Need help? We are available to speak to you 7 days a weekRead More

Covid 408 visas are expiring now - learn more about your options here.

Need help? We are available 7 days a week.

0800 010 010
Open 7 days
1300 150 745

Venezuela visa Australia

Associate - Australian Migration Lawyer
May 7, 2024
10
minute read

The Australian protection visa for Venezuelan nationals

More than 6.1 million Venezuelans have left their country due to political turmoil, socio-economic instability, and a humanitarian crisis, creating Latin America's largest displacement crisis. Many undertake perilous journeys across South America on foot, often without formal documents, facing risks from smugglers and traffickers. Despite these challenges, Australia offers pathways to protection, helping Venezuelans access adequate healthcare, education, and employment opportunities.

The Australian protection visa program provides various avenues for Venezuelan individuals facing persecution or discrimination in Venezuela. These options include the Offshore Humanitarian stream (Form 842) and the Global Special Humanitarian visa (subclass 202), which require sponsorship from an Australian entity. Furthermore, Venezuelan nationals already in Australia can seek refuge through the subclass 866 Protection visa if they fear persecution, granting them the opportunity for permanent residency upon approval.

The protection visa process for Venezuela

Eligibility criteria for Venezuela protection visas:

For Venezuelan individuals seeking visas in Australia, there are various pathways available to explore.

One option is the Offshore Humanitarian stream (Form 842), where applicants are required to demonstrate significant persecution in Venezuela, constituting a grave violation of their human rights, particularly pertaining to ethnicity, religion, political beliefs, or similar factors.

Another avenue is the Global Special Humanitarian visa (subclass 202), which mandates sponsorship from an Australian entity. Applicants must demonstrate a genuine need for protection from persecution or discrimination while residing outside Venezuela and Australia. Sponsors can be Australian citizens, permanent residents, or organisations. Immediate family members may also be eligible for split family visa applications if they meet the specified criteria. Sponsors play a vital role in facilitating resettlement and may assist with travel expenses.

Lastly, Venezuelan nationals already in Australia on a valid visa can apply for a subclass 866 Protection visa if they fear persecution or significant harm in Venezuela. If granted, this visa permits them to stay permanently in Australia, provided they fulfil Australia's protection obligations and adhere to all other visa conditions.

[free_consultation]

Book a Consultation


If you are interested in getting more information about a Protection visa, get in touch with Australian Migration Lawyers for a consultation.
[/free_consultation]

Venezuela visa supporting documentation

While the documentation specifics may differ based on the type of visa, individuals from Venezuela may be asked to provide the following:

Identity Documents:

  • Passport with personal details.
  • National identity card.
  • Proof of name change.

Humanitarian Circumstances:

  • Registration with refugee organizations.
  • Statement explaining reasons for leaving home country.

Visas or Residence Permits:

  • Certified copies of current visas or permits.

Relationship Documents:

  • Certified copies of marriage certificates or registrations.

Photographs:

  • Passport-sized photographs per applicant.

Application Forms:

  • Refugee and humanitarian proposal forms.

Character Documents:

  • Military service records (if applicable).

Notification of Assistance:

  • Immigration assistance forms.
  • Dependents' Documents:
  • Identity documents.
  • Relationship proof.
  • Visas or permits.
  • Marriage certificates or registrations.
  • Character documents (if applicable).

Translation:

  • Translation of non-English documents into English.
  • Document Preparation for Online Applications:
  • Color scans or photos of documents.
  • Clarity and labeling.
  • Consolidation of multi-page documents.
  • Sponsorship and travel assistance documentation.

Lodging a Venezuelan protection visa 

Venezuelan individuals applying for a Humanitarian visa have the option to choose between online submission or postal application. Opting for online submission is recommended for its convenience and efficiency. For online applications, applicants should complete the appropriate forms, such as Form 842 for the Offshore Humanitarian visa and Form 681 for refugee and special humanitarian proposals, and submit them along with required documents through the designated online platform. Alternatively, for postal submissions, completed forms and supporting documents should be sent to the Special Humanitarian Processing Centre at the Department of Home Affairs in Sydney, NSW. For offshore applications using Form 842, applicants can mail their submissions to the specified addresses.

Venezuelan visa compliance and conditions

If granted a Global Special Humanitarian visa (subclass 202), Humanitarian visa (Form 842), or Protection visa (subclass 866), specific terms and responsibilities apply:

Residency and Rights: Visa recipients enjoy indefinite residency in Australia, employment and educational opportunities, access to public healthcare through Medicare, the ability to sponsor family members for permanent residency, five years of travel to and from Australia, eligibility for Australian citizenship, and access to complimentary English language classes.

Commencement of Residency: Permanent residency commences upon arrival in Australia on the visa.

Family Inclusion: Eligible family members include partners, dependent children, partner’s dependent children, and other dependent relatives, provided they meet health and character requirements. Declaration of all family members is obligatory, regardless of whether they are applying together.

