migrationagent.org

Choosing between a subsequent SHEV and a subsequent TPV in 2026

How SHEV holders who arrived on or after 14 February 2023 choose between a subsequent SHEV and a subsequent TPV before their visa expires.

2026-10-04

If you hold a Safe Haven Enterprise visa (SHEV, subclass 790) and arrived in Australia on or after 14 February 2023, you must apply for a subsequent SHEV or a subsequent Temporary Protection visa (TPV, subclass 785) before your current SHEV expires, if you still need Australia’s protection. That is the either/or decision the rules create, and it is set out on the Australian Department of Home Affairs Safe Haven Enterprise visa (Subclass 790) official page, as of August 2026. Letting the visa simply run out is not a lawful option: the subsequent application is what preserves your status while the Department assesses your protection claims. This article is general information only and does not constitute personalised professional advice, so your own circumstances should be confirmed against the official latest information or advice from a qualified professional.

Who has to make this choice, and how does your arrival date change it?

A SHEV is a temporary visa: it ceases five years after the date of grant. The obligation to move to a subsequent visa is tied to when you arrived and, in the Department’s other formulation, when the visa was granted.

  • If you are a SHEV holder and arrived in Australia on or after 14 February 2023, you must apply for a subsequent TPV or SHEV before your current SHEV expires in order to stay in Australia and remain lawful, if you still need Australia’s protection.
  • The same page states that if the SHEV was granted on or after 14 February 2023, you must apply for a subsequent SHEV or TPV before it expires, if you still need protection and are not subject to any application bars.
  • If you hold or formerly held a TPV or SHEV and arrived in Australia before 14 February 2023, you may instead be eligible for a permanent Resolution of Status (subclass 851) visa rather than a subsequent TPV or SHEV.
Your situation What the official page says you may need to do
SHEV holder who arrived on or after 14 February 2023 Apply for a subsequent SHEV or subsequent TPV before the SHEV ceases, if you still need protection
SHEV granted on or after 14 February 2023 Apply for a subsequent SHEV or TPV before expiry, if you still need protection and no application bar applies
Holder or former holder of TPV or SHEV who arrived before 14 February 2023 May be eligible for a permanent Resolution of Status (subclass 851) visa instead of a subsequent TPV or SHEV

For a person who entered Australia without a valid visa, or was not immigration cleared on arrival, the permanent Protection visa (subclass 866) is not available; such a person may only be eligible for a TPV or a SHEV. A SHEV applicant must also be unable to make a valid application for a permanent Protection visa (subclass 866).

What happens if you apply while your SHEV is still in effect?

Timing does more than meet a deadline — it also keeps your current visa alive. If you make a valid application for a subsequent SHEV, TPV, or Resolution of Status visa while you still hold your SHEV, your SHEV remains in effect until the Department makes a decision on that application.

While the decision is pending:

  • your work and study rights continue;
  • your eligibility for Medicare and Centrelink continues, but you will need to renew your Medicare card.

You must, however, apply after the Department notifies you and before your visa expires. If you miss that window, you become unlawful and are barred from applying for a subsequent visa.

How do application bars and the bar lift notice shape the choice?

You may not be able to make a valid SHEV application if you are an unauthorised maritime arrival, were immigration cleared when you arrived, have been refused a protection visa since your last arrival, have had a protection visa cancelled since your last arrival, hold or have held a Humanitarian Stay (Temporary) (subclass 449) visa since last entering Australia, or are a transitory person. The Minister has the power to lift an application bar if it is in the public interest, and may already have lifted the relevant bar in your case; the Department will tell you if a bar affects your application.

Because the bar lift notice is what starts the practical window to apply, your contact details must be current. You must tell the Department within 28 days if you change your address, and keep your contact details up to date so you receive the bar lift letter and any mobile or email reminders. After the bar lift notification, the Department recommends you apply for a subsequent visa at least three months before your current SHEV ceases. You can check the expiry date using VEVO.

What are the consequences of not applying before your SHEV ceases?

If your SHEV has already expired and you have not applied for a subsequent SHEV or TPV, you are unlawful and must make arrangements to depart Australia, and you may be barred from re-applying for a SHEV or TPV. The same exposure applies if you are overseas when the SHEV expires: you will not be able to return to Australia or apply for another SHEV or TPV on that basis.

