1. These visas can only be granted to you after you have had your protection claims assessed by the Australian government and you meet all the criteria for the visa.
2. Both visas allow you to work, study, get Medicare, access Centrelink benefits, counselling for torture and trauma, and job seeker assistance.
3. Both visas have the same conditions about family reunion, overseas travel and citizenship:
a. You are not allowed to sponsor your family members for migration to Australia;
b. You are not allowed to travel overseas, except if the Department grants you permission (you might be able to get permission to visit close relatives who you haven’t seen for a long time, but you can never travel to the country you sought protection from);
c. You are not allowed to become an Australian citizen or get an Australian passport.
4. Both visas require you to tell the Department within 28 days if you change your address
There are several differences between the TPV and the SHEV: how long the visa lasts for, whether you can get Centrelink, and whether you can apply for any further visas after the expiry of the visa.
|Duration of visa||3 years||5 years|
|Can you obtain Centrelink?||Yes||Yes, but if you want to meet the ‘pathway requirements’ listed below, you cannot access some payments.|
|What happens when your visa expires?||You can apply for another TPV or a SHEV. If Australia still owes you protection obligations, you may be granted another TPV for 3 years or a SHEV for 5 years.
You cannot apply for a permanent visa or any other visa.
|If you have met the ‘pathway requirements’ listed below, you may be able to apply for other visas (both temporary and permanent visas).
If you haven’t met the ‘pathway requirements’, you can only apply for a SHEV or a TPV. If Australia still owes you protection obligations, you may be granted another TPV for 3 years or a SHEV for 5 years.
When you apply for a SHEV, you need to make a declaration that you have an intention (that is a willingness or commitment) to work and/or study in regional Australia while accessing minimal social security benefits.
If you are granted a SHEV and you want to meet the pathway requirements, you need to show that you have done either one of the following for at least 42 months (3 ½ years) of the five years whilst you hold your SHEV:
You should also know:
If you meet the pathway requirements, you will be allowed to apply for another visa including work visas, study visas and family visas. You still need to meet the criteria for one of these visas and there is no guarantee you will be granted another visa.
More information about the type of visas which are available can be found here: http://www.border.gov.au/Trav/Refu/protection-application-information-and-guides-paig/visa-options-for-illegal-arrivals-seeking-protection
You should get advice from a migration lawyer before you apply for any other visa as the rules can be complicated.
This choice will depend on your individual situation, but you can think about the following things:
View a PDF version of this Infosheet: ASRC Infosheet – Choosing a TPV or a SHEV
Last Updated 3 November 2016