Subclass 790 — Safe Haven Enterprise visa

Who the Safe Haven Enterprise visa is broadly for

General information only — not immigration assistance or legal advice. This is one of Australia's onshore temporary protection pathways. In broad terms, it is intended for people who are already in Australia, who arrived without a valid visa, and who are found to engage Australia's protection obligations under Australian law. It is a temporary visa, and holders who build a record of work or study in designated regional areas may, over time, become able to consider certain further visa pathways. Protection and refugee matters are among the most individual and legally complex parts of the migration system. Whether any particular person engages Australia's protection obligations — and whether they qualify for this visa at all — is a legal question that depends entirely on that person's circumstances. It is not something that can be answered by generic content. Typically, applicants must be in Australia when they apply and when a decision is made, must satisfy health, character, identity and security requirements that apply across the visa program, and family unit members may be able to be included in the one application. This page describes the process in general terms. It does not assess anyone's situation and does not advise on whether a person should apply. Eligibility, current requirements and definitions are set out on the official Home Affairs page, and a registered migration agent or an immigration lawyer can advise on an individual's circumstances. Free or low-cost legal help is often available to people seeking protection in Australia, and checking what assistance is available is generally worthwhile before lodging anything.

Common questions

Health examinations and character checks

The Safe Haven Enterprise visa (subclass 790) is an onshore protection visa, and character, identity and security checks form part of how these applications are assessed. Under the character requirements set out in section 501 of the Migration Act 1958, a person generally must meet the character requirements to be granted a visa and to stay in Australia, and a visa can be refused, or later cancelled, where a person does not meet them. As part of a character assessment, applicants may be asked to provide a police certificate, to complete character-related forms such as a personal particulars form, or to provide other supporting documents. The department may take criminal convictions or charges, whether in Australia or overseas, into account. Applicants, and any family members included in the application, may also be asked to complete immigration health examinations to show they meet the health requirement. After an application is reviewed, any examinations required are arranged through a referral the department issues, and examinations completed within the previous 12 months may not all need to be repeated. Where additional examinations are undertaken, the person applying generally meets the cost of those examinations. This is general information only and is not immigration assistance or legal advice.

Health cover and Medicare

Services Australia lists the Safe Haven Enterprise visa (subclass 790) among the temporary visas covered by a Ministerial Order, which means holders may be able to enrol in Medicare while they are in Australia. According to Services Australia, holders and their family members can generally enrol where they live in Australia and have a current passport or ImmiCard together with valid visa details from the Department of Home Affairs. Enrolment can generally be done online through myGov or by completing a Medicare enrolment form. Because Medicare eligibility in this situation is tied to holding a qualifying visa, that eligibility can be time-limited; Services Australia notes that eligibility that is about to expire may be able to be extended. This is general information only and is not immigration assistance or legal advice.

Government charges and other costs

Visa application charges for Australian visas are set by the Department of Home Affairs and published in its official pricing information. Any such government charge is separate from, and should not be confused with, any fee charged by a service provider or platform. Where a person later applies for a subsequent Temporary Protection visa or Safe Haven Enterprise visa, a subsequent temporary application charge may also apply. According to the department, this charge is worked out for each person based on their individual visa history and, where it applies, is payable in addition to any other visa charges that apply, unless an exemption applies. Applicants may also meet other associated costs, such as any immigration health examinations they are required to undertake. Because government charges change over time, current amounts are published by the Department of Home Affairs and should be checked directly before relying on any figure. This is general information only and is not immigration assistance or legal advice.

Visa validity, renewal and pathways

The Safe Haven Enterprise visa (subclass 790) is a temporary protection visa. The Department of Home Affairs states that it lets a person stay in Australia for five years and that it ceases five years after the date of grant. Holders who still need Australia's protection are generally expected to apply for a subsequent Temporary Protection visa or Safe Haven Enterprise visa before the current visa expires. The department states that where a valid subsequent application is made while the person still holds the visa, the visa remains in effect until a decision is made, and that work and study rights and Medicare and Centrelink eligibility continue during that time, though a Medicare card may need to be renewed. When applying, applicants sign a declaration on the application form that they intend to work or study in regional Australia. The department also refers to a pathway to permanent residence or citizenship; the specific requirements of that pathway are set out by the department and should be checked directly, and meeting any such pathway does not guarantee the grant of a further visa. Separately, the department states that current or former Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790) holders who arrived in Australia before 14 February 2023 may be eligible to apply for a permanent Resolution of Status (subclass 851) visa. The department describes finalising these applications as a complex process that takes time and does not publish a standard processing time for this visa, so current information should be checked with the Department of Home Affairs. This is general information only and is not immigration assistance or legal advice.

Visa conditions that generally apply

According to the Department of Home Affairs' "check your visa conditions" tool, two conditions are generally recorded against the Safe Haven Enterprise visa (subclass 790): condition 8570 (travel restriction) and condition 8565 (notification of address changes). The conditions actually attached to a particular grant are shown in the visa grant letter and in VEVO, which are the authoritative record. Condition 8570 (restricted travel) limits where a holder can go while holding the visa. In plain terms, a holder cannot travel to their home country under any circumstances, and can only enter another country if they have compassionate or compelling reasons and have obtained the Department's written approval to travel before leaving Australia. Travelling overseas without that written approval breaches the condition and can lead to the visa (and the visas of accompanying family members) being cancelled while the person is outside Australia. Condition 8565 requires the holder to let the Department know within 28 days if their address changes, so the Department can stay in contact with the person. Some conditions that are common on other visa types are not generally listed for this visa. For example, the mandatory health-insurance condition (8501) and the "no further stay" condition (8503) are not among the conditions the Department records for the subclass 790. Anyone checking their own situation should rely on their grant letter and VEVO rather than assumptions about which conditions apply. This is general information only and is not immigration assistance or legal advice.

