In-country Special Humanitarian Visa subclass 201

In-country Special Humanitarian Visa subclass 201: What this In-country Special Humanitarian visa lets you do

This is a permanent residence visa. It allows you to:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• access certain social security payments
• apply for Australian citizenship (after you have lived in Australia for four years)
• propose family members for permanent residence
• attend English language classes.

If you want to travel outside Australia, you will need to get a travel document. After five years, you will need a Resident Return Visa to re-enter Australia.

In-country Special Humanitarian Visa subclass 201:Before you apply

You must be outside Australia when you apply for an In-country Special Humanitarian visa (subclass 201). You must also be outside Australia when the visa is decided.

In-country Special Humanitarian Visa subclass 201: Cost

There are no costs associated with this In-country Special Humanitarian visa , unless you are applying under the Community pilot. The Australian Government pays for:

• travel costs to Australia
• other costs before you leave for Australia, including medical examinations and cultural orientation.

In-country Special Humanitarian Visa subclass 201: Who could get this In-country Special Humanitarian visa

You might be able to get this In-country Special Humanitarian visa if:

• you are living in your home country
• you are subject to persecution in your home country
• you have not been able to leave that country to seek refuge elsewhere.

If a member of your immediate family was granted this In-country Special Humanitarian visa in the past five years, they can propose you for this In-country Special Humanitarian visa under ‘split family’ provisions. You can find more information at Proposing an Immediate Family Member (‘Split Family’).

In-country Special Humanitarian Visa subclass 201: Health requirements

You must meet certain health requirements. The results are usually valid for 12 months. Do not arrange a health examination until we ask you to.

This applies to you and any dependent family members included in your application.

A waiver of the need to meet the health requirement is available if compassionate and compelling circumstances exist. You can find information at Health waivers.

In-country Special Humanitarian Visa subclass 201: Character requirements

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.

You do not need to provide a police certificate from your home country.

In-country Special Humanitarian Visa subclass 201: Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this In-country Special Humanitarian visa can be granted.

In-country Special Humanitarian Visa subclass 201: Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

In-country Special Humanitarian Visa subclass 201: Including family in your application

You can include the following people in your visa application at the time of lodgement:

• your partner (married or de facto)
• your or your partner’s dependent children
• other dependent relatives.​​

These family members must meet the requirements for including family members in your application, see Form 1497i Including family members in your refugee, humanitarian or protection visa application  (110KB PDF). They could be asked to provide evidence of their relationship to you. This could include marriage certificates, birth certificates, joint bank accounts and other relevant documents.​​

Your family members must be able to show that they meet health and character requirements.​

Non-dependent children who want to apply for entry to Australia on humanitarian grounds must apply for this In-country Special Humanitarian visa separately.

In-country Special Humanitarian Visa subclass 201: How to apply

This information explains what you need to do to apply for an In-country Special Humanitarian visa (subclass 201). You and anyone included in your application must be outside Australia when you apply and the visa is decided.

If you  want to apply under the  Community  Proposal Pilot, further information is available under the Community pilot tab.

In-country Special Humanitarian Visa subclass 201: Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

In-country Special Humanitarian Visa subclass 201: Lodge your application

You can apply for this In-country Special Humanitarian visa using this form:

• Form 842 — Application for an Offshore Humanitarian Visa (586 kB PDF).

Lodge your application form at an immigration office outside Australia.

If you have a proposer, they must lodge the application in Australia, using:

• Form 681  Refugee and special humanitarian proposal (241 kB PDF).

Your proposer should send your application form (Form 842) to you. Sign that form and return it to your proposer before they lodge the application. Your proposer should lodge the Form 681 and Form 842 together.

You can find more information at Lodging certain humanitarian applications in Australia.

In-country Special Humanitarian Visa subclass 201: More information

Please refer to preparing your application, for information on:

• certifying and translating documents into English
• communicating with the department of immigration and border protection
• using a migration agent
• authorising another person to receive information from the department of immigration and border protection
• receiving assistance with your application.​​​​

In-country Special Humanitarian Visa subclass 201: After you have applied

After you apply for this In-country Special Humanitarian visa , we will let you and your proposer (if applicable) know that we have received your application.

In-country Special Humanitarian Visa subclass 201: Wait for a decision

We have visa processing times for each visa.

Your application could take longer if you need character or health checks (including x-rays), if you need to provide more information, or if your application is incomplete.

