Special Migration and Refugee Visas
Australia has other migration streams for those who belong in special categories or those who require humanitarian aid.
Special Migration
You may be eligible to apply under the Special Migration category if you fall into any of these groups:
- You have close ties with Australia
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This category requires that at least one of the following conditions applies to you:
- you have lived in Australia as a permanent resident for 9 of your first 18 years and must have maintained close links with Australia
- you have completed 3 months services in the Australian Armed Forces any time prior to 19 January 1981
- have spent your formative years as a child in Australia
- you last entered Australia before 1 January 1975 and have unlawfully remained in Australia
- you arrived in Australia as a minor before September 1994, became unlawful before turning 18 and have spent most of your formative years in Australia
- You have distinguished talent
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This category may apply to you if you possess a proven outstanding record of achievement in your chosen field or profession, the arts or sport. You must be nominated by an Australian organisation, citizen or permanent resident, or an eligible New Zealand citizen.
- You are a former resident of Australia and wish to return
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You may apply to migrate under this category if you are a former Australian permanent resident living outside Australia and have either spent at least 9 of your first 18 years in Australia or you have completed 3 months service in the Australian Armed Forces any time prior to 19 January 1981.
- You are a prospective marriage spouse
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You may apply to migrate under this category you are a holder of a prospective marriage visa (subclass 300) which you applied for before 1 November 1996, have married your sponsor in Australia and are now applying for permanent residency.
Refugees and Australia's Humanitarian program
There are two components to Australia's Humanitarian program: the offshore program assists people in humanitarian need overseas for whom resettlement in another country is the sole solution; the onshore component applies to people who are seeking protection and refugee status in Australia.
Offshore program
The offshore program consists of the following two groups:
- The refugee category is for people outside Australia who are in humanitarian need of resettlement, who have suffered persecution or have a well-founded fear of being persecuted.
- The Special Humanitarian Program lends assistance to people currently outside the country of their nationality or usual residence who have suffered significant discrimination and serious violation of human rights, and for whom resettlement is appropriate. These applications must be supported by residents or organisations within Australia.
Onshore program
People who are already in Australia may be able to apply for a Protection Visa (effectively provides them with refugee status) if they enlist Australia's protection obligations under the 1951 UN Convention and 1967 Protocol relating to refugees.
Applications for refugee status are assessed on individual merits, taking into account all information supplied by applicants.
Permanent Protection Visas may be granted to applicants who entered Australia in a lawful and authorised manner. Temporary Protection Visas may be granted to those who have not entered Australia in an authorised way.
Due to legislation which came into effect in 2001, some Temporary Protection Visa holders may not be able to apply for permanent visas.
For more information on special migration categories and refugee visas, please contact CGS Migrations.
