Who can apply for the Safe Haven Enterprise visa (Subclass 790) in Australia in 2026?
You can apply for the Safe Haven Enterprise visa (Subclass 790) if two things are true at the same time: you are unable to make a valid application for the permanent Protection visa (subclass 866), and your own history fits one of the situations the Australian Department of Home Affairs lists on its Safe Haven Enterprise visa (Subclass 790) official page, as of the August 2026 version of that page. Arriving in Australia without a visa is one of those situations rather than a disqualifier — the visa is built for people whose entry was irregular, which is why the permanent subclass 866 route is closed to them.
This is general information only and not an assessment of your own case: which pathway you fit depends on your arrival record and your documents, and the official page as currently published is the authority.
How does the Department decide whether you can lodge at all?
The eligibility test runs on two tracks that must both be satisfied. The first is the gate: you must be unable to make a valid subclass 866 application. The second is substance — you must be a refugee, or meet the complementary protection criteria, as defined by the Migration Act 1958. Australia's protection obligations are what stop the Department from returning someone to their home country where there is a risk of harm.
Alongside those, the official page lists requirements that have nothing to do with how you arrived: identity (documents, and possibly biometrics such as fingerprints and a facial photograph if you have not given them before), security, health examinations, character, and — if you are 18 or over — having read or had explained to you the Life in Australia booklet and signing or accepting the Australian Values Statement. You must also be in Australia when you apply, and you sign a declaration on the form that you intend to work or study in regional Australia.
Which arrival situations can lead to a Subclass 790 application?
The official page sets out one gate plus a list of arrival and visa-holding situations. Grouped by how people actually got here, there are five:
| How you got here | What the requirement says | What to check |
|---|---|---|
| Unauthorised maritime arrival | You arrived by boat without authorisation | The same status also appears in the application-bar list; the Minister can lift a bar in the public interest |
| Not immigration cleared | At your last entry to Australia you were not immigration cleared at the border | Being physically inside Australia is not the same as having been immigration cleared |
| No valid visa on entry | You entered Australia without a valid visa | This is the classic "arrived without a visa" case |
| Temporary protection or humanitarian visa | You hold or have held a Temporary Protection visa (subclass 785), Temporary Safe Haven visa (subclass 449) or Temporary (Humanitarian Concern) visa (subclass 786) | Subclass 449 also appears in the bar list, named there as Humanitarian Stay (Temporary) |
| Previous or current SHEV | You hold or have held a Safe Haven Enterprise visa (subclass 790) | Relevant to subsequent SHEV applications before your current visa expires |
The unauthorised maritime arrival overlap
Being an unauthorised maritime arrival appears in two places on the same page: it is an eligibility pathway, and it is also listed as a reason you may be barred from making a valid application. The page explains the reconciliation — the Minister has the power to lift an application bar where it is in the public interest, and may already have lifted the relevant bar in your case. The Department says it will tell you if a bar affects your SHEV application.
The subclass 449 overlap
Subclass 449 appears both as a visa that can qualify you (listed as Temporary Safe Haven visa) and as a bar (listed as Humanitarian Stay (Temporary) visa held since last entering Australia). The practical reading is that the page is describing two different things a person might hold under that number, and the Department will identify which applies. If your history includes a 449, that detail is worth checking carefully against your own visa records.
Suppose an applicant arrived without a visa
For a hypothetical applicant who entered Australia without a valid visa and was never immigration cleared, the third situation is the one that fits, and the "unable to make a valid 866 application" gate is what makes the 790 the available protection pathway instead. That applicant still has to meet the refugee or complementary protection criteria and the identity, health, character and security requirements — arriving without a visa does not remove any of them.
What else has to be true besides how you arrived?
Beyond the gate and the protection criteria, the official page sets these continuing requirements:
- Identity: you may be asked for evidence of your identity, nationality or citizenship, and for biometrics if you have not provided them before. Identity information is used when assessing your protection claims and completing character and security checks.
- Health: you must undergo health examinations, conducted by Bupa Medical Visa Services. You receive a health identifier (HAP ID) and information on arranging the examinations after you lodge.
- Character and security: both are assessed as part of the application process.
- Australian values: applicants aged 18 or over must have read, or had explained to them, the Life in Australia booklet and confirm they will respect the Australian way of life and obey Australian laws.
- Location: you, and any family members included, must be in Australia when you apply.
When can a bar stop you from lodging?
The official page lists six circumstances in which you may not be able to make a valid SHEV application: being an unauthorised maritime arrival; having been immigration cleared when you arrived; having been refused a protection visa since your last arrival; having had a protection visa cancelled since your last arrival; holding or having held a Humanitarian Stay (Temporary) (subclass 449) visa since last entering Australia; or being a transitory person.
Two of these sit in tension with the eligibility list above, which is why the Minister's public-interest power to lift bars matters. The Department states it will tell you if a bar affects your application.
What does the visa give you, and for how long?