Processing times also vary according to individual and family circumstances, such as any health conditions that might require testing or treatment.

The decision process could take many months. We will contact you at key stages of processing and when a decision is made. Your proposer (if applicable) might be contacted to:

• clarify details in the proposal
• assess the level of help the proposer can give you.

In-country Special Humanitarian Visa subclass 201: Provide more information

You can provide more information to the department of immigration and border protection , at any time until a decision is made on the application.  If you want to correct information you provided, use:

• Form 1023 –  Notification of incorrect answer(s) (99KB PDF)

We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

If another person gives the department of immigration and border protection information that could result in you being refused a visa, we will  usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

At the interview, you will be asked about:

• your circumstances, including the reasons why you are seeking a refugee visa
• your family composition
• the information you have provided in your application
• other matters relating to your application.

In-country Special Humanitarian Visa subclass 201: Report changes in your circumstances

You must tell the department of immigration and border protection if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

Please report changes in your circumstances via ImmiAccount. If you are not able to use ImmiAccount, you can use the following forms:

• Form 929 – Change of address and/or passport details (86KB PDF) – if you move to a new address or change your passport
• Form 1022 – Notification of changes in circumstances (77KB PDF) – if there are other changes in your circumstances.

If you do not provide the department of immigration and border protection with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.​​

In-country Special Humanitarian Visa subclass 201: Withdrawing your application

​You can withdraw the application at any time before we make a decision about it. To do this, send the department of immigration and border protection a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include your file reference number, client ID, or a Transaction Reference Number.

​​​All applicants 18 years of age or older, wishing to withdraw, must sign the request for withdrawal.​​​​​​

In-country Special Humanitarian Visa subclass 201: Visa decision

If the visa is granted, we will let you know:

• when you can use the visa
• the visa grant number
• any conditions attached to the visa.

If the visa is refused, we will send you a letter or email stating why it was refused.

In-country Special Humanitarian Visa subclass 201: Document checklist

You need to provide documents to support your application for this In-country Special Humanitarian visa . We can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.

Provide certified copies of original documents. Do not include original documents unless we specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.

Use this checklist to make sure your application is complete.

​Visa application requirements differ from country to country. If you are applying outside Australia, your nearest immigrati​on office outside Australia will tell you exactly how to lodge your application and what documents to provide.

In-country Special Humanitarian Visa subclass 201: Forms

• Form 842Application for an offshore humanitarian visa (586 kB PDF)
• Form 681Refugee and special humanitarian proposal (241 kB PDF) (to be completed if you are being ‘proposed’ for the visa by an immediate family member in Australia).
• Form 1417Proposal for refugee and special humanitarian entrants by approved proposing organisation (to be completed if you are being proposed under the Community pilot).

In-country Special Humanitarian Visa subclass 201: Receiving assistance

• If someone gives you advice or lodges your application for you:
  • Form 956 Advice by a migration agent/exempt person of providing immigration assistance (133KB PDF) (the agent or exempt person completes the form and you must sign it).
• If you would like someone else  to receive correspondence from the department of immigration and border protection on your behalf:
  • Form 956a Appointment or withdrawal of an authorised recipient (116KB PDF) (the recipient completes the form and you must sign it).​

In-country Special Humanitarian Visa subclass 201: Your humanitarian circumstances

• A detailed written statement (in English), clearly explaining why you fear remaining in your home country.

In-country Special Humanitarian Visa subclass 201: Visas or residence permits

• Certified copies of any visas or residence permits held by any person included in this application (if available).

In-country Special Humanitarian Visa subclass 201: Your identity

• Certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder’s photo and personal details and the issue/expiry dates).

or

A statement explaining why you have no travel or identity documents.

• Eight recent passport-sized photographs (45  mm  x  35  mm) of each person included in the application.
  • These photographs should be of the head and shoulders only against a plain background.
  • Print the name of the person on the back of each photograph.

• If your name has changed or the name of anyone included in your application has changed: a certified copy of evidence of the name change.

In-country Special Humanitarian Visa subclass 201: Your relationships

• Certified copies of marriage certificates or relationship registrations for you and anyone else included in your application, even if they are not joining you in Australia.

• If you are living in a de facto relationship: independent evidence  that your relationship is genuine and continuing (for example, joint bank account statements, billing accounts in joint names or joint ownership of major assets).

