visa matters.

Additional Government and Educational Tools

Australian Values Statement and Booklet about Life in Australia

PDF Booklet: Life in Australia book
- Applicants must read and commit to the Values Statement as part of their application process.

List of Designated Regional Areas

Eligible Regional Postcodes: Regional postcodes for SHEV
- Understanding where you are eligible to live, work, and study under a SHEV.

By using these resources, applicants can obtain accurate and updated information directly from official sources, ensuring a clearer understanding of the Safe Haven Enterprise Visa application procedure and requirements.