Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) Subclass 785/ Subclass 790
What are the Temporary Protection Visa (TPV) and the Safe Haven Enterprise Visa (SHEV)?
These are temporary visas granted to people who came to Australia without a visa and are seeking protection here in Australia. They allow visa holders to:
- Live, work and study in Australia temporarily
- Access government services
- Travel overseas to countries other than the country they seek protection from unless written approval is provided by the Department of Home Affairs.
The TPV allows visa holders to remain in Australia for 3 years and the SHEV allows the visa holder to remain for a period of 5 years.
Are there any restrictions on work?
SHEV and TPV holders have unrestricted work rights.
What happens at the expiry of the temporary protection visa?
Visa holders have the option to apply for another TPV or SHEV prior to their visa expiry.
Specifically, SHEV holders who, for at least 42 months in the five years, have engaged in employment, full time-study, or both in regional Australia without relying on social security benefits, can apply for onshore visas that may result in temporary or permanent residence.
How can someone prove they have this visa if they do not have a travel document?
Temporary protection visa holders are eligible to obtain an ImmiCard. This is an official, secure immigration credential which contains a photograph and personal details of the holder. The ImmiCard also has a unique number linked to biometric and visa details in the Department of Home Affairs systems.
Employers can use the ImmiCard in place of a passport to run a visa verification check.
What are my obligations as an Employer?
Prior to offering employment to these visa holders, you must be satisfied that the person has work rights to undertake the role. Department of Home Affairs requires employers to take reasonable steps regularly to ensure that an overseas worker is not employed in breach of their visa conditions. As this is a temporary visa the Department of Home Affairs recommends carrying out regular work rights verification checks to ensure the visa is still in effect.
What are the visa conditions associated with this visa?
While in Australia, the visa holder is unable to make a valid visa application for any new substantive visa other than a Protection visa.
Visa holder must notify the Department of Home Affairs within 28 days of a change in their residential address.
Visa holder must not enter the country from which they sought protection unless the Department of Home Affairs approves the entry in writing.