• If you or anyone included in the application has been widowed, divorced or permanently separated: a certified copy of the death certificate, divorce documents, or statutory declaration separation documents.

• Evidence of financial dependency for all your members of the family unit aged 18 or older:
  • a certified copy of their birth certificate and proof of their relationship to you
  • proof that they live in your household
  • proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application.

In-country Special Humanitarian Visa subclass 201: Your children

• Certified copies of birth certificates or the family book showing the names of both parents  of all your dependent children.

• If any dependent child included in the application is adopted: certified copies of the adoption papers.

or

A written statement that explains the circumstances of adoption.

• If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia, such as:
  • certified copies of official legal documents, such as a court-issued parental responsibility (custody), access or guardianship order
  • statutory declaration (80 kB pdf) giving their permission
  • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (125 kB pdf). If you use Form 1229 or a statutory declaration, you will have to attach a certified copy of the other parent’s government-issued identification document (such as a passport or driver’s licence) with their photograph and signature.

• If you or anyone included in the application has served in the armed forces of any country: certified copies of military service record or discharge papers.

In-country Special Humanitarian Visa subclass 201: Proposer documents

• If you are applying under the ‘split family’ provisions for immediate family members:
  • a certified copy of your proposer’s visa
  • evidence of the relationship with your proposer, such as a certified copy of marriage or birth certificate.

In-country Special Humanitarian Visa subclass 201: Character documents​

In-country Special Humanitarian Visa subclass 201: Support for humanitarian visa holders

You can find information about ways the Australian Government helps you prepare to travel to Australia at Refugee and Humanitarian Entry to Australia.

In-country Special Humanitarian Visa subclass 201: What this In-country Special Humanitarian visa lets you do

This is a permanent residence visa. It allows you to:

• stay in Australia indefinitely
• work and study in Australia
• enrol in Medicare, Australia’s scheme for health-related care and expenses
• access certain social security payments
• apply for Australian citizenship (after you have lived in Australia for four years)
• propose family members for permanent residence
• attend English language classes.

If you want to travel outside Australia, you will need to get a travel document. After five years, you will need a Resident Return Visa to re-enter Australia.

In-country Special Humanitarian Visa subclass 201: Your obligations

You and your family must:

• come to Australia initially by the date specified on your visa
• comply with all visa conditions and Australian laws.

In-country Special Humanitarian Visa subclass 201: What you need after your visa is granted but before you come to Australia

Document for travel to Australia

When your visa is granted, we will issue you with a document for travel to Australia. This document is valid one time only for travel and entry to Australia.

Departure health check

You need to have a departure health check from an approved immigration panel physician no more than 72 hours before your confirmed departure for Australia. This is to reduce your post-arrival health issues and make resettlement easier.

You must:

• be healthy enough to travel to Australia
• have vaccinations and treatment for parasites before resettlement
• follow up any pre-existing health conditions after you arrive in Australia.

The departure health check includes:

• a physical examination
• a pregnancy test
• tests for communicable diseases
• administration of prescribed vaccinations, including measles, mumps and rubella
• treatment of parasites and infestations.

In-country Special Humanitarian Visa subclass 201: Report changes in circumstances

You must tell the department of immigration and border protection if your circumstances change.  This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

Please report changes in your circumstances via ImmiAccount.  If you are not able to use ImmiAccount, you can use the following forms:

• Form 929 Change of address and/or passport details (86KB PDF) – if you move to a new address or change your passport
• Form 1022 Notification of changes in circumstances (77KB PDF) – if there are other changes in your circumstances.

If you do not provide the department of immigration and border protection with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.

In-country Special Humanitarian Visa subclass 201: Who can propose a person

​​You can propose a person for this In-country Special Humanitarian visa if you meet all of the following:

• you are:
  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen
  • an Australian organisation
• you did not come to Australia as an illegal maritime arrival on or after 13 August 2012.

You can also Propose an imm​ediate family member (‘split family’) for this In-country Special Humanitarian visa if:

• you have declared the person you are proposing as an immediate family member to the department of immigration and border protection before your own visa was granted
• you hold, or have held this In-country Special Humanitarian visa , and it was granted within the past five years
• the person you are proposing is still a member of your immediate family.

In-country Special Humanitarian Visa subclass 201: How to propose

This information explains what you need to propose someone for an In-country Special Humanitarian visa (subclass 201).