Who is generally eligible and what decision-makers look at

The Safe Haven Enterprise visa is an onshore protection visa for people who arrived in Australia without a visa and want to seek asylum, and it is applied for from within Australia. Unlike skilled or points-tested visas, the eligibility criteria for this visa do not include an age limit, an English-language test, a skills assessment, an occupation list, a points test, or an employer or state nomination. The central requirement is that an applicant engages Australia's protection obligations, or is a member of the same family unit as someone who does. Under the Migration Act 1958 this generally means being found to be a refugee, or meeting the complementary protection criteria (broadly, that Australia must not return the person to their home country because of a real risk of significant harm). Beyond the protection claim, applicants are generally asked to meet identity, health, character and security requirements. This can include providing evidence of identity, completing health examinations, and meeting character requirements. Applicants who are 18 or older are generally asked to confirm they have read, or had explained to them, the Life in Australia booklet and to sign the Australian Values Statement, and the application form includes a declaration that the applicant intends to work or study in regional Australia. Some people may be barred from making a valid application. According to the Department, this can apply to a person who is an unauthorised maritime arrival, who was immigration cleared when they arrived, who has had a protection visa refused or cancelled since their last arrival, who holds or has held a Humanitarian Stay (Temporary) (subclass 449) visa since last entering Australia, or who is a transitory person. The Minister has the power to lift an application bar where it is considered to be in the public interest. This is general information only and is not immigration assistance or legal advice.

Family members and what the visa allows after grant

Members of the same family unit can generally be included in the one Safe Haven Enterprise visa application rather than lodging separately. The Department sets out who counts as a member of the same family unit and how any charge for additional applicants is worked out, so applicants should confirm these details against the Department's current information rather than relying on assumptions. After grant, the visa generally allows a person to live, work and study in Australia temporarily for five years. Holders can generally access government services such as Workforce Australia, Centrelink and Medicare, as well as short-term counselling for torture and trauma when required, and can attend English language classes for free if eligible. Travel is restricted by condition 8570. A holder cannot travel to their home country under any circumstances, and can only enter another country if they have compassionate or compelling reasons and the Department has given written approval to travel before they leave Australia. Travelling without that approval, or entering the country from which protection was granted, can lead to the visa (and the visas of members of the same family unit) being cancelled. On the question of staying longer, the rules differ by arrival date. A Safe Haven Enterprise visa holder who arrived in Australia on or after 14 February 2023 generally needs to apply for a further Temporary Protection visa or Safe Haven Enterprise visa before the current visa expires, if they still need Australia's protection. A person who currently holds or formerly held a Temporary Protection visa or Safe Haven Enterprise visa and who arrived in Australia before 14 February 2023 may instead be eligible to apply for a permanent Resolution of Status visa (subclass 851). This is general information only and is not immigration assistance or legal advice.

Common refusal reasons and review at the Tribunal

Because this is a protection visa, applications of this type are commonly refused where the decision-maker is not satisfied the person engages Australia's protection obligations, that is, the person is not found to be a refugee and does not meet the complementary protection criteria. Applications can also be refused where identity, health, character or security requirements are not met, or where the person was barred from making a valid application in the first place. If the Department refuses or cancels a protection visa, the decision letter states whether the decision can be reviewed and who may apply. Merits review is generally through the Administrative Review Tribunal, which can consider decisions to refuse or cancel a protection visa and certain related decisions under the Migration Act 1958. Strict statutory time limits apply to lodging a review, and the applicable deadline is set out in the decision letter. A fee applies to Tribunal review, but the arrangement for protection decisions is different from other migration matters. For a refugee (protection) review there is no fee payable when the application is lodged; a fee (currently 2,293 Australian dollars) becomes payable only if the Tribunal affirms the decision under review, or sets it aside and substitutes a new decision. No fee is payable where the Tribunal sends the decision back to the Department. By contrast, general migration decisions reviewed under Part 5 of the Migration Act attract a fee payable up front (currently 3,727 Australian dollars, with a 50 per cent reduction available in cases of financial hardship). Merits review is a fresh look at the decision on the facts and law; outcomes depend on the individual case and nothing here predicts any particular result. This is general information only and is not immigration assistance or legal advice.

Costs: the government charge and other expenses

The government's base Visa Application Charge for the Safe Haven Enterprise visa is AUD 50.00, as published by the Department of Home Affairs. This is the government charge for lodging the application and is completely separate from any service or platform fee that this website, a migration agent or a lawyer might charge for assistance. Members of the same family unit are generally included on the one application rather than lodging separately. The exact amount of any charge for additional applicants included on an application is set out in the Department's current visa pricing and can be checked using the Department's Visa Pricing Estimator; applicants should confirm the current figures there rather than relying on estimates. Separate from the Visa Application Charge, applicants can incur other costs, such as health examinations and police or character certificates. These are generally paid to third parties (for example panel clinics or police authorities), not to the Department, and are additional to the visa charge. The Department sets out the current amounts and the rules on refunds on its fees and charges pages, and applicants are encouraged to check these before applying. Throughout, the government charge should always be read as distinct from any separate service or platform fee. This is general information only and is not immigration assistance or legal advice.