Humanitarian Stay (Temporary) Visa (Subclass 449) Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

Request Free
15-Min Consultation

First Name *

Last Name *

Email *

Phone Number *

Message *

Our Services for Your Humanitarian Stay (Temporary) Visa (Subclass 449)

Understanding Your Ministerial Offer

We provide expert legal advice if you receive a Ministerial invitation for the temporary humanitarian stay pathway (Subclass 449 & 786 visas).

Assessing Eligibility & Implications

Our lawyers help you understand the eligibility criteria (health, character, security) and the implications of accepting the offer on any current or future Protection Visa applications.

Guidance on Accepting & Visa Process

We guide you through formally accepting the Minister’s offer and navigating the subsequent visa criteria assessment for the Subclass 449 and 786 visas.

Request Your Free 15-Minute Consultation

We encourage a free 15-minute call to discuss your situation & map out a path to securing your Subclass 449 Humanitarian Stay (Temporary) Visa.

What Our Happy Clients Say

Hear directly from our successful learners.

Request Your Free
15-Min Consultation

What is the Temporary Humanitarian Stay Visa Pathway (Subclass 449 & Subclass 786)

The Australian Government offers a temporary humanitarian stay pathway to eligible individuals in Australia on temporary visas who are impacted by significant overseas events or crises, preventing their safe return home.

It’s a two-step process: first, a Humanitarian Stay (Temporary) (subclass 449) visa, then a Temporary Humanitarian Concern (subclass 786) visa (valid for three years). Understanding the implications of this offer, especially regarding other visa options, is crucial.

Who is Eligible for Subclass 449 Visa?

To be considered for this temporary humanitarian stay pathway, you must generally be affected by an overseas crisis, such as the Palestinine-Israel conflict. Further, you must currently be in Australia on a temporary visa, and unable to return to your usual place of residence due to the conflict.

Offers are made on a case-by-case basis. Even if you meet these initial points, you must still satisfy all visa criteria for the Subclass 449 and 786 visas, including health, character, and security checks.

Why Choose Moya Migration Law for Guidance on This Pathway?

Navigating the Temporary Humanitarian Stay pathway requires careful consideration of its implications. Moya Migration Law offers expert legal advice to help you understand the Minister’s offer, its impact on other visa options, and the subsequent visa processes.

Expertise in Humanitarian & Protection Matters

Our lawyers have deep experience with humanitarian visa pathways and understand the critical interplay with Protection Visa applications.

Client-Focused & Clear Advice

We provide personalised consultations to explain the Minister’s offer, visa criteria (health, character, security), and all your options in plain English.

Strategic Guidance on Accepting the Offer

We offer tailored advice on the strategic implications of accepting this pathway, especially concerning any existing or future Protection Visa claims.

In-Depth Migration Law Knowledge

Our thorough understanding of the Migration Act & Regulations ensures you receive accurate advice on this specific, Minister-initiated visa pathway.

Request Your Free
15-Min Consultation

Our 5-Step Process for Your Temporary Humanitarian Stay Pathway

If you’ve been identified for a Temporary Humanitarian Stay pathway, understanding the offer and its implications is crucial. Moya Migration Law provides a clear, supportive process to guide you from assessing the Minister’s invitation through to the visa grants.

1

Offer Review & Implications Assessment

We meticulously review the Minister’s temporary humanitarian stay offer with you, explaining its terms and significant impact on any other visa applications (especially Protection Visas).

2

Strategic Decision & Acceptance Guidance

Our lawyers provide advice to help you make an informed decision about accepting the offer, considering all personal circumstances and future visa goals. We then guide you through the formal acceptance process.

3

Subclass 449 Visa Criteria Collation

We assist in ensuring all criteria (health, character, security) for the initial Humanitarian Stay (Temporary) (subclass 449) visa are addressed and information is correctly provided.

4

Subclass 786 Visa Assessment & Health Checks

Following the Subclass 449 grant, we guide you through the requirements for the subsequent Temporary Humanitarian Concern (subclass 786) visa, including mandatory health checks.

5

Final Visa Grant & Settlement Support Liaison

We monitor the final visa grants and can help liaise with settlement support services (like HSP) to ensure you access available assistance.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Humanitarian Visa Pathway Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides clients offered a Temporary Humanitarian Stay pathway. With over two decades in Australian migration law since 2002, Daniel offers expert advice for these unique, Minister-initiated visa processes.

Daniel is committed to helping you understand the full implications of such an offer, especially regarding any Protection Visa applications. He provides clear, strategic guidance through each stage of this special pathway. Daniel also offers legal assistance in Spanish.

