Temporary Protection and Safe Haven Enterprise visa changes

The Australian Government has announced the implementation of its commitment to transition Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders onto a permanent visa. It applies to those who have ever held a TPV or SHEV visa if that visa has not been cancelled.

Following amendment of the Migration Regulations 1994, people who have held or applied for those visa classes before 14 February 2023 may be eligible for a permanent subclass 851 Resolution of Status (RoS) visa.

More detailed information about the RoS visa is available at the Department of Home Affairs. This factsheet gives a high level overview of the changes and is available seven languages: Arabic, Burmese, Dari, Farsi, Pashto, Rohingya and Tamil (Sri Lanka).

From 14 February 2023, a small number of people will be asked to apply for a permanent visa. Most people will not be able to apply for a permanent visa until late March 2023.

If you have clients with circumstances needing further clarity, you may wish to refer them to the Refugee and Immigration Legal Service (RAILS). They can speak with people who:

  • have a current SHEV which expires in the next three months
  • have a physical illness, disability or condition that interferes with their ability to work or to go about their daily life
  • have a mental illness, disability or condition that interferes with their ability to function
  • are homeless or at risk of homelessness
  • are experiencing family violence or have recently left a violent relationship
  • are aged under 18 or over 60 and are not part of a family group here in Australia
  • are expecting a new baby (or someone in their family here in Queensland is), or
  • have a child overseas who is aged between 17 and 23.

Clients can be referred here.