1. What is a Humanitarian – Temporary Protection Visa (785)?
A Humanitarian Temporary Protection Visa (subclass 785) is a type of visa granted by the Australian government to individuals who are seeking protection and asylum in Australia due to humanitarian reasons. This visa is granted to people who are in Australia and cannot return to their home country due to fear of persecution, serious human rights abuses or armed conflict.
2. Who is eligible for a Humanitarian – Temporary Protection Visa (785)?
To be eligible for a Humanitarian Temporary Protection Visa, an individual must meet the following criteria:
– Be in Australia at the time of application
– Be unable to return to their home country due to fear of persecution or serious harm
– Not be eligible for any other visa type
– Cumplir con los requisitos de salud y carácter.
– Have not previously been refused a permanent protection visa
– Demonstrate that they meet the definition of a refugee or meet complementary protection criteria
3. How long does a Humanitarian – Temporary Protection Visa (785) last?
A Humanitarian Temporary Protection Visa is valid for three years from the date it is granted. After three years, the visa holder may be eligible to apply for a further temporary protection visa or a permanent protection visa.
4. Can I travel outside of Australia with a Humanitarian – Temporary Protection Visa (785)?
Yes, you can travel outside of Australia with a Humanitarian Temporary Protection Visa, but you will need to apply for and obtain an exit permit before leaving. The validity period of your exit permit will depend on your individual circumstances.
5. Can I work and study with a Humanitarian – Temporary Protection Visa (785)?
Yes, holders of a Humanitarian Temporary Protection Visa are permitted to work and study in Australia. However, certain restrictions may apply depending on your individual circumstances.
6. What happens if my circumstances change while holding a Humanitarian – Temporary Protection Visa (785)?
If your circumstances change while holding a Humanitarian Temporary Protection Visa, such as a change in your country of origin or the situation in your home country, you should inform the Department of Home Affairs as soon as possible. This may affect your visa status and eligibility for further protection.
7. Are there any benefits provided with a Humanitarian – Temporary Protection Visa (785)?
Holders of a Humanitarian Temporary Protection Visa are entitled to certain benefits and support from the Australian government, such as access to Medicare, education and employment opportunities, and financial support if they are unable to work due to medical reasons.
8. Can I include family members in my application for a Humanitarian – Temporary Protection Visa (785)?
Yes, family members can be included in the application for a Humanitarian Temporary Protection Visa. However, they must also meet all eligibility requirements and provide evidence of their relationship to the primary applicant.
9. Can I apply for permanent residency with a Humanitarian – Temporary Protection Visa (785)?
No, the Humanitarian Temporary Protection Visa is only valid for three years and does not lead to permanent residency. After three years, holders can apply for a further temporary protection visa or a permanent protection visa if they continue to meet the eligibility criteria.
2. Who is eligible to apply for a 785 visa?
The 785 visa is no longer in effect. It was a temporary business visa that allowed people to do short-term, highly specialized work in Australia. Eligibility for this visa included having a job offer or contract from an Australian company, sufficient funds to support oneself during the stay, and appropriate qualifications or experience for the specific job.
3. How do I know if I meet the criteria for a 785 visa?
To meet the criteria for a 785 visa, you must:
1. Be a temporary resident in Australia with a valid visa that is about to expire or has expired less than 28 days ago.
2. Have no other ongoing visa applications or bridging visas.
3. Be unable to apply for another substantive visa while in Australia.
4. Have maintained lawful status and complied with all conditions of your previous visa.
5. Have no outstanding debts to the Australian government.
6. Meet health and character requirements.
7. Demonstrate that you have significant personal ties to Australia that would make it unreasonable for you to leave the country.
8. Have compelling and compassionate circumstances that warrant the grant of this visa.
If you believe you meet these criteria, you can contact the Department of Home Affairs or a registered migration agent for further guidance on your eligibility for a 785 visa.