Request Your Free
15-Min Consultation

Important: Effects on Protection Visa (Subclass 866)

Accepting an offer for the temporary humanitarian stay pathway has significant implications if you have applied, or intend to apply, for a Protection visa (subclass 866). Under migration law, individuals offered this pathway cannot meet the criteria for a Protection visa.

This applies even if a Protection visa application was lodged before receiving the humanitarian stay offer. Seeking legal advice before expressing interest or accepting this offer is strongly recommended by the Department to understand these consequences.

Support Available on This Visa Pathway

The temporary humanitarian stay pathway provides access to various social and settlement supports. This includes Special Benefit payments, work and study rights, and support through programs like HSP, SETS, and AMEP.

Medicare access is generally available once granted the subclass 786 visa. HSP services, offering help with accommodation, Centrelink/Medicare registration, and school enrolment, can commence once an offer is accepted. Health checks will be required.

Request Your Free
15-Min Consultation

Frequently Asked Questions About the Temporary Humanitarian Stay Pathway (Subclass 449 & Subclass 786)

What is a Temporary Humanitarian Stay pathway?

It’s a special visa pathway offered by the Australian Government, by Ministerial invitation only, to eligible individuals in Australia on temporary visas who are affected by significant overseas crises and cannot safely return home.

How does this visa pathway work?

It’s typically a two-step process, starting with a Humanitarian Stay (Temporary) (subclass 449) visa, followed by a Temporary Humanitarian Concern (subclass 786) visa, usually granted for three years.Not all decisions made by the DHA are reviewable by the ART; your decision letter will state if you can appeal the decision to the ART and if you are eligible for a review. For example, certain decisions made personally by the Minister for Immigration may not be reviewed by the ART. It is important to check your letter from the department carefully to understand your review rights.

Can I apply for this temporary humanitarian stay?

No, this pathway is by invitation from the Minister only. You cannot directly apply for these visas without first receiving an offer from the Department of Home Affairs.There are strict time limits for lodging an ART appeal for your visa, which will be clearly specified in your decision letter from the DHA. Generally, for many visa-related decisions, this period is 21 days, but this can vary, so it is crucial to act promptly as the ART cannot extend these time limits for an application for review. Missing these deadlines means you may lose your chance to have the visa refusal decision reviewed by the tribunal.

Who might be eligible for an offer under this pathway?

Eligibility is assessed case-by-case for individuals from significantly affected areas who are in Australia on a temporary visa and unable to return to their usual place of residence due to an ongoing crisis.After lodging an ART appeal, if you are in Australia and hold a bridging visa, it will generally be extended, allowing you to remain lawfully in Australia while the ART processes your migration review. The ART will then review your case, may request further information or supporting documents, and will eventually schedule an ART hearing or, if possible, make a decision ‘on the papers’. This ART appeal process is a key step in challenging a visa decision.

What are the main visa criteria I must meet if offered?

If you accept an offer, you must still meet all standard visa criteria for both the Subclass 449 and 786 visas, including health, character, and security requirements.

How does accepting this pathway affect a Protection Visa application?

Accepting this temporary humanitarian stay offer means you generally cannot meet the criteria for a Protection Visa (subclass 866), even if you have already applied for one. It’s crucial to seek legal advice on this.While you can represent yourself, the ART appeal process is complex, and immigration law has many technicalities that can be challenging to navigate alone. Engaging an experienced immigration lawyer or ART appeal lawyers can help you understand these complexities, ensure your submissions for the migration review are based on sound legal arguments, prepare you thoroughly for the ART hearing, and significantly increase your prospects of a successful outcome for your visa decision. Seeking legal advice is often beneficial when you appeal to the ART.

What support is available if I am granted visas on this pathway?

You may be eligible for work and study rights, Special Benefit payments, and support through programs like the Humanitarian Settlement Program (HSP), SETS, and AMEP. Medicare access is usually available with the Subclass 786 visa.

Are health checks required for this pathway?

Yes, if you accept an offer, you will need to undertake mandatory health checks as part of the Subclass 786 visa assessment process.The processing time for an ART appeal concerning a visa decision can vary significantly depending on factors such as the type of visa, the intricacy of the case, and the ART’s current workload. The ART publishes average processing times on its website, which can range from several months to over a year or even longer for certain visa categories, including refugee cases. It is advisable to check the ART’s website for the most current information on the ART appeal process timelines.

Can I travel overseas on a visa granted under this pathway?

Travel on a Subclass 786 visa is generally not permitted if you wish to re-enter Australia on that visa, as it may cease when you depart. You should seek specific advice from the Department or a legal practitioner before any travel.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.