Subclass 449 Humanitarian Stay Visa | Who Can Apply

Australia immigration lawyer helping Subclass 449 Humanitarian Stay visa
Australia provides for those who have been forced to flee their home country fearing for their lives

Subclass 449 Humanitarian Stay or Humanitarian Stay (Temporary) Class UJ Subclass 449 visa: How to apply

Subclass 449 Humanitarian Stay visa is for people who are forced to flee their home country, or they are likely to be displaced, and there is grave fear to their safety because of their personal circumstances. The Department of Immigration (Department of Home Affairs) or the Minister may invite them to apply for this temporary visa (this visa is by invitation, click here to learn more).

You can be in or outside Australia to apply for Subclass 449 Humanitarian Stay visa. And if you applied for this visa while you are in Australia, you must be in the country for the visa to be granted. Similarly, if you are outside Australia when you applied for this visa, you must not be in Australia when the visa is granted.

The Department of Immigration usually place a cap or a limit on Subclass 449 Humanitarian visas granted each year. There are no visa criteria to satisfy other than the need to be invited to apply. However, you must not be of security risk (PIC 4002 – assessed by ASIO) and not associated to the proliferation of weapons of mass destruction (PIC 4003A). In addition, you must not be of a health concern (PIC 4007, free from TB, etc) unless the Minister is satisfied that it would be unreasonable to require you to undergo health assessment.

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Including family members

If invited to apply for the Subclass 449 Humanitarian Stay visa, you can include members of your immediate family, for example, your partner or under 18 dependent child or dependent parents, in a combined application.

The Subclass 449 Humanitarian Stay visa is valid up to 3 years. You can work and you have access to Social Security benefits, and free medical (Medicare). Click here to find out if you are eligible for subclass 786 Temporary (Humanitarian Concern) visa if you are unable to return to your home country at the end of your 3 years Subclass 449 Humanitarian Stay visa.

Once you are granted this visa, you cannot leave Australia and you cannot sponsor members of your family unit. In addition, you will not be able to apply for any other visa while you are in Australia. However, you can apply for a protection visa (click here to learn more about Subclass 866 visa) if the Minister allows you (click here to learn more about section 91L).

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Visa conditions

The Department of Immigration may impose the following visa conditions on Subclass 449 Humanitarian Stay visa:

  1. 8506 – if you change your address, you must advise within 2 working days;
  2. 8101 – you must not work;
  3. 8104 – you can work up to 40 hours per fortnight;
  4. 8303 – you must not involve in disruptive activities or violence or threatening to harm

Australian migration law is complex and difficult to understand, contact our immigration lawyer for a free 15 minutes consultation to help you decide if you can apply for this visa (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.

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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.

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