Referred Stay (Permanent) Visa Subclass 852 Visa

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.

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.

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.