The ongoing conflict in Iran created significant uncertainty for Iranian nationals in Australia and overseas, including individuals who may be unable to safely return to Iran or who have family members requiring urgent assistance.
The Department of Home Affairs has published specific guidance for Iranian nationals in Australia who are affected by the conflict in Iran and need to extend their stay, but cannot meet the criteria for another Australian visa.
Affected people may be considered for an offer of temporary humanitarian stay, which may be given effect through the grant of a Humanitarian Stay (Temporary) visa, subclass 449.
This is a significant announcement, but it is important to understand what has – and has not – been made available.
The subclass 449 process for Iranian nationals is not an ordinary visa application pathway. It is invitation-only, and registering interest does not guarantee that an offer will be made.
What Has the Australian Government Announced?
The Department of Home Affairs has indicated that some Iranian nationals and their immediate family members in Australia may be considered for temporary humanitarian stay if they are unable to leave Australia or obtain another visa because of the conflict in Iran.
If an offer is made and accepted, the person may be granted a subclass 449 Humanitarian Stay (Temporary) visa, provided all legal requirements are met, including:
- health requirements;
- character requirements;
- security requirements; and
- any other criteria applicable to the visa grant.
What is the Subclass 449 Humanitarian Stay Visa?
The Subclass 449 is a short term visa used by the Australian Government in emergency or humanitarian situations. The visa is generally intended to provide a lawful basis for temporary stay while the immediate crisis is addressed or while further arrangements are made.
An key point is that the Subclass 449 visa is not a visa that can be applied for directly.
The visa is temporary. Its duration is determined by the Minister.
While there is no visa application charge for the subclass 449 visa, although affected persons may still need to pay for medical examinations or related checks.
Who is Generally Considered?
For Iranians who are currently affected by the ongoing conflict in the Middle East, an offer of this kind will generally only be considered where all of the following apply:
- The person is in Australia; and
- The person is an Iranian national, or an immediate family member of an Iranian national; and
- The person cannot return to their usual place of residence and has no right to reside in another country; and
- The person’s current visa has ceased, or will cease within the next three months (Note: Current visa status and visa expiry date can be checked visa VEVO or visa grant letter); and
- The person does not have a visa application in progress, including holding a bridging visa associated with an application for merits review; and
- The person has no other visa options reasonably available to them, having regard to the Department’s visa finder service.
Where one or more of these circumstances do not apply, an offer will only be considered in exceptional circumstances, and only where there are no other options available to the person to remain lawfully in Australia or to depart as intended.
Registering Interest Is Not a Visa Application
Registering interest in the visa does not constitute a visa application, and does not guarantee that an offer will be made.
The Department of Home Affairs has made clear that registering interest:
- is not a visa application;
- does not create a bridging visa;
- does not extend a person’s current visa;
- does not give a right to remain in Australia beyond the expiry of an existing visa;
- does not guarantee that Home Affairs will make an offer; and
- does not guarantee that a subclass 449 visa will be granted.
Affected persons can register interest in being considered for temporary humanitarian stay by completing the Home Affairs “Requesting consideration of temporary humanitarian stay in Australia” form.
When registering, interested applicants are asked to provide a Form 80 – Personal particulars for assessment including character assessment as part of the form.
Visa conditions: Subclass 449
Condition 8506 is a mandatory condition imposed on the Subclass 449. This condition requires the holder to notify the Department at least two working days in advance of any change to their address. This condition applies to all subclass 449 visa once granted.
The following conditions may be imposed:
- Condition 8101 prohibits the holder from engaging in work in Australia.
- Condition 8104 restricts the holder to no more than 48 hours of work per fortnight, where work is otherwise permitted. This condition also contains specific rules for holders who are members of the family unit of a student visa applicant, generally preventing work until the primary applicant has commenced their course of study, subject to certain exceptions relating to master’s prior visa holding and permission to work, and to postgraduate study at the masters or doctoral level.