In-country Special Humanitarian Visa subclass 201: Lodge your application by mail

​​To propose someone for this In-country Special Humanitarian visa , complete and lodge the following forms:

• Form 842 Application for an offshore humanitarian visa (586 kB pdf)
• Form 681 Refugee and special humanitarian proposal (241 kB pdf).

You must provide all relevant documents when you lodge the application.

Send ​ Form 842 (586 kB pdf) to the person you are proposing for this In-country Special Humanitarian visa . That person should sign the form and return it to you before you lodge the application.

Lodge the application at the:

• Melbourne office in Victoria – attention Melbourne Offshore Humanitarian Processing Centre – if you are proposing someone who lives in the Middle East, Afghanistan or Pakistan Email enquiry form: Melbourne Offshore Humanitarian Processing Centre Enquiry Form

• Sydney office in New South Wales – attention NSW Offshore Humanitarian Processing Centre –  if  you are proposing someone who lives in any other country Email enquiry form: NSW Offshore Humanitarian Processing Centre Enquiry Form

You can find further information at Lodging certain humanitarian applications in Australia.

In-country Special Humanitarian Visa subclass 201: Proposer obligations

If your immediate family members are granted this In-country Special Humanitarian visa , you should be prepared to:

• meet them at the airport
• provide their accommodation on arrival
• help them to find permanent accommodation
• familiarise them with services and service providers such as:
  • Centrelink
  • banks
  • public transport
  • translating and interpreting services
  • health care
  • permanent housing
  • education
  • employment services
  • childcare.

In-country Special Humanitarian Visa subclass 201: Support for proposers

You can apply for proposer support to better help you to:

• respond to the applicant’s needs
• fulfil your obligations to directly support the applicant.

A Humanitarian Settlement Services provider in your state or territory will contact you if the visa application is approved. The service provider will give you initial information and tell you what support could be available.

In-country Special Humanitarian Visa subclass 201: Report changes in circumstances

Tell the department of immigration and border protection if your circumstances change, for example:

• you change your address
• you can no longer provide support.

In-country Special Humanitarian Visa subclass 201: What is the Community Proposal Pilot?

The Community Proposal Pilot is a program of up to 500 visa places under Australia’s Humanitarian Program. It allows approved proposing organisations to propose someone in a humanitarian situation outside of Australia for a Refugee and Humanitarian (Class XB) visa.

These organisations would usually work with supporting community organisations to identify people to propose, support their visa application process, and if successful, help them to settle in Australia.

In-country Special Humanitarian Visa subclass 201: Who are the approved proposing organisations?

They are community organisations that we have invited to participate in the Community Proposer Pilot. They are:

• AMES (Victoria)
• Brotherhood of St Laurence (Victoria)
• Illawarra Multicultural Services (New South Wales)
• Liverpool Migrant Resource Centre (New South Wales).

The approved proposing organisations:

• have entered into a Deed of Agreement with the department of immigration and border protection
• are responsible for lodging valid visa applications to propose humanitarian applicants
• are responsible for settlement support for the people being proposed for up to 12 months after arriving in Australia
• can work with a supporting community organisation with whom they have an agreement, to identify people to propose and to provide settlement support
• are responsible for ensuring payment of costs related to the visa
• are responsible for monitoring and reporting on the provision of support and settlement outcomes of the humanitarian entrants.

In-country Special Humanitarian Visa subclass 201: What do approved proposing organisations need to do?

Approved proposing organisations must:

• lodge the application forms (Forms842 (586 kB pdf) and1417 (409 kB pdf))
• ensure the visa application charge is paid
• pay for the medical examinations that are needed for the visa
• arrange and pay for airfares to Australia if the visa is granted.

If we grant the visa, the approved proposing organisation must also support the people who were proposed for up to 12 months after they arrive in Australia. This means the approved proposing organisation must:

• meet them at an Australian airport
• provide on-arrival clothing and footwear if required
• provide accommodation
• provide basic household goods and food
• refer any families with children to a school
• refer them to Medicare, Centrelink and a bank
• register them for a general health assessment
• refer them for English language training
• help them find a job and permanent housing
• connect them to other community and government programs
• provide orientation to their local community and educate them about the rights and responsibilities of Australian permanent residents, including residential and tenancy rights and responsibilities.

In-country Special Humanitarian Visa subclass 201: What are supporting community organisations?

Supporting community organisations work with an approved proposing organisation to identify people who could apply for the visa and, if the visa is granted, help them settle in Australia.

