In-country Special Humanitarian Visa Subclass 201 Visa - E-HELP CONSULTANCY AND MIGRATION SERVICES



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Subclass 201 In-country Special Humanitarian Visa

The subclass 201 visa is a part of the Refugee category of the Humanitarian Program. It is a permanent visa. An individual can apply for this visa if they are in their home country and are subject to persecution there. This visa will allow the applicant, as well as his family, to live, work, and study in Australia for an indefinite period of time. 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 202, Subclass 203, and Subclass 204).

How does a Subclass 201 In-country Special Humanitarian Visa Work

Subclass 201 is a permanent residence visa. It allows a foreign national applicant to resettle to Australia to escape the persecution and risk they face in their home country. If an individual is facing persecution for any of the following reasons, they may apply for a subclass 201 In-country Special Humanitarian Visa:

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

An applicant considering resettlement to Australia under this route can also be proposed or supported by connections in Australia who would financially support their visa application and settlement. Such proposers or supporters can be communities, businesses, friends, or related family members. Alternatively, another pathway available under this route is where an applicant is certified by a relevant Minister as being part of a class of persons, and a risk of harm for this reason.

The applicant is not necessarily required to be registered as a refugee under the UNHCR regulations or with the Government authorities in their home country to apply for the Subclass 201 Humanitarian visa. However, it would be preferable if the applicant gets registered by UNHCR to ensure the necessary care, protection, and safety.

An applicant must apply for this visa only from his own country.No visa application fee, or charge is there for the refugee visas. An applicant may file a combined application and include members of his family unit. However, the applicant must first be invited by the Minister if they find there exist compelling reasons and the applicant has been certified as being a part of a class of persons who need protection and are at risk of harm.

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 organisation. Approved Proposing Organisations (APOs) are organisations 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.

An applicant will be required to undergo examination and questioning. They shall be required to establish the facts and circumstances to substantiate their claim of persecution or substantial discrimination. The applicant would also be required to establish their identity, verify the family relationship, and validate all other claims made.

What are the Eligibility Requirements for a Subclass 201 In-country Special Humanitarian Visa

The eligibility requirements for the processing of a Subclass 201 In-country Special Humanitarian Visa are:

  • The applicant can be of any age.
  • The applicant should be outside of Australia and in their home country while applying.
  • The applicant should be subject to persecution and risk of harm in his home country.
  • The applicant has not been able to leave his home country to seek refuge elsewhere.
  • The applicant should have compelling reasons due to such persecution, which necessitate resettlement to a foreign country.
  • The applicant should have a proposer or supporter in Australia to aid and support their resettlement, if applied through the community support program.
  • 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 Minister should be satisfied that the resettlement is the appropriate course and not contrary to the interests of 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 Subclass 201 In-country Special Humanitarian Visa

The benefit of applying under subclass 201 is that you get protection from persecution and a safe stay in Australia. Subclass 201 allows the visa holder to:

  • Stay in Australia indefinitely.
  • Apply for studies and work in Australia for an indefinite period.
  • Enrol 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.
  • Allowed to attend English Language classes.

How to Apply for a Subclass 201 In-country Special Humanitarian Visa

Accurate information, along with documentary evidence, should be duly filed for visa application under subclass 201 for a positive outcome. Talk to our visa consultants for accurate filing of all the application information. Our specialised 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 Subclass 201 In-country Special Humanitarian Visa

The accurate processing time for this visa is not available. This visa is rarely used in terms of application and grant. The Department’s decision process could take many months or even years. 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 refugee 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, including Refugee law, require the Department to closely scrutinise 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.

  • B-6, Office 11, plot - M44, sector 15, Mussafah, PO Box No. 40164, Mussafah.

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