List of SHEV eligible regional areas released (Victoria)
In significant news for people seeking asylum in our community most states and territories have signed up to Safe Haven Enterprise Visa (SHEV) scheme and confirmed which postcodes are specified as regional areas.
SHEV holders who work or study in a specified regional area for 3 ½ years may be eligible to have the bar lifted on a further application for another visa (see below under the heading ‘SHEV pathway requirements’)
In Victoria the following postcodes are eligible for SHEV holders:
3211 to 3227;3233 to 3234;
3236 to 3239;
3241 to 3243;
3249 to 3251;
3264 to 3287;
3303 to 3304;
3317 to 3319;
3321 to 3325;
3350 to 3352;
3355 to 3357;
3373 to 3374;
3380 to 3381;
3384 to 3385;
3387 to 3388;
3390 to 3393;
3395 to 3396;
3400 to 3402;
3412 to 3414;
3418 to 3419;3423 to 3424;
3467 to 3468;
3477 to 3478;
3487 to 3491;
3500 to 3501;
3516 to 3518;
3549 to 3551;
3555 to 3556;
3567 to 3568;
3570 to 3571;
3575 to 3576;3579 to 3581;
3583 to 3586;
3588 to 3591;
3594 to 3597
3629 to 3631;
3633 to 3634;
3670 to 3673;
3687 to 3691;
3694 to 3695;
3711 to 3715;
3717 to 3719;
3778 to 3779;
3820 to 3825;
3831 to 3833;
3850 to 3852;
3856 to 3860;
3864 to 3865;
3869 to 3871;
3873 to 3875;
3885 to 3893;
3895 to 3896;
3898 to 3900;
3902 to 3904;
3922 to 3923;
3950 to 3951;
3966 to 3967;
3987 to 3992; and
3995 to 3996.
The fact sheet below prepared by the ASRC Human Rights Law Program provides information the difference between a Temporary Protection Visa (TPV) and a SHEV, and how to meet the SHEV ‘pathway requirements’.
CHOOSING A TPV OR A SHEV?
Similarities between TPV and SHEV
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.
Both visas allow you to work, study, get Medicare, access Centrelink benefits, counselling for torture and trauma, and job seeker assistance.
Both visas have the same conditions about family reunion, overseas travel and citizenship:
You are not allowed to sponsor your family members for migration to Australia;
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);
You are not allowed to become an Australian citizen or get an Australian passport.
Both visas require you to tell the Department within 28 days if you change your address.
Differences between TPV and SHEV
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
Can you obtain Centrelink?
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
What are the SHEV pathway requirements?
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 5 years whilst you hold your SHEV:
Employed in ‘regional Australia’ AND not received certain social security benefits(including Special Benefit). Please note that work means employed for payment with a written employment contract.
Enrolled in full time study in ‘regional Australia.’ Please note that full time study means must study at a primary school, secondary school, or an educational institution that is authorised to issue AQF qualifications, in a course leading to the award of an AGF qualification of Level 1 or higher. You cannot complete the course wholly by distance or online.
You should also know:
If you have a SHEV with other family members on the same visa, only one family member of your family needs to meet the pathway requirements
You are not required to live in a regional area, just work or study in the regional area.
Regional area means a place specified by the Australian Government. At the moment, some places in NSW and the whole of Tasmania is a specified regional area, and areas in other states and territories may be designated in the future. You can check for updates here: http://www.ima.border.gov.au/After-your-application-is-decided/Regional-Australia
You can also meet the pathway requirements by doing a combination of work and study (1 and 2 above).
What happens if you meet the pathway requirements?
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.
You should get advice from a migration lawyer before you apply for any other visa as the rules can be complicated.
Should you choose a TPV or SHEV?
This choice will depend on your individual situation, but you can think about the following things:
Whether you think you can meet the SHEV pathway requirements (including whether you can find work or afford the fees to study)
Whether you think you can meet the criteria for another visa
Whether you are willing and able to live, work and study in a regional area (including whether you need any special support services which might not be available outside of the city).
The above information is general information only and not legal or migration advice. We recommend you obtain legal advice from a registered migration agent about the matters in this information sheet if they relate to you.