4. Can I apply for a 785 visa from within Australia?
Yes, you can apply for a 785 visa from within Australia as long as you hold a valid visa that allows you to make an application onshore. However, if you are in Australia on a visitor visa, you may need to provide evidence of compelling or compassionate reasons in order to be granted the 785 visa. You may also need to meet certain conditions such as having no further stay conditions attached to your current visa. It is always recommended to consult with the Department of Home Affairs or a professional immigration advisor before applying for any visa in Australia.5. What documents do I need to provide with my 785 visa application?
The documents required for a 785 visa application may vary depending on your individual circumstances. However, some common documents that may be required include:
1. A completed application form
2. Valid passport and/or travel document
3. Evidence of sufficient funds to support yourself in Australia
4. Proof of health insurance cover in Australia
5. Evidence of your intended genuine temporary stay in Australia (such as return flight tickets, accommodation booking)
6. Police clearance certificate from all countries you have lived in for 12 months or more in the past 10 years (if applicable)
7. Medical examinations and chest x-rays (if applicable)
8. Proof of any dependencies or family members included in the application
9. Employment or education documents to demonstrate your ties to your home country and intention to return after your stay
10.Certified translations of any non-English documents.
It is recommended to check the official Australian government website for a more comprehensive list of required documents before submitting your visa application.
6. Is there an age limit for the 785 visa?
Yes, there is an age limit for the 785 visa. Applicants must be under the age of 31 at the time of application. However, this age limit may be higher for certain occupations that are in demand in Australia. It is important to check the specific eligibility requirements for your occupation before applying for the visa.
7. How long does it take to process a 785 visa application?
The processing time for a 785 visa application varies and can take anywhere from several weeks to several months. Factors that may affect the processing time include the completeness of the application, individual circumstances, and the current workload of the immigration department. It is important to apply well in advance of any planned travel to allow for sufficient processing time.
8. Will I have work and study rights on a 785 visa?
Yes, a 785 visa allows you to work and study in Australia. However, there may be certain restrictions on the number of hours you can work per week while studying. It is important to check the conditions of your specific visa to ensure compliance.
9. Can I travel outside of Australia with a 785 visa?
Yes, as a holder of a 785 visa, you are allowed to travel outside of Australia and re-enter as many times as you wish while your visa remains valid. However, before traveling, it is important to make sure that your visa is still valid and that you have all necessary travel documents such as a valid passport and any additional documents required by the countries you will be visiting. Additionally, if you leave Australia with a Bridging Visa A (BVA), it will cease upon departure and you will need to apply for another BVA or apply for a new visa upon re-entry into Australia.
10. Can I include my family members in my 785 visa application?
Yes, you can include certain family members in your 785 visa application. This includes your spouse or de facto partner, as well as any dependent children under the age of 23. You will need to provide evidence of your relationship and their dependency in order for them to be included in your application. However, if they are not currently living with you in Australia, they may need to apply for their own visa to join you. It is important to carefully review the eligibility criteria and requirements for including family members before submitting your application.
11. Do I need to prove that returning to my home country would pose a risk to my safety or well-being?
Yes. To be granted asylum in another country, you will need to provide evidence and/or testimony to support your claim that returning to your home country would pose a risk to your safety or well-being. This may include documentation such as police reports, medical records, or witness statements, as well as any personal experiences or reasons for fearing persecution in your home country. The level of proof required may vary depending on the specific country and the circumstances of your case, so it is important to consult with an experienced immigration attorney for guidance.
12. What happens if my circumstances change while on a 785 visa?
As a temporary visa, a 785 visa is typically granted for a specified period of time and for specific purposes. If your circumstances change while on the visa, you should contact the Department of Home Affairs as soon as possible to discuss your situation. Depending on the changes, you may need to apply for a different visa or have your current visa conditions amended.For example, if you plan on studying in Australia but your plans change and you no longer wish to study, you may need to apply for a different type of visa that better suits your new intentions. Additionally, if your personal or financial situation changes significantly during your stay in Australia, it is important to inform the Department of Home Affairs so they can assess how this may impact your ability to stay in the country.
It is always best to keep the Department informed of any significant changes to ensure that you are complying with your visa conditions and legal obligations while in Australia.
13. Is there a maximum duration for a 785 visa?
Yes, the maximum duration for a 785 visa is 3 years.
