Given the ongoing military conflict taking place in Ukraