Safe Haven Enterprise Visa (Subclass 790)
The Safe Haven Enterprise Visa (subclass 790) was a regional-focused temporary protection pathway for unauthorised maritime arrivals found to engage Australia's protection obligations. It was closed to new applications in February 2023. Existing holders continue to hold valid visas and have a pathway to permanent residence through the Resolution of Status (subclass 851) visa.
Visa Plan Lawyers advises existing SHEV holders on the Resolution of Status pathway, merits review before the Administrative Review Tribunal, and related protection matters.
Closure to New Applications
The Australian Government announced in February 2023 that holders of the Safe Haven Enterprise Visa and the Temporary Protection Visa would be offered a pathway to permanent residence through the Resolution of Status (subclass 851) visa. No new subclass 790 applications have been accepted from that date.
Existing subclass 790 visas remain valid according to their terms. The Resolution of Status visa provides a route to permanent residence for eligible holders.
The SHEV Framework
The subclass 790 visa was granted for up to five years and carried regional work and study conditions. Holders were required to live, work, or study in designated regional areas of Australia. Meeting the SHEV work and study requirements over a qualifying period was originally intended to open access to certain other visa subclasses.
The closure of the subclass to new applications and the availability of the Resolution of Status pathway have changed the landscape for existing holders.
Visa Conditions and Rights
The subclass 790 visa confers the right to live, work, and study in Australia for the duration of the visa, subject to the regional conditions attached to the grant. Holders have access to Medicare, certain Centrelink payments, and other services available to SHEV holders.
Travel outside Australia is generally not permitted except in compelling or compassionate circumstances, and requires prior written approval from the Department of Home Affairs.
The Resolution of Status Pathway
The Resolution of Status (subclass 851) visa provides permanent residence for eligible SHEV and TPV holders. Eligibility, lodgement timing, and the evidence required to support the application depend on the applicant's individual circumstances, visa history, and conduct.
Strategy at the outset shapes the outcome. Visa Plan advises on the preparation and lodgement of Resolution of Status applications and on merits review where needed.
Merits Review
A refusal of a Resolution of Status application, or of any protection visa, may be reviewed by the Administrative Review Tribunal within the statutory time limit. The Tribunal conducts a full merits review through its Protection and Immigration Jurisdictional Area. Further review on questions of law is available in the Federal Circuit and Family Court of Australia.
Related Pages
- Protection Visas The main onshore protection pathway and overview of the framework.
- Temporary Protection Visa The subclass 785 temporary protection pathway, also closed to new applications.
- Australia's Complementary Protection Protection for a person who faces a real risk of significant harm outside the Refugees Convention.
Speak with Visa Plan Lawyers
Existing SHEV holders navigating the Resolution of Status pathway face time-critical decisions. Contact Visa Plan to discuss your circumstances.
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