Withdrawing an application carries its own risk. If you hold a bridging visa and withdraw your SHEV application before a decision is made, you may be prevented from applying for a SHEV or a TPV, and your bridging visa will expire 35 days after the withdrawal.

Is there a permanent alternative to a subsequent SHEV or TPV?

For the cohort that arrived before 14 February 2023, the permanent Resolution of Status (subclass 851) visa is the alternative the official page identifies. For a SHEV holder who arrived on or after 14 February 2023, the rules set out on the official page require a subsequent SHEV or TPV instead; the Resolution of Status pathway is not extended to that group on the page.

The temporary character of a SHEV also shows up in longer-term limits: while you hold a SHEV, you are not eligible to apply for Australian citizenship, and you cannot sponsor family members for a visa through the Australian Humanitarian or Family Migration Programs.

What should you check before lodging the subsequent application?

The subsequent application is still a protection application, so the core requirements apply. You must be in Australia when you apply, and any members of your family unit included in the application must also be in Australia and eligible. You may need to provide identity documents and biometrics, meet health and character requirements, satisfy security requirements, and — if you are 18 or older — sign the Australian Values Statement after reading, or having explained to you, the Life in Australia booklet.

The official page treats the two subsequent options under the same procedural rules and does not set out separate entitlement conditions for a subsequent TPV. The Temporary Protection visa (subclass 785) is a separate visa with its own official page; the latest official information prevails for any condition, duration, or entitlement detail that is not covered above.

Frequently Asked Questions

Do I have to choose between a subsequent SHEV and a subsequent TPV?

Yes, if you are a SHEV holder who arrived in Australia on or after 14 February 2023 and still need Australia’s protection: the official page says you must apply for a subsequent SHEV or a subsequent TPV before your current visa expires. Letting the SHEV expire without applying makes you unlawful and may bar a further application. The decision is therefore which of the two subsequent temporary visas to apply for, not whether to apply at all.

Can I apply for a permanent visa instead of a subsequent SHEV or TPV?

The permanent Resolution of Status (subclass 851) visa is identified for SHEV and TPV holders or former holders who arrived before 14 February 2023, and is proposed instead of a subsequent TPV or SHEV. For a person who arrived on or after that date, the requirement in the official page is a subsequent SHEV or TPV. The permanent Protection visa (subclass 866) is not available to someone who entered Australia without a valid visa or was not immigration cleared on arrival.

What happens to my current SHEV after I lodge a subsequent application?

If you make a valid application for a subsequent SHEV, TPV, or Resolution of Status visa while you still hold your SHEV, your SHEV remains in effect until the Department decides the application. Your work and study rights continue during the wait. Your eligibility for Medicare and Centrelink also continues, although you will need to renew your Medicare card.

When is the right time to lodge the subsequent application?

You must apply after the Department notifies you of the bar lift and before your current SHEV expires. After that notification, the Department recommends applying at least three months before the SHEV ceases. The expiry date itself can be checked using VEVO.

What if my SHEV has already expired and I did not apply?

The official page states that you are unlawful and must make arrangements to depart Australia, and you may be barred from re-applying for a SHEV or TPV. If you were overseas at the time the SHEV expired, you cannot return to Australia or apply for another SHEV or TPV on the basis of that visa. The consequence follows from the visa having ceased without a valid subsequent application.

Can my family be included in the subsequent application?

Members of the same family unit may apply together on the same application if they are in Australia at the time and are eligible for the visa. A child born after you apply is taken to be included if you notify the Department using Form 1022 and provide a birth certificate, and a child born in Australia is automatically granted the same visas their parents hold at birth. While you hold a SHEV, you cannot sponsor family members through the Australian Humanitarian or Family Migration Programs.

References

Australian Department of Home Affairs — Safe Haven Enterprise visa (Subclass 790)

Stuck on a case?

Ask about your case

Tell us what you are applying for and where you are stuck. You will get a plain answer about what the application has to prove — not a sales pitch.

Ask MigrationAgent.org

General information, not immigration advice for your case.

Contact

Ask about your case

Tell us what you are applying for and where you are stuck. You will get a plain answer about what the application has to prove — not a sales pitch.

Include: the destination, the visa or route you are on, your current status, and any deadline or refusal you are working against. That is enough to give you a straight answer about what the application has to prove.

General information, not immigration advice for your case.

Ask MigrationAgent.org