The organisations work together under an agreement. A supporting community organisation must provide any or all of the support and services someone needs after they arrive in Australia, as agreed with the approved proposing organisation.

In-country Special Humanitarian Visa subclass 201: Who can be proposed for a refugee visa?

People being proposed under the Community Proposal Pilot must:

• be proposed by an approved proposing organisation
• be outside Australia when the visa application is lodged
• meet the eligibility criteria for a refugee and humanitarian visa
• meet Australia’s health and character requirements.

Please note that the Community Proposal Pilot is not a family reunion visa.

In-country Special Humanitarian Visa subclass 201: How do I propose someone for a refugee visa?

You cannot propose an application by yourself. To propose someone through the Community Proposal Pilot, approach an approved proposing organisation. You can contact the approved proposing organisation yourself, or you can ask a supporting community organisation to contact them for you.

To apply for a visa under the Community Proposal Pilot, you must:

• identify someone you want to propose (they will be the visa applicant)
• have them complete and sign Form 842 Application for an offshore humanitarian visa (586 kB pdf)
• prepare their information, payments and documents to support the application
• provide the application and all relevant information, payments and documents to the approved proposing organisation.

The approved proposing organisation will decide which applications they can support.

You do not have to propose someone through the Community Proposal Pilot. You can still propose your family members directly through the normal visa application process if you meet the requirements of the visa.

In-country Special Humanitarian Visa subclass 201: What forms need to be completed?

The people being proposed complete:

• Form 842 Application for an offshore humanitarian visa refugee and humanitarian (Class XB) visa (586 kB pdf).

The approved proposing organisation completes:

• Form 1417 Proposal for refugee and special humanitarian entrants by approved proposing organisation (409 kB pdf).

The approved proposing organisation lodges these forms and documents at the Melbourne office in Victoria – attention  Melbourne Offshore Humanitarian Processing Centre.

In-country Special Humanitarian Visa subclass 201: What happens after the application is lodged?

After the application is lodged, we will:

• tell the people being proposed and the approved proposing organisation that we have received the application
• ask the people being processed if we need more detail about information in the visa application
• contact the people being proposed at key processing stages, to clarify details in the visa application and when a decision is made.

The people being proposed can provide more information about their visa application to the department of immigration and border protection in writing at any time until a decision is made on the application. If they want to correct their information they have provided, they can use Form 1023 Notification of incorrect answer(s) (99 kB pdf).

In-country Special Humanitarian Visa subclass 201: How long will the decision process take?

The decision process could take many months.

In-country Special Humanitarian Visa subclass 201: What happens if more information is needed?

If we ask for more information, the people being proposed will have to respond by a set date. After that date, we can make a decision about the application using the information we have.

If another person gives the department of immigration and border protection information that could result in the visa being refused, we will usually give the people being proposed the opportunity to comment on the information.

The people being proposed might also be interviewed. They will need to bring their passport or other identification and any requested documents to the interview.

In-country Special Humanitarian Visa subclass 201: What is a Deed of Agreement?

Under the Deed of Agreement, an Approved Proposing Organisation agrees to provide a range of services and support to people being proposed. The Deed is not an agreement for an Approved Proposing Organisation to provide services on behalf of the Commonwealth. The Commonwealth is not funding Approved Proposing Organisations to provide these services.

The Deed of Agreement is a legally binding document.

In-country Special Humanitarian Visa subclass 201: What are the costs?

Approved proposing organisations are responsible for ensuring the following costs are paid:

• the visa application charge
• medical checks for the people being proposed
• airfares to Australia
• accommodation
• initial household costs such as goods, food, and utilities connection.

Approved proposing organisations can ask the supporting community organisation or the people proposing someone to pay for these costs. Approved proposing organisations can also ask for a contribution to cover administrative costs related to the application.

Visa holders must not be asked to pay back any of the costs associated with their proposal. We would consider that to be in breach of the Deed of Agreement and apply sanctions.

The visa application charges are listed in Fees and charges.

In-country Special Humanitarian Visa subclass 201: Where can I get more information?

For more information about the Community Proposal Pilot or to seek help getting in touch with an approved proposing organisation, send an email to the Community Proposal Pilot mailbox: [email protected]

Source: The Australian Department of Home Affairs (www.homeaffairs.gov.au). Please visit www.border.gov.au to get updated information.