Subclass 790 — Safe Haven Enterprise Visa — immi.wiki

The Subclass 790 Safe Haven Enterprise visa (SHEV) is a temporary protection visa for people in Australia who arrived without authorisation and engage Australia's protection obligations. It was introduced alongside the Subclass 785 Temporary Protection visa (TPV) as part of the temporary protection framework. The SHEV and TPV are the two visa options for unauthorised arrivals who are found to engage Australia's protection obligations.

The key distinction between the SHEV and the TPV is the SHEV pathway: SHEV holders who work or study in designated SHEV regional areas for at least 42 months without accessing Special Benefit payments become eligible to apply for certain other visas, which may include pathways to permanent residence.

As with the TPV, a Resolution of Status (RoS) pathway to the Subclass 851 permanent visa was introduced from 13 February 2023 for eligible TPV/SHEV holders. Refer to the Department of Home Affairs onshore protection page for current eligibility details.

Eligibility for the SHEV mirrors that of the TPV, with the same protection obligation requirements:

• In Australia without a substantive visa (or cancelled visa)
• Arrived in Australia without valid authorisation
• Engages Australia's protection obligations under s 36(2)(a) (refugee) or s 36(2)(aa) (complementary protection)
• Not excluded from protection under Article 1F of the Refugees Convention
• Meets health requirements

Applicants who meet the protection criteria may choose either the TPV or the SHEV — or be granted the SHEV where they indicate a preference for the regional pathway. The choice has practical consequences: the SHEV offers a longer grant period (5 years vs 3 years for the TPV) and the SHEV pathway, but requires residence in a SHEV regional area to access the pathway benefits.

SHEV applications are lodged with the Department of Home Affairs and follow the same process as TPV applications — protection claim interview, identity and health checks. The application process is the same whether the applicant seeks a TPV or SHEV.

For current processing information, refer to the global visa processing times.

SHEV holders have the following key conditions and entitlements:

• Duration: 5 years from grant (longer than the TPV's 3 years)
• Work rights: Unrestricted work rights
• Study rights: Yes, including Commonwealth-supported university places
• Medicare: Yes
• Travel: Same restriction as the TPV — departure from Australia causes the visa to cease; SHEV holders cannot re-enter if they travel overseas
• Subsequent visa requirement: Must apply for a subsequent SHEV or TPV before the SHEV expires

SHEV pathway requirements: To be eligible to apply for certain other visas through the SHEV pathway, the holder must:

• Work (without receiving Special Benefit social security payments) and/or study full-time in a designated SHEV regional area
• Accumulate a total of 42 months (3.5 years) of qualifying work or study in SHEV regional areas — the 42 months do not need to be consecutive and can span multiple SHEV grants
• The 42 months can be a combination of work and study periods

Meeting the SHEV pathway requirements makes the holder eligible to apply for certain other visas — it does not guarantee that those visas will be granted. The visas accessible through the SHEV pathway are listed on the Department of Home Affairs SHEV pathway visa list.

For current application charges, refer to the DHA fee schedule. For current processing times, refer to global visa processing times.