Current Visa Options for Ukrainians in Australia

by Annie Chen

The ongoing conflict in Ukraine has prompted many Ukrainians to seek refuge in Australia. In response, the Australian government has provided guidance for individuals holding a Temporary Humanitarian Concern (Subclass 786) visa. This article outlines the current visa options available for Ukrainians in Australia, as well as information for those wishing to sponsor family members still in Ukraine.?

Following the Grant of a Subclass 786 Visa?

The Subclass 786 visa is granted for a three-year period, allowing holders to work, study, and access Medicare, along with Special Benefits. Visa holders enjoy full work rights during this time.?

Visa holders are permitted to work and study in Australia and can access Medicare and receive Special Benefit payments from Centrelink. Additional support services are available for Subclass 786 visa holders, and more information can be found on the Department of Home Affairs website.?

Options for Onshore Subclass 786 Visa Holders?

Permanent Protection Visa Applications?

Individuals who have ever held a Subclass 449 visa or Subclass 786 visa cannot apply for Subclass 866 permanent Protection Visa, as outlined in clause 1401(3)(iii) of Schedule 1 of the Migration Regulations. Consequently, applications for a Subclass 866 permanent protection visa will be deemed invalid.?

Applying for Other Visas?

Individuals granted a Subclass 449 visa can only apply for non-protection visas while still in Australia if the Minister for Immigration exercises their power under s91L of the Migration Act 1958 to allow such applications.?

The department’s website indicates that they may allow Ukrainians holding Subclass 786 visas to apply for other visas in "exceptional circumstances." The website further states, “Exceptional circumstances may include, but are not limited to:??

• where an individual can demonstrate that by applying for and being granted another visa, they are contributing to the Australian economy or society; or??

• that the visa they are proposing to apply for will ensure that they can maintain family unity involving Australian citizens.”?

Travel and Re-entry on Subclass 786 Visa?

Subclass 786 visa holders wishing to travel overseas must obtain permission to re-enter Australia. Leaving Australia without this permission will require obtaining a new visa to return. To seek re-entry permission, individuals must submit a request to the Department of Home Affairs detailing their compelling and compassionate circumstances.?

Ukrainian nationals holding a Subclass 786 visa who depart Australia without permission will have their visa cease upon departure. To re-enter Australia, they will need to apply for a different visa.?

Sponsoring Offshore Family Members?

Australian citizens and permanent residents have options to sponsor family members living in Ukraine or those who have fled to neighbouring countries. Below are the key family visa options available:?

Partner Visa??

The Partner Visa allows Australian citizens and permanent residents to sponsor their partners, including spouses or de facto partners, to live in Australia.??

The Subclass 820 (Temporary Partner Visa) is initially granted, allowing holders to live in Australia while their permanent visa application is processed. Following this, the??

Subclass 801 (Permanent Partner Visa) can be granted after holding the temporary visa for at least two years. Key requirements include evidence of a genuine relationship, sponsorship by an Australian citizen or permanent resident, and meeting health and character checks.?

Child Visa?

The Child Visa allows Australian citizens and permanent residents to sponsor their children to live in Australia.??

The Subclass 101 (Child Visa) is for children outside Australia who are sponsored by their Australian parent, enabling them to live in Australia permanently.??

The Subclass 802 (Child Visa) is for children who are already in Australia and need to stay permanently. Applicants must be under 18 years of age, sponsored by an Australian citizen or permanent resident, and provide parental responsibility documentation. Health and character checks are also required for children over 16.?

Parent Visa?

The Parent Visa allows Australian citizens and permanent residents to sponsor their parents to live in Australia permanently.??

The Subclass 103 (Parent Visa) is for parents of Australian citizens or permanent residents and requires a balance-of-family test, where at least half of the applicant’s children must reside in Australia.?

The Subclass 804 (Aged Parent Visa) is for parents who are eligible for the age pension, while the Subclass 173 (Temporary Parent Visa) allows parents to live in Australia temporarily while their permanent application is processed. Key requirements include sponsorship by an Australian citizen or permanent resident and compliance with health and character checks.?

Conclusion?

The Australian government’s response to the crisis in Ukraine highlights the flexibility within the immigration system to address humanitarian needs. While the Subclass 786 visa offers immediate support for displaced Ukrainians, it’s important to recognise the limitations placed on further visa applications. The option for applying for other visas in "exceptional circumstances" offers a potential path for individuals who can contribute to the Australian economy or maintain family unity.?

For those looking to sponsor family members, understanding the specific requirements and conditions of visas like the Partner Visa, Child Visa, and Parent Visa is crucial. These visas offer opportunities for long-term reunification, but they also involve a complex application process that requires careful consideration of eligibility criteria and supporting documentation.?

Navigating these legal pathways can be challenging. Seeking professional legal advice is often beneficial to ensure that all options are fully explored and that applications are prepared and lodged correctly.?

Who We Are?

Gilton Valeo Lawyers ' experienced migration legal team is here to help you navigate the complexities of immigration law. Whether you are a Ukrainian national or an Australian citizen looking to sponsor family members, we can guide you through the process. Contact us today to learn more about how we can assist you.?