Article-Safe Haven Enterprise Visa (Subclass 790)
A Safe Haven Enterprise Visa (Subclass 790) (SHEV) is one of two types of temporary protection visas available to those claiming asylum who entered Australia without a valid visa, or were not cleared by immigration on arrival.
SHEV allows applicants to stay in Australia for up to 5 years, while the other temporary protection visa, Temporary Protection Visa (Subclass 785) (TPV) , only grants stay for up to 3 years. Besides from the difference in grant period, the main difference between SHEV and TPV is that the person applying for SHEV must intend to work or study in a regional areas, this is part of the Australian government’s policy to incentivise people on living and working in regional areas.
SHEV applicants could include members of the same family unit to apply together on the same application, given that the family members are also in Australia at the time of application. SHEV holders could also access government services such as Medicare and Centrelink. However, SHEV holders are under restricted travel condition, SHEV holders are not allowed to travel to the home country under any circumstances, and may only enter any other country if written approval is granted by the Immigration Department based on compassionate or compelling reasons for travel prior to leaving Australia.
SHEV Pathway to Permanent Residency
Another important difference between a SHEV and a TPV is that, at the end of the 5 years of holding a SHEV, the holder of SHEV can apply for a permanent migration visa. Please note that this is not automatic and does not mean the applicant can apply for a permanent visa based on the sole reason that the applicant requires protection. The applicant must meet both the SHEV pathway eligibility requirements and the requirements of the other visas they are applying for.
SHEV Pathway Eligibility Requirements
To be eligible for the SHEV pathway, applicant must work without receiving Special Benefit social security payments, and/or study full-time in a SHEV regional area for a total of 42 months (3.5 years). The 42 months does not have to be continuous and can be over multiple periods while holding a SHEV. If an applicant requires more time to meet the SHEV pathway eligibility, the applicant must apply for a subsequent SHEV before the current visa ceases.
List of Visas Available Under the SHEV Pathway
Subclass 188 (Business Innovation and Investment (Provisional))
Subclass 189 (Skilled—Independent)
Subclass 190 (Skilled—Nominated)
Subclass 476 (Skilled—Recognised Graduate)
Subclass 491 (Skilled Work Regional (Provisional))
Subclass 858 (Distinguished Talent)
Subclass 186 (Employer Nomination Scheme)
Subclass 482 (Temporary Skill Shortage visa)
Subclass 494 (Skilled Employer Sponsored Regional (Provisional)
Subclass 407 (Training)
Subclass 500 (Student)
Subclass 590 (Student Guardian)
Subclass 143 (Contributory Parent)
Subclass 445 (Dependent Child)
Subclass 801 (Partner)
Subclass 802 (Child)
Subclass 804 (Aged Parent)
Subclass 820 (Partner)
Subclass 835 (Remaining Relative)
Subclass 836 (Carer)
Subclass 837 (Orphan Relative)
Subclass 838 (Aged Dependent Relative)
Subclass 864 (Contributory Aged Parent)
Subclass 884 (Contributory Aged Parent (Temporary))
Please kindly contact our office if you require advice on your eligibility to apply for a SHEV or a subsequent permanent visa following a SHEV.