Woman at Risk Visa (Subclass 204): Eligibility, Process, and Benefits
What is a Woman at Risk Visa (Subclass 204)?
The Woman at Risk Visa (Subclass 204) is a permanent Australian visa designed to protect women who are outside Australia and have faced harassment, persecution, abuse, or victimisation based on gender. This visa is specifically designed for women who do not have the protection of a partner or male relative, offering them an opportunity to live safely in Australia indefinitely.
What are the Eligibility Criteria for a Woman at Risk Visa (Subclass 204)?
To qualify for the Subclass 204 visa, applicants must meet the following criteria:
Geographical Requirement: Must be residing outside Australia at the time of application.
Lack of Protection: Must not be living with a male person over 18 years of age.
Persecution Evidence: Must have experienced harassment, abuse, or persecution.
Family Sponsorship: Most visas are granted to those referred by the UNHCR or proposed by a close family member in Australia.
General Requirements
Applicants of Subclass 204 must also fulfil specific requirements, including:
Health and Character Standards: Meeting Australia's health requirements and character requirements.
No Outstanding Debts: No outstanding amounts owed to the Australian government.
Compliance with Laws: Signing documents agreeing to respect Australian laws.
Special Provisions for Woman At Risk (SC 204) Visa?
Split Family Clause: Immediate family members residing in Australia can nominate the applicant under this clause if they have held permanent residency for at least five years.
Child Migration: If the application includes a child under 18, the child’s other parent or guardian must agree to their migration, or the laws of the child's home country must permit it.
No Age Limit: There is no age specification for applicants.
What are the benefits of the Woman at Risk Visa (Subclass 204)?
Visa Duration and Work Rights for Subclass 204 Holders
The visa allows for permanent residency (PR) in Australia.
Holders can work for any recognised organisation and pursue academic courses.
Healthcare and Social Security for Subclass 204 Holders
Access to various health care services, including eligibility for Medicare.
Ability to enrol in free English language classes.
Eligibility for social security payments.
What will the Application Process be like?
To ensure a successful application for the Subclass 204 visa, applicants must prepare the following:
Health Assessments: Documentation proving compliance with health requirements.
Character References: Police clearance certificates from countries where the applicant has lived for over a year since turning 16.
Proof of Persecution: Evidence supporting claims of harassment or abuse.
Compliance: Applicants must sign documents affirming their commitment to respect Australian law and order. This compliance is critical for the visa's approval.
Be aware - Family Sponsorship Restrictions
Women granted a Woman at Risk visa may not be eligible to propose or sponsor a spouse or de-facto partner under the humanitarian program (subclass 202 or 204) or the family program (subclass 820 or 309) for five years. This limitation is essential for applicants to understand when planning their future in Australia.
How Can Agape Henry Crux Help
The Woman at Risk Visa (Subclass 204) offers safety for women facing gender-based persecution in Australia. Speak with one of our lawyers At Agape Henry Crux to check if you are eligible to apply for a Subclass 204 visa. Our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and registered migration agents are specialised in handling highly complex matters. You can book a consultation session to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.