Subclass 790
The Subclass 790 Safe Haven Enterprise visa (SHEV) gave 5 years of protection to people who arrived without a visa and committed to regional work or study. It is now closed to new applicants.
Safe Haven Enterprise Visa (SHEV) Holders
The Subclass 790 was granted to people who arrived in Australia without a visa, were found to engage Australia's protection obligations, and stated in writing that they intended to work or study in a specified regional area. It allowed a stay of up to 5 years.
SHEV holders who worked or studied regionally for 42 months without receiving Special Benefit payments could become eligible for certain other visas, such as skilled or partner visas. The SHEV is now closed to new applicants, and eligible holders are moving to permanent residence through the Resolution of Status (Subclass 851) visa. At Immilex, we can check which pathway fits your situation.
Key Factors:
- Refugee Status: You must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
- Complementary Protection: If you do not meet the refugee definition, you may still qualify if there are substantial grounds for believing you face a real risk of significant harm (torture, death penalty, arbitrary deprivation of life, or cruel/inhuman treatment).
- Identity & Security: You must cooperate with the Department to establish your identity. Every applicant undergoes security vetting by ASIO to ensure they are not a risk to the community.
- Character Standards: Must pass character checks. Convictions for serious crimes or being a danger to the Australian community result in mandatory refusal.
- Health Requirement: Must satisfy health criteria, though humanitarian waivers may be applicable.
Subclass 790 - Safe Haven Enterprise (SHEV)
What it is for: Individuals who arrived without a visa but commit to working or studying in regional Australia.
What it allows: Stay for up to 5 years; same benefits as TPV, plus a potential pathway to other substantive visas.
Key Requirements:
- Must indicate in writing the intent to work or study in a specified regional area.
- Must engage Australia’s protection obligations.
- To qualify for other visas (e.g., Skilled or Partner), you must work or study in a regional area for 42 months (3.5 years) without receiving "Special Benefit" payments.
Length: 5 Years.
Note: The TPV and SHEV pathways are closed to new applicants; eligible historical holders are transitioned to permanent residency via the Resolution of Status (Subclass 851) visa.
Maintaining compliance
- Condition 8570 or 8559 (No Travel to Home Country): Protection visa holders (and bridging visa applicants) are strictly prohibited from traveling to the country from which they claimed protection. Doing so will likely lead to visa cancellation.
- Condition 8501 (Health Insurance): While waiting for a decision, you may need to maintain your health insurance until Medicare is formally activated.
- Work Rights on Bridging Visas: If your application is pending, your work rights depend on the bridging visa granted at lodgement.
The Protection Visa Process
Claims Audit
Assessment of your fear of persecution or risk of significant harm.
Lodgement
Valid onshore lodgement (must be in Australia).
Biometrics & Identity
Fingerprinting and digital photograph collection within 28 days.
Protection Interview
A formal interview with a Departmental officer to discuss your claims in detail.
Visa Decision
Decision on your permanent (866) or temporary (785/790) application.
For Subclass 790 (SHEV) Holders
For SHEV holders, the record of your regional work or study matters. Keep evidence of where you lived, worked and studied, and of any Centrelink payments you received, because it can affect which pathways are open to you.
Your earlier protection claims remain on file, so any new application should be consistent with that history. You must not travel to the country you claimed protection from.
Frequently Asked Questions
It depends on your date of arrival and application. If you held or applied for a SHEV prior to 14 February 2023, you are generally eligible to transition directly to the permanent Resolution of Status (RoS) visa (Subclass 851). However, if you applied for your first protection visa after this cut-off date, the 790 remains strictly a temporary 5-year visa. Your only route to permanent residency is by successfully completing the 42-month regional SHEV pathway and qualifying for a separate skilled or family visa.
To satisfy the SHEV pathway, you must physically live, work, or study full-time in a specified regional post-code for a total of 42 months (3.5 years) out of your 5-year visa. Crucially, during those 42 months, you must not receive "Special Benefit" social security payments.
Yes, but only if they meet the SHEV Pathway requirements (42 months of regional work/study) and satisfy the skills and points requirements for those specific subclasses.
Manage Your Protection Claim with Care
Holding a SHEV and weighing the 851 against another pathway? Contact us at Immilex for an assessment of your options.