- Condition 8303 prohibits the holder from becoming involved in activities that are disruptive to, or that threaten violence or harm towards, the Australian community or a group within it.
These conditions should be read carefully at the time of grant, as a breach may affect the holder’s ongoing visa status and future visa prospects.
How accepting a Subclass 449 visa offer can affect future visa options
Accepting an offer of temporary humanitarian stay may affect a person’s visa options going forward. Therefore, before registering interest in temporary humanitarian stay, Iranian nationals should carefully consider the potential impact on their future visa options in Australia and consult a registered migration agent or Immigration lawyer.
Under the Migration Regulations 1994, individuals who are offered a temporary humanitarian visa pathway may be prevented from being granted a Protection visa, regardless of whether they have already lodged a protection visa application. This means that the effect of an offer may be significant even before a subclass 449 visa is granted.
There is also a broader statutory restriction under section 91K of the Migration Act 1958. Persons who hold, or have held, a Temporary Safe Haven visa, including the Humanitarian Stay (Temporary) visa (subclass 449), and have not departed Australia since holding that visa, are prevented from making a valid application for another visa while in Australia.
In practical terms, a person who is granted a subclass 449 visa may not be able to later lodge another onshore visa application from within Australia unless a limited ministerial discretion applies. That discretion is not automatic and cannot be relied upon as an ordinary visa pathway.
This is why the timing of any decision is critical. Registering interest, accepting an offer, withdrawing a current visa application, or proceeding with a subclass 449 visa without first considering other options may have potentially irreversible consequences.
The availability of any later visa pathway will also depend on Government policy and the person’s circumstances. At present, the Australian Government has not announced a follow-on visa pathway for Iranian nationals.
Checking Visa Expiry Dates
Iranian nationals in Australia should check their current visa status carefully, including:
- visa expiry date;
- visa conditions;
- work and study rights;
- any “no further stay” condition; and
- whether another visa application can be made before the current visa expires.
Visa information can be checked through VEVO. If a visa is expiring, Home Affairs states that the person must take steps to remain lawful in Australia. Where a person has a “no further stay” condition, such as condition 8503, 8534, 8535 or 8540, it will be necessary to request a waiver before lodging another visa application.
Consent requirements for children travelling with one parent
Where a minor requires permission from both parents to travel to or remain in Australia and that consent cannot be provided, an application can still be made with the available supporting documentation, and the Department will contact you to discuss the application further.
This issue commonly overlaps with Public Interest Criterion 4017 (PIC 4017), which governs consent requirements for visa applicants under the age of 18 more broadly. Our previous newsletter explores this PIC in further depth.
Interpreting and Translation Support
Free interpreting and translating services are available to affected people and their families in Australia.
TIS National provides interpreting services for people who do not speak English.
TIS National: 131 450
For affected people arriving in Australia, document translation may also be available through the Free Translating Service.
Migration Translators: 1800 962 100
Key takeaways
The Subclass 449 visa is not a general application pathway. It is an invitation-only offer, available only to Iranian nationals and their immediate family who are already in Australia, who have no other visa options, and who meet health, character and security requirements.
For Iranian nationals who may have other visa options, including employer sponsorship, student, family, partner, skilled or protection pathways, it is important to assess those options before expressing interest in temporary humanitarian stay. A subclass 449 visa may provide temporary lawful stay, but it may also close off other onshore visa pathways.
Given the complexity of the bars and criteria involved, please contact our migration experts at Migration Affairs for further assistance to avoid unwanted outcomes.
Migration Affairs can assist with assessing:
- whether another visa option is available;
- whether a current visa application or review should be maintained;
- whether a protection claim may be affected;
- the consequences of a subclass 449 offer or grant;
- whether section 91K may apply; and
- the safest sequence of steps to preserve lawful status and future options.
Affected persons should obtain tailored advice before registering interest in the temporary humanitarian stay process.
📧 info@migrationaffairs.com.au
🌐 migrationaffairs.com.au/contact
📞 +61 2 8226 8777
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.