Emergency Rescue Visa Subclass 203 Visa - E-HELP CONSULTANCY AND MIGRATION SERVICES
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Subclass 203 Emergency Rescue Visa

Subclass 203 is also known as the Emergency Rescue visa. This visa is for individuals who are subject to persecution in their home country and face an imminent threat to their life or personal security. To be eligible for resettlement to Australia under this visa, an individual would generally need to be referred to the Australian Government by the United Nations High Commissioner for Refugees (UNHCR). Individuals applying under this route should have urgent and compelling reasons necessitating their resettlement. When an application under this visa is applied, the Department also considers the scope and applicability of all other Class XB visas (Subclass 200, Subclass 201, Subclass 202, and Subclass 204). Emergency cases are dealt with the highest priority of all applications for resettlement.

How does a Emergency Rescue Visa Work

Subclass 203 is a permanent residence visa. It allows a foreign national applicant to resettle to Australia to escape the persecution and an imminent threat to their life or personal security that they face in their home country. The Department will satisfy itself that the applicant has compelling reasons to apply for an Emergency Rescue Visa.

The Department would also have to satisfy itself that the applicant is subject to persecution in their home country, and that they face an abrupt threat to their life or/and personal security. If an individual is facing persecution for any of the following reasons, they may apply for a subclass 203 Emergency Rescue visa:

  • Nationality; or
  • Religion; or
  • Political opinion, real or imputed; or
  • Race; or
  • Membership or affiliation to a particular social group.

While examining whether there are compelling reasons for granting a visa under the Humanitarian subclass, the Department of Immigration will review and consider the following:

  • The degree of inclination and connection the applicant has with Australia as compared to other Nations.
  • The kind and extent of discrimination or persecution the applicant is subjected to in his home country– It will not involve a comparison of the situation with any other applicant.
  • If there is any other more suitable country which can provide the applicant with a resettlement option. And whether the applicant has been offered resettlement in another country or if they have already obtained permanent residency or protection in another country.
  • If an applicant has applied through the community support program, the competence of the proposing organization. Approved Proposing Organisations (APOs) are organizations that have been appointed to assist people in humanitarian need.
  • The competence of the proposer to aid and assist in the resettlement of the applicant and his family (if eligible).
  • If the applicant has a legitimate right to apply to another country for a residency permit.

If an applicant’s immediate family has been granted a Protection or Humanitarian visa in the last five years, they can also propose the applicant for a subclass 203 visa. An Australian citizen or a permanent resident holding a Refugee or Humanitarian visa is permitted to propose an immediate family member living outside Australia for a Refugee or Humanitarian visa. This arrangement is also known as the ‘Split-Family Provision’ under the Refugee visa program. Provided the;

  • The proposer in their own application (before being granted their Refugee or Humanitarian visa) must have divulged details about the family member; and
  • The applicant has been a member of the proposer’s immediate family at the time the proposer was granted their own visa and continues to be a member when the decision on the current application is made; and
  • The current application must be made within five years of the date of grant of the proposer’s visa; and
  • The proposer should not have arrived in Australia by boat (as an unauthorized maritime arrival) on or after 13 August 2012.

The proposer would be required to financially support the individual’s (and accompanying family, if any) visa application and settlement, including paying for their travel to Australia.

An applicant may file a combined application and include members of his family unit. The following people can be included in the individual’s visa application at the time of lodgement:

  • Their partner (married or de facto)
  • Their or their partner’s dependent children
  • Other dependent relatives.

Non-dependent children willing to apply for entry to Australia on humanitarian grounds must apply for their visa separately.

An applicant must apply for this visa from a different country(other than his home country). No visa application fee or charge is there for the refugee visa unless it is being applied under the community pilot.

An applicant will be required to undergo some examination and questioning. They shall be required to establish the facts and circumstances to substantiate their claim of persecution and imminent threat to life and personal security. The applicant would also be required to establish their identity, verify the family relationship, and validate all other claims.

