Temporary Protection and Safe Haven Visas: What Applicants Need to Know

In Australia’s protection visa system, two temporary pathways have historically been used for individuals who arrived without a valid visa, which are the Temporary Protection Visa (TPV) (Subclass 785) and the Safe Haven Enterprise Visa (SHEV) (Subclass 790).

What are the TPV (Subclass 785) and SHEV (Subclass 790) Visas?

The TPV (SC785) and the SHEV (SC790) visas were designed for individuals who were found to be refugees but were prevented from applying for a Permanent Residency (PR) visa because of how they arrived in Australia, often referred to as "unauthorised maritime arrivals".

TPV (SC 785) visa lasts for 3 years. It allows you to live, work, and study in Australia, but it does not lead to a PR.
SHEV (SC 790) visa lasts for 5 years. It was designed to encourage refugees to live and work in regional Australia. If a SHEV holder worked or studied in a designated regional area for 3.5 years, they could potentially apply for other visa types.

Are There Pathways to Permanent Residency (PR)?

As of February 2023, the Australian Government introduced a major policy shift. Most people who hold or have applied for a TPV or SHEV are now eligible to move to the Resolution of Status (RoS) (Subclass 851) visa. This means that if you are eligible:

To stay in Australia permanently.
To access Medicare.
You may be able to sponsor family members (subject to strict rules).
Have a pathway to Australian Citizenship once residency is met.

Does the Transition to PR Happen Automatically?

The process depends on your current situation:

If you held a TPV or SHEV before 14 February 2023, your application for a new temporary visa was, in many cases, automatically converted to an application for the RoS visa.
If your application is still being processed, the Department will first assess your claims for protection. If you are found to be a refugee, they may assess you for the RoS visa instead of the SC785 or SC790.

What are the Obligations for SHEV Holders?

If you are still on a SHEV (SC790), you need to meet the regional requirements, which generally require you to live and work or study in a designated regional area. It is important to seek legal advice to determine whether you still need to meet these regional conditions or can transition directly to PR.

What are the Common Risks and Pitfalls?

Even though there is now a pathway to PR, there are still risks:

To obtain a permanent RoS visa, you must still meet strict health and character requirements.
The Department will look at your original protection claims. If your story changes or if you provide false information, your visa could be refused under PIC4020.
Temporary protection holders must be very careful about travelling outside Australia. Returning to the country you fled will almost always result in your visa being cancelled.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Navigating the transition from a temporary protection visa to a permanent one can be confusing. Reach out to speak with one of our immigration lawyers for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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