If you hold a 3 year Temporary Protection Visa (TPV) or a 5 year Safe Haven Enterprise Visa (SHEV), you must make a further application for a TPV or SHEV before your current visa expires. If your current visa expires you will not be lawful in Australia. This will cause significant problems for any further TPV or SHEV application and may lead to your detention or removal from Australia..
A subsequent TPV/SHEV application will reassess your personal circumstances and your country circumstances and whether you are still owed protection by Australia.
When should I apply for a subsequent (or second) TPV/SHEV?
- It is important to apply before your current TPV or SHEV expires.
- You can make an application at any time before the expiry of your current TPV or SHEV.
- You will be sent a reminder by the Department generally around 90 days before your current visa expires. However, if you have changed your address or changed your email, it is possible you will not receive this notice and you should still act quickly to make your application.
- You should apply at a minimum around three to six months before expiry,
Even if a decision on your lodged Subsequent TPV/SHEV is not made prior to the expiry of your current visa, if your application is lodged you will still be lawful in the community.
Currently, the Department has yet to commence processing cohort of subsequent TPV/SHEV visa holders, so we have yet to identify whether there are particular groups at risk of refusal. However, we understand that the Department has flagged certain potential applications for re-assessment. Consequentially, there are a number of circumstances that we consider to be of concern:
- If your initial application for a TPV/SHEV was decided at the AAT or the IAA, this may indicate that your claim was not strong and your subsequent application may be flagged for re-assessment.
- If you have separated from your partner and your visa grant was based on their circumstances, this may mean you need to raise your own, individual claims.
- If you have moved out of home and are no longer dependant on your parents, and your protection visa grant was based on their circumstances, this may mean you need to raise your own, individual claims.
- If you have travelled overseas and you did not receive permission from the Department, this may cause issues with your application.
- If you have had any criminal charges or convictions, this may cause issues with your application.
- If you have had any other issues, such as an association with a criminal organisation or suspicious travel activity, this may cause issues with your application.
If you or someone you know are have has meet the above criteria, then you should seek migration advice. How do I apply for a Subsequent TPV or SHEV?
You can apply using the Form 1505 – Application for a subsequent Temporary Protection visa or Safe Haven Enterprise visa
- Alternatively, you can make an online application through ImmiAccount
- Currently the Department has not been sending out Acknowledgements of Application Received, so you should not assume that you will receive one.
- You can apply for either a TPV or SHEV regardless of which visa you previously held.
What is Assessed in an Application for a Subsequent TPV or SHEV?
- When the Department assesses your visa Application they will look to the following criteria: the claims for protection from the applicant’s home country; and/or the Applicant’s personal circumstances (as mentioned above)
- The Department has indicated that its assessment will be ‘strongly informed’ by country information, and whether there have been substantial changes in the relevant country.
- We also anticipate that character matters will be of significant concern in the Department’s re-assessment.
- Where there have been substantive changes, the Department may consider a fresh interview.
- People may be interviewed, particularly where the Department considers that there have been changes in the personal or country circumstances that affects the applicants’ claims.
If you are concerned about your status in the Australian community, or if you need to apply for a Subsequent TPV or SHEV, then contact Summit Migration today.<