Fees: There is no visa application fee unless applying under the Community Support Program. However, for a Protection visa (subclass 866) application, there is a fee of $45 AUD.

Responsibilities: Visa holders must abide by Australian laws, enter Australia before the specified initial arrival date, and make their own travel arrangements to Australia.

The processing time for an Venezuelan-Australian visa

When it comes to visa applications from Venezuela, processing times can vary significantly due to various factors. While authorities strive to process all requests promptly, occasional delays may occur due to the need to verify family connections, assess health and character, and confirm identities. Additionally, limitations on visa quotas and queues for specific visa categories may also contribute to delays. Efforts are made to expedite assessments for humanitarian visas, but the processing timeframe depends on individual circumstances, geographical location, and the availability of necessary documentation and personnel.

Support from Australian immigration lawyers

Engaging the services of an Australian Migration Lawyer can provide significant benefits when pursuing a protection claim. Our experts possess a deep understanding of Australia’s visa laws and can effectively guide applicants through the process. Their assistance ensures the completeness of necessary documentation and compliance with eligibility criteria, while also addressing any legal challenges that may arise, thereby simplifying the process. Leveraging their expertise increases the chances of a favourable outcome and reduces the stress associated with the application process.

Supporting evidence for your application 

To strengthen your asylum application in Australia as a Venezuelan applicant, it's essential to provide a detailed statement outlining the specific threats you face if you were to return to Venezuela. If other family members also face danger, they should submit separate statements. Your statement should carefully document the circumstances leading to your departure, including those responsible for persecution, efforts made to seek assistance, and how you left Venezuela. It's crucial to provide specific examples rather than generalizations about the country's dangers. Integrity is paramount, and embellishment should be avoided, as the Department of Home Affairs (DHA) will verify the information provided. Additionally, include any supporting documents such as letters, photographs, or medical reports, along with original identity and nationality documents. Ensure that all documents are authentic and translated into English if necessary.

The Venezuelan protection visa interview

When attending your protection visa interview at the Department of Home Affairs (DHA), thorough preparation and honesty are essential. Plan your logistics carefully, review your statement thoroughly, and disclose any new information beforehand. Expect questions about your identity, truthfulness, and potential risks in Venezuela during the interview. An interpreter will be available to assist, and it's crucial to maintain consistency with your statement. Be ready to address any inconsistencies, as the officer may verify information from different sources. Share any additional relevant details promptly and consider seeking advice from an Australian Migration Lawyer, especially regarding post-interview communication from Immigration. Common interview topics include obtaining personal documents, providing personal background information, describing past and potential threats in Venezuela, and discussing any security or political affiliations.

The administrative processes

Seeking the support of an experienced Australian Migration Lawyer is crucial for humanitarian applicants from Venezuela. Our team offers personalised assistance regarding visa requirements, help in compiling accurate documentation, and provide representation during interviews. It's essential to promptly respond to inquiries and stay informed about immigration laws. With the guidance of an Australian Migration Lawyer, humanitarian applicants from Venezuela can confidently navigate the bureaucratic process, increasing their chances of a favourable outcome.

Specific advice for your case

While the internet offers plentiful resources, there are instances where personalised advice is invaluable. Our team of Australian Migration Lawyers provides free initial consultations to evaluate your visa options and offer tailored strategic guidance. Due to the intricacies of each case, it's challenging for any lawyer to offer comprehensive advice without conducting a thorough interview.

[aml_difference][/aml_difference]

Legal support for appeals and reviews

Our team of Australian Migration Lawyers is dedicated to providing ongoing support to applicants from Venezuela, assisting them through every stage of the application process, including any required appeals or reviews. Once a decision is reached on your application, we will promptly notify you of the outcome. If your application is successful, we will share in your joy. However, if the decision is unfavourable, our lawyers will offer guidance and explore potential appeal avenues, representing you at Australia's administrative review tribunal or the Federal Court as necessary.

Venezuelan immigration changes

The significant migration of over 6.1 million Venezuelans, driven by political turmoil and socio-economic instability, has led to Latin America's largest displacement crisis. Amid perilous journeys across South America, many face risks from smugglers and traffickers, often travelling without documents. Despite these challenges, Australia provides avenues to protection, offering Venezuelans access to healthcare, education, and employment opportunities.

Guidance from Australian Migration Lawyers

The bureaucratic process for humanitarian applicants from Venezuela can be complex to navigate. However, seeking assistance from experienced Australian Migration Lawyers significantly streamlines the process, providing personalized guidance and ensuring adherence to immigration laws. Thoroughly understanding visa requirements, accurately compiling necessary documentation, and promptly attending interviews are vital steps. It's essential to respond promptly to any requests for additional information from immigration authorities. Keeping abreast of policy changes and seeking assistance from reputable organizations are also crucial. By following these recommendations and seeking legal support, applicants can navigate the administrative process with confidence and efficiency.

Australian Migration Lawyers team

Related articles

Powered by EngineRoom