Subclass 449 — Humanitarian Stay (Temporary) Visa — Australia — immi.wiki

The Subclass 449 Humanitarian Stay (Temporary) visa is a discretionary temporary visa granted by the Minister for Immigration to persons from countries experiencing a significant humanitarian crisis. Unlike most Australian visas, the Subclass 449 is not applied for by individuals — the Department of Home Affairs identifies eligible persons (nationals or recent residents of affected countries who are already in Australia or who are being facilitated for entry) and the visa is granted ministerially.

The Subclass 449 has been activated in response to specific international humanitarian crises:

• Afghanistan: From 19 August 2021 following the collapse of the Afghan government and the withdrawal of international forces, the Australian Government granted Subclass 449 visas to eligible Afghan nationals and their family members who were in Australia or who were evacuated to Australia
• Ukraine: From 2022, in response to the Russian invasion of Ukraine, Subclass 449 visas were granted to eligible Ukrainian nationals in Australia
• Gaza/Israel conflict: From 2023/2024, eligible Palestinian and Israeli nationals in Australia affected by the conflict were granted Subclass 449 visas

Persons granted the Subclass 449 are typically encouraged to apply for a permanent protection visa (Subclass 866) or another appropriate longer-term visa, as the Subclass 449 is temporary.

Eligibility for the Subclass 449 is not determined by a standard application process. The Minister identifies cohorts of eligible persons based on:

• The nationality of the person (or recent habitual residence in the affected country)
• The person's presence in Australia at the relevant time (or arrival as part of a government-facilitated evacuation or resettlement operation)
• The nature and severity of the humanitarian crisis in the country of nationality or residence

Persons who receive a Subclass 449 visa are generally notified directly by the Department of Home Affairs. Persons who believe they may be eligible — for example, nationals of an affected country currently in Australia who have not received a Subclass 449 — should contact the Department directly.

The Subclass 449 does not apply to unauthorised maritime arrivals.

The Subclass 449 is a ministerially-granted visa and is not applied for through a standard application process. There is no Form 866 or ImmiAccount application pathway for the Subclass 449. Eligible persons are identified and contacted by the Department.

Subclass 449 holders who wish to apply for a more permanent status in Australia are encouraged to lodge an application for the Subclass 866 Protection Visa (or another appropriate visa class) while they are in Australia and before the Subclass 449 expires. For assistance with transitioning to a longer-term visa, persons should seek advice from a registered migration agent or contact the Department of Home Affairs directly.

The Subclass 449 is a temporary visa. Holders are permitted to work and study in Australia during the validity period of the visa and are eligible for certain settlement and support services.

Holders are eligible for certain Medicare entitlements while the visa is current, subject to the specific legislative instruments relating to the particular cohort (Afghanistan, Ukraine, Gaza). For example, the Health Insurance (Eligible persons — holders of Humanitarian Stay (Temporary) Visa (Subclass 449)) Order 2021 established Medicare eligibility for Afghan Subclass 449 holders.

The visa is temporary — it does not itself provide a pathway to permanent residence. Holders wishing to remain in Australia permanently should explore the Subclass 866 Protection Visa or other applicable permanent visa pathways during the validity of the Subclass 449.