What are the Eligibility Requirements for a Emergency Rescue Visa 203

The eligibility requirements for the processing of an Emergency Rescue Visa are:

  • The applicant can be of any age.
  • The applicant should be outside of Australia.
  • The applicant should not be in his home country while applying.
  • The applicant should be subject to persecution in their home country and face an imminent threat to their life or personal security.
  • The applicant should have compelling reasons due to such persecution and threat, which necessitate resettlement to another country.
  • The applicant has not been able to seek refuge elsewhere.
  • The applicant should have a proposer or supporter in Australia to aid and support their resettlement if applied through a community pilot.
  • The applicant and accompanying family members must meet the specified health requirements as set out by the Department.
  • Family members who are not migrating and are not a part of the application must also meet the health requirements.
  • The Department can waive the health requirement criteria if there exist compassionate and compelling circumstances which allow otherwise.
  • The applicant and accompanying family members must meet the specified character requirements as set out by the Department.
  • Family members who are not migrating and are not a part of the application must also meet the character requirements.
  • The applicant (if aged above 18) should confirm and sign the Australian Values Statement to ensure that they abide by the Australian laws and respect the Australian way of living.
  • It should be ensured that any outstanding debt (if any) owed by the applicant or his family towards the Government of Australia has been repaid, and if not, adequate arrangements have been made to pay back the same.
  • The applicant must abide by the condition of not entering Australia before the proposer has entered Australia.

If any of the circumstances concerning the applicant’s eligibility change, the Department should be informed in writing about it. It may affect the Department’s decision or lead to the cancellation of the visa. Book an appointment with our expert visa migration agents, one of the leading consultants (in Brisbane), to ensure a smooth visa processing.

The shared information is exclusive but not exhaustive, and the applicants are advised to take the help of a qualified migration agent to go through the complete eligibility requirements before applying. For more information on visa conditions and processing, please contact our immigration consultants to assist you through the entire process.

Why to apply for a Emergency Rescue Visa

The benefit of applying under subclass 203 is that you get protection from persecution and the life threats you face in your home country. Subclass 203 allows the visa holder to:

  • Stay in Australia indefinitely.
  • Apply for studies and work in Australia for an indefinite period.
  • Enroll in the Australian health care program-Medicare.
  • Access certain social security payments in Australia.
  • Apply for Australian Citizenship (On being eligible).
  • Propose eligible family members for Permanent Residence.
  • Can apply for and attend English Language classes.

How to Apply for a Emergency Rescue Visa

Accurate information, along with documentary evidence, should be duly filed for visa application under subclass 203 for a positive outcome. Talk to our visa consultants for accurate filing of all the application information. Our specialized and professional visa consultants are trained to counsel the client and provide all the assistance required to ensure a positive visa decision. Contact us to schedule an appointment with our visa migration agents to start a hassle-free and effortless visa journey.

Processing Time for a Emergency Rescue Visa

The accurate processing time for this visa is not available. The Department’s decision process could take many months or even years. The Department is receiving an ever-increasing number of applications for Humanitarian visas every year, and no particular time frame has been established so far. Communicate with a professional visa migration agent at E-Help for further information on the visa processing and other details. The general reasons for the longer processing time of these visas are-

  • The Government placing limit on the number of Humanitarian visas they grant each year.
  • The applications are way more in number than the available visa slots the Department can allocate.
  • Regular updates and changes in Migration laws require the Department to closely scrutinize the applications to ensure that they meet the updated legal requirements.

The Department generally asks for additional information both from the candidates and/ or external agencies for the application’s decision. Generally, the verification procedure for a permanent visa is more thorough than a temporary visa category.

Contact Us

Visa Application is a complex and tricky process; it requires a very deep understanding of various legislations and eligibility requirements. Fulfilling the requirements laid out for each of these is important to enable a smooth transition to the next step without having to go back and reassess the specific requirements. Therefore, our migration agency in Brisbane can support you throughout your application process and work to help you achieve your dream of living in Australia. Avoid the heartache of having to reapply by contacting our visa consultants in Brisbane to book an appointment (Contact us) or phone us on 1300 92 33 22.

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