14. Can I extend my stay on a 785 visa?
No, a 785 visa is a temporary visa and cannot be extended. You must leave Australia before the expiry date of your visa or apply for a different type of visa if you wish to stay longer.
15. Will having criminal convictions affect my chances of getting a 785 visa approved?
It is possible that having criminal convictions could affect your chances of getting a 785 visa approved. The Department of Home Affairs considers the character of individuals applying for visas and criminal convictions may impact their decision. It is important to provide all relevant information about your criminal history and any steps you have taken towards rehabilitation when lodging your visa application. Each case is assessed individually and factors such as the severity of the offense, time since conviction, and evidence of rehabilitation will be taken into consideration. It is best to seek advice from a registered migration agent for personalized assessment and assistance with your application.
16. Can I access Medicare benefits with a 785 visa?
No, a 785 visa is not eligible for Medicare benefits. Only certain visas, such as permanent resident visas or certain temporary work visas, allow access to Medicare benefits. You may need to purchase private health insurance while on a 785 visa for medical coverage in Australia.
17. What are some reasons that may lead to the cancellation of a 785 visa?
1. Failure to meet the conditions of the visa: If a 785 visa holder fails to comply with the conditions of their visa, such as not maintaining their valid student status or working more hours than allowed, their visa may be cancelled.
2. Non-compliance with migration laws: Any violation of Australian migration laws can lead to the cancellation of a 785 visa. This includes providing false or misleading information during the application process, not informing the Department of Home Affairs about any changes in circumstances, or engaging in activities that are prohibited under this visa.
3. Criminal convictions: A 785 visa may be cancelled if the holder is convicted of a serious crime while in Australia or has spent more than one year in prison since arriving on this visa.
4. Health issues: If a 785 visa holder develops a health condition that could pose a threat to public health and safety, their visa may be cancelled.
5. Not commencing studies: As per the requirements for a 785 visa, the holder must commence their studies within six months of arriving in Australia. If they do not start their studies within this timeframe, their visa may be cancelled.
6. Breach of work conditions: A 785 visa holder is only allowed to work up to 20 hours per week during term time and full-time during semester breaks. Any breach of these work conditions may result in cancellation of the visa.
7. Failure to maintain adequate health insurance: International students are required to have adequate health insurance for the duration of their stay in Australia. If a 785 visa holder fails to maintain this insurance coverage, their visa may be cancelled.
8. Expired passport or financial capacity: It is mandatory for international student visa holders to maintain a valid passport and demonstrate sufficient financial resources during their stay in Australia. Failure to do so can result in cancellation of the 785 visa.
9. Non-attendance at school or university: International students on a 785 visa must maintain full-time enrollment at their chosen institution. If they fail to do so without a valid reason, their visa may be cancelled.
10. Non-genuine temporary entrant: The Department of Home Affairs may consider cancelling a 785 visa if they believe the holder is not a genuine temporary entrant and intends to use their student visa as a pathway to migrate permanently to Australia.
11. Breach of any other visa condition: Any violation of the conditions of the 785 visa can result in its cancellation by the Department of Home Affairs.
18. Can I apply for permanent residency with a 785 visa?
No, you cannot apply for permanent residency with a 785 visa. The 785 visa is a temporary visa that allows you to work in Australia for a specific period of time. If you want to apply for permanent residency in Australia, you will need to meet the eligibility criteria for a different type of visa, such as a skilled migration visa or family stream visa. These visas have different requirements and pathways to permanent residency. It is important to research and determine which visa category best suits your situation before applying.
19. Are there any restrictions on employment or business activities while on a 785 visa?
There are no specific restrictions on employment or business activities while on a 785 visa. However, holders of this visa should comply with all relevant Australian laws and regulations regarding work and business. They must also ensure that their employment or business activities do not violate the conditions of their visa, such as the requirement to engage in full-time study for the duration of the course. Additionally, international students may be limited to working a certain number of hours per week during their studies, depending on the conditions of their student visa. It is important for 785 visa holders to carefully review the terms and limitations of their visa to avoid any violations.
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