Subclass 790 is a temporary visa that lets you stay in Australia for five years. You can live, work and study here for that period, access government services such as Workforce Australia, Medicare and Centrelink, access short-term counselling for torture and trauma when required, attend free English language classes under the Adult Migrant English Program if eligible, and travel to countries other than your home country with written approval for compassionate or compelling circumstances.
Travel is tightly restricted. Once granted, visa condition 8570 (Restricted travel) applies: you cannot travel to your home country under any circumstances, and you can only enter another country for compassionate or compelling reasons with written approval obtained before you leave. Travelling overseas without that approval breaches the condition and the visa — including the visas of family unit members — may be cancelled while you are offshore. Leaving Australia before your application is decided also ends your bridging visa and you will not be allowed to re-enter.
If your SHEV is granted on or after 14 February 2023 and you still need protection, you must apply for a subsequent SHEV or a Temporary Protection visa before it expires, provided you are not subject to an application bar. SHEV and TPV holders and former holders who arrived before 14 February 2023 may be eligible for the permanent Resolution of Status (RoS) visa (subclass 851).
Can your family be included?
Members of the same family unit may apply together on one application if they are in Australia at the time of application and are themselves eligible. The family unit covers a spouse or de facto partner, dependent children and step-children of the family head or the family head's partner, and other dependent relatives. A dependent child is generally under 18, but can be 18 or older if incapacitated for work through loss of bodily or mental functions, or wholly or substantially reliant on a parent or step-parent for financial, psychological or physical support. A child of any age who is married, engaged or in a de facto relationship is not a dependent child and must apply for their own visa.
Other dependent relatives — parents, siblings, grandparents, grandchildren, aunts, uncles, cousins, nieces, nephews or step-equivalents — qualify if they have no spouse or de facto partner, usually live with the family head, and are wholly or substantially reliant on them for financial, psychological or physical support. Every included family member must meet the health, character and security requirements.
If a child is born after you apply but before the decision, the child is taken to be included in the application; you must notify the Department as soon as possible using Form 1022 Notification of change of circumstances and provide a clear colour copy of the original birth certificate. A child born in Australia is automatically granted the same visas their parents hold at the time of birth, and may be an Australian citizen by birth if either parent is an Australian citizen or permanent resident at that time.
What happens after you lodge?
The Department says it aims to finalise SHEV applications as quickly as possible but describes the process as very complex and time-consuming. Applications take longer where the form is filled in incorrectly, documents are missing, further information is needed, requests are answered slowly, or verification takes time. No published timeframe is given on the page, so treat any duration you see elsewhere as unconfirmed.
If your application is refused, you can apply for merits review by the Administrative Review Tribunal (ART); the refusal letter provides information about review rights and the timeframes for applying. If you hold a bridging visa and withdraw your application before a decision, your bridging visa expires 35 days after you withdraw, and you may be prevented from applying for a SHEV or a Temporary Protection visa again. Withdrawal must be in writing before the decision, giving your full name, date of birth and application details, and any additional applicant aged 18 or over must sign the letter or send their own withdrawal.
The official page also advises that if someone is helping you with your visa, you should read the Department's "Who can help with your visa application" information before you pay anyone.
Frequently Asked Questions
Can I apply for the Subclass 790 if I arrived in Australia without a visa?
Yes — entering Australia without a valid visa is one of the situations the Department lists for this visa. You must also be unable to make a valid subclass 866 Protection visa application, and you must meet the refugee or complementary protection criteria plus identity, health, character and security requirements.
Why can't I just apply for the permanent Protection visa (subclass 866) instead?
If you entered Australia without a valid visa or were not immigration cleared on arrival, the official page states you may only be eligible for a Temporary Protection visa or a Safe Haven Enterprise visa, and that you cannot apply for the permanent subclass 866. Being unable to make a valid 866 application is itself the first requirement of a 790 application.
What counts as an unauthorised maritime arrival?
The Department uses the term for people who arrived by boat without authorisation, and lists it as an eligibility pathway for the 790. The same status is also listed as a potential application bar, which the Minister can lift if it is in the public interest; the Department will tell you whether a bar affects your application.
What is the difference between entering without a visa and not being immigration cleared?
Entering without a valid visa and not being immigration cleared at Australia's border are two separate listed situations, and either one can qualify you. Being physically in Australia is not the same thing as having been immigration cleared, and immigration clearance at arrival is separately listed as an application bar.
How long can I stay on a Safe Haven Enterprise visa?
It is a temporary visa that allows a stay of five years, with rights to live, work and study in Australia and access services such as Medicare and Centrelink. If granted on or after 14 February 2023, you generally need to apply for a subsequent SHEV or a TPV before it expires if you still need protection.
Can I travel overseas on this visa?
Only with written approval, and never to your home country — visa condition 8570 (Restricted travel) applies to the grant. Travelling overseas without approval breaches the condition and your visa, and those of your family unit, may be cancelled while you are offshore.
Can my family be included in my application?
Members of the same family unit may apply together if they are in Australia at the time of application and are themselves eligible, covering a partner, dependent children and step-children, and other dependent relatives. Each included member must meet the health, character and security requirements.