Protection Visas

Protection Visa – Immigration Lawyer Sydney

There are two types of protection Visa.

• Permanent Protection Visa – subclass 866
• Temporary Protection Visa – subclass 785

Permanent Visa subclass 866

The permanent protection Visa is for foreign individuals who arrive in Australia on a valid visa and need to seek asylum.
This permanent visa allows the holder to live and work in Australia as a permanent resident, with access to Medicare Heath care and Centrelink services.

To be eligible for the Permanent Visa:

• You arrived in Australia on a valid visa, not through any illegal travel.
• You are appealing to Australia for protection and to meet the obligations.
• You have evidence of being a refugee.
• You meet health and character requirements.
• You have not been barricaded from lodging a Visa application.
• The minister is satisfied that granting your Visa works in the national interest.

A spouse and children (and sometimes other dependant relatives) may be included in the Protection Visa application.

The successful applicant may:

• Live permanently in Australia, and work or study.
• Make use of Medicare and Centrelink
• Sponsor family members and some relatives.
• Attended Free English classes, under some circumstances.
• Travel in and out of the country for 5 years
• In some cases apply for Australian citizenship

If this Visa is refused or cancelled the individual becomes an unlawful non-citizen, and will be placed in immigration detention. From here they may apply and perhaps be granted protection or removal pending Visa in the future, or they may be deported.

The cost of this Visa (866) is $40 Australian.

Temporary Visa subclass 785

The temporary Protection Visa maybe granted to those who arrive in Australia without a Visa.

This allows a foreign individual to stay in Australia for a limited prespecified period of time, with a maximum of three years. Often the specified period is shorter. During this time they may work or study and access Centerlink and Medicare, though this access may have restrictions.

Individuals on a Temporary Protection Visa may not return to their country of origin, and can only travel to other countries if granted written permission by the Home affairs Office. They cannot sponsor other individuals for Visas.

The cost of this Temporary Protection Visa (785) is $40 Australian

If the temporary Visa is due to expire the individual may apply for another Temporary Protection Visa (785) or in some rare cases a Safe Haven Visa (790). They are not permitted to apply for any other type of Visa.

In the rare event that an individual has been granted a Safe Haven Visa they may latter apply for some other types of Visa when this Safe Haven Visa is due to expire.

Immigration Lawyer Sydney

Permanent or Temporary Protection Visas allow individuals to stay in Australia, but may limit other Visa options in the future.

Disclaimer: The information in this article is provided for informational purposes only. It does not constitute legal advice and should not be relied upon as such. No individual should take, or refrain from taking, any action solely based on the material contained in this article. While we aim to offer accurate and timely information, we cannot guarantee its accuracy on the date of receipt or in the future. If you require more information or seek relevant legal advice specific to your circumstances, please contact our office.