Visa pathway guide
785 Temporary Protection visa (subclass 785)
A temporary visa for people who arrived in Australia without a visa and seek asylum. It allows eligible holders to live, work and study in Australia for 3 years.
Visa details
At a Glance
| Item | Details |
|---|---|
| Visa name | Temporary Protection visa (subclass 785) |
| Purpose | Protection for eligible asylum seekers |
| Stay | 3 years |
| Cost | AUD50.00 |
| Apply from | Australia only |
| Eligibility timing | In Australia when applying |
| Work rights | Work permitted |
| Study | Study permitted |
| Medicare | Access available |
| Government services | Centrelink and Workforce Australia |
| Travel facility | Restricted; written approval required |
| Home-country travel | Prohibited |
| Citizenship | Not eligible while holding TPV |
| Family sponsorship | Not permitted |
| Family members | Same family unit may apply |
| Visa record | Digitally linked; no visa label |
| Processing | Processing times unavailable |
| Review rights | ART merits review may apply |
Temporary Protection visa (subclass 785)
A temporary visa for people who arrived in Australia without a visa and seek asylum. You must engage Australia’s protection obligations and meet all other requirements.
Eligibility
You must:
- Be unable to make a valid permanent Protection visa (subclass 866) application.
- Be an unauthorised maritime arrival, have entered without a valid visa, not have been immigration cleared at last entry, or hold or have held a specified temporary protection-related visa.
- Be a refugee or meet Australia’s complementary protection criteria.
- Be in Australia when applying.
- Meet identity, health, character and security requirements.
- Not be subject to an application bar, unless the Minister has lifted it.
- If aged 18 or over, sign the Australian Values Statement.
You may need to provide biometrics if you have not previously provided them.
Stay and further visas
The visa is temporary and lasts 3 years.
- If granted a TPV and you arrived in Australia on or after 14 February 2023, you may apply for a subsequent TPV or Safe Haven Enterprise visa (SHEV) before expiry if you still need protection and are not subject to application bars.
- Certain TPV holders may be eligible for a permanent Resolution of Status visa (subclass 851).
- The Department recommends applying for a subsequent TPV or SHEV at least 3 months before expiry.
- If you make a valid subsequent TPV or SHEV application while your TPV remains valid, your TPV stays in effect until a decision is made.
If your TPV expires without a further visa application, you may become unlawful and may be barred from reapplying for a TPV or SHEV.
Rights and services
You can:
- Live, work and study in Australia for 3 years.
- Access Medicare, Centrelink and Workforce Australia services.
- Access short-term torture and trauma counselling where required.
- Attend free English language classes if eligible.
- Obtain an ImmiCard if eligible.
- Be protected by Australian workplace laws.
Check current visa conditions through VEVO.
Family provisions
Members of your same family unit may apply together if they are in Australia and eligible.
This can include:
- Your spouse or de facto partner.
- Dependent children or step-children.
- Other dependent relatives.
Dependent children aged 18 or over must be incapacitated for work or substantially reliant on a parent or step-parent. A child who is married, engaged, or in a de facto relationship is not a dependent child.
Other dependent relatives must not have a spouse or de facto partner, usually live with the family head, and be wholly or substantially reliant on them.
You cannot sponsor family members through the Australian Humanitarian or Family Migration Programs while holding a TPV.
Adding family after lodgement
Before a decision, you may add an eligible spouse, de facto partner or dependent child who is in Australia using Form 1436, with relationship evidence.
A child born after lodgement and before decision is generally taken to be included in the application. Notify the Department promptly using Form 1022 and the child’s birth certificate.
Required evidence
Provide complete, truthful information and supporting evidence when lodging. The Department may decide based only on what you submit.
Key documents include:
- Colour scans or photographs of identity, nationality and citizenship documents.
- All pages of current or expired passports, if available.
- Birth certificate, national identity card, driver licence and name-change evidence.
- A written explanation if you cannot provide identity or travel documents.
- Detailed protection claims and available supporting evidence.
- Evidence of relationships between all applicants.
- Military records or discharge papers, if applicable.
- Visas or residence permits held by each applicant.
Do not arrange police certificates until requested. The Department may request police certificates for countries where you lived for at least 12 months in the previous 10 years after turning 16, except a country from which you claim protection.
Non-English documents must be translated into English. Submit both original-language and translated documents. Australian translations must be completed by a NAATI-accredited translator.
Protection claims
The application requires full details of why you seek protection, including:
- The country from which you seek protection.
- Why you left and cannot return.
- Harm experienced, feared harm, and who caused it.
- Why you fear future harm.
- Whether you could safely relocate within that country.
- Whether authorities can protect you.
- Your departure, travel and arrival history.
Provide all claims and evidence at lodgement wherever possible. False or misleading information may result in refusal, criminal penalties, or credibility concerns.
How to apply
Apply online through ImmiAccount.
- Create or log in to ImmiAccount.
- Complete the protection visa application.
- Attach supporting documents.
- Pay the application charge.
- Keep your Transaction Reference Number (TRN).
The application fee is AUD50.00. If you are in immigration detention and were not immigration cleared, you do not have to pay the fee.
You may appoint:
- An authorised recipient using Form 956A.
- A registered migration agent, legal practitioner or exempt person using Form 956.
After applying
The Department will send an acknowledgement letter.
You may receive a bridging visa allowing lawful stay while the application is processed. Work rights on a bridging visa depend on your circumstances.
The Department may request:
- Health examinations after issuing a HAP ID.
- Biometrics, including fingerprints and a facial photograph.
- Further documents or information.
- An interview.
If requested to provide biometrics and you do not comply, your application will be invalid. Any bridging visa granted when applying may end 35 days after notification of invalidity.
If invited to an interview:
- Attend or promptly explain why you cannot.
- Bring original identity documents and supporting evidence.
- Provide further information at least 5 working days before the interview where possible.
- Tell the truth and give complete answers.
The Department may decide your application without an interview or further contact.
Processing and outcomes
Processing times are unavailable. Processing may take longer if the application is incomplete, documents are missing, information needs verification, or requests are not answered promptly.
If granted, the visa grant letter states your grant number, grant and expiry dates, and visa conditions.
If refused, the refusal letter explains reasons and any review rights. You may apply for merits review through the Administrative Review Tribunal if eligible, within the stated timeframe. The application fee is not refunded after refusal.
Obligations
You and included family members must:
- Obey Australian laws.
- Meet all visa conditions.
- Keep the Department informed of changes to contact details, passport, name, relationship status, births and deaths.
- Correct errors using Form 1023.
- Respond to Department requests by the stated deadline.
You are not eligible to apply for Australian citizenship while holding this visa.
Travel restrictions
Visa condition 8570 (Restricted travel) applies.
You must not:
- Travel to or enter your home country under any circumstances.
- Use your home-country passport for travel.
- Travel to another country without Departmental written approval.
Travel to another country is only permitted where you have compassionate or compelling reasons and obtain written approval before leaving Australia.
Before travelling:
- Complete Form 1454.
- Email it to travel.request@homeaffairs.gov.au.
- Obtain written approval before departure.
- Obtain an eligible travel document from the Australian Passport Office.
- Confirm your visa remains valid for the full period overseas.
- Update the Department with new travel-document details.
Travelling without approval, entering your home country, or using a home-country passport may breach condition 8570. The Department may cancel your visa and family members’ visas while you are offshore.
If you leave Australia while your TPV application is pending, your bridging visa will expire and you cannot re-enter unless you hold another valid visa.
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