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Referred Stay (Permanent) Visa Subclass 852

The subclass 852, or permanent stay visa is structured for individuals who have helped the Australian Federal Police track people involved in slavery and human trafficking-related crimes. One can apply for this visa only when they are invited. An applicant is invited for this visa if there is sufficient ground to prove that the life of the referred applicant would be in danger if they return to their home country.

What Does a Subclass 852 Visa Let You Do?

Subclass 852 visa is a permanent permit to the Country. This visa allows its holders to-

  • Stay in the country permanently.
  • Travel to and from Australia for a period of five years.
  • Applicants can include members of their family in a combined application for the Referred Stay visa. Family members include :
    • Partner (spouse or de facto partner),
    • Dependent children and
    • Parents.

To know more about the provisions under subclass 852 or your specific or general queries on eligibility, conditions, migration, and processing, contact our 852 visa consultants or immigration agents.

How Does a Referred Stay (Permanent) Visa 852 Work?

This visa allows an individual who has assisted the Australian Federal Police in an investigation of a case related to human trafficking, slavery, and similar crime to stay in Australia permanently in order to escape the life threat or danger that the referred stay applicant might face on returning back to their home country.To be eligible to apply for this visa, an invitation must first come from the Department. An invitation is given to a prospective applicant only when the following criteria is ensured:

  • The applicant is in Australia; and
  • Satisfactory and favorable information has been submitted by an official of the Australian Federal Police, holding a substantive rank of Commander or higher
  • The said official has issued a certificate in relation to the prospective referred stay applicant.
  • It is proved that the referred stay applicant has made a significant contribution and has co-operated closely in an investigation related to human trafficking and slavery-related crime.
  • Considering the above, a Minister has issued a certificate to that effect, and the said certificate is in force.

A referred stay applicant must have assisted in cracking the investigation and catching the culprits. An applicant would not be eligible for this visa subclass if they themselves are considered a subject of the investigation mentioned in the Minister’s certificate. The applicant should not be a subject of prosecution under the said investigation.

The Minister proceeding over the investigation and case should be convinced that the life of the referred stay applicant might be in danger if he or she is to return back to their home country. Upon considering the consequence of returning home, and the supportive role played by the applicant in the successful completion of the investigation, the Minister may propose or direct an officer to make an offer of stay in Australia. The applicant should, within 28 days of receiving the offer, revert in writing if they intend to accept the offer.

The applicant may be inside or outside Australia when the visa is granted. If the applicant is outside Australia when the visa is granted, their first entry to Australia must be before a date specified by the Minister. The applicant must pay back or make arrangements to pay back all the dues (if any) that they owe to the Government of Australia. The applicant must also meet all the health and character requirements as specified by the Department. The Department should receive a positive assessment of the applicant with respect to their being a security risk to Australia. The applicant must also meet all the health and character requirements as specified by the Department.

The Department should receive a positive assessment of the applicant with respect to their being a security risk to Australia. The applicant’s background history would be verified to ascertain that they are not associated in any manner with the proliferation of weapons of mass destruction. Additionally, the Ministry would ensure that by granting this visa the applicant would not be contrary to Australia’s foreign policy.

There are a specific set of conditions and public interest criteria specified for subclass 852 visas. The applicant must fulfill the required eligibility and visa conditions at all times; failure to do so may result in the visa being canceled.

The visa application process in Australia is complex and quite often requires professional help. With this in mind, we recommend prospective applicants book an appointment with our visa consultants/ immigration agents to secure favorable migration processing.

The shared information is exclusive but not exhaustive; one must comply with all the eligibility requirements before making an application. Immigration laws in Australia can get quite complicated for an applicant to understand. The assistance of an experienced consultant or agent is paramount to a successful outcome.

How to Apply for a Subclass 852 Visa?

Before applying for the subclass 852 visa application, the applicant must ensure that they hold a valid passport. If they do not have said passport, we recommend they obtain a new one prior to applying.

The next step in the process lies in gathering all of the relevant evidence. The evidence should complement the facts provided in the application. An applicant must be able to demonstrate that they are indeed facing danger or a threat to their life if they return to their home country.

Once the application is complete it should then be submitted to the Department. There is no current visa application fee or charge levied for a subclass 852 referred stay visa. After filing the application, the Department will begin their assessment process and, upon completion, will inform you of their decision via registered post.

If you require assistance submitting your application, please talk to one of our visa consultants or immigration agents who will assist you in accurately filing all the application forms. Our specialised immigration agents are trained to counsel the client based on their eligibility and migration conditions before providing all the assistance required to ensure a favorable visa decision

Processing Time for Referred Stay (Permanent) Visa 852

The standard processing time for a subclass 852 visa category is not available. The Department generally asks for additional information both from the applicants and/ or external agencies. Generally, the verification procedure for a temporary visa is less thorough than a permanent visa category.

Contact Us

Complex visa requirements and changing legislation have made the Australian visa application process a little complicated. For most people, applying for a visa is quite a daunting task. With this in mind, if you are looking to secure a visa, our visa consultants/immigration agents can be of immense help. Our team of expert migration agents understand the value of your time and money and can cater to your requirements with absolute professionalism and swiftness.

Let E-Help provide you with a one-stop solution for all aspects of Australian immigration. Contact us or speak to our immigration agents online. We recommend that you fill out our information form for quick reference, and reach out to us for any form of guidance or assistance in relation to the eligibility conditions or your application.

To book an appointment with our 995 visa agents or immigration consultants, contact us or dial us at 1300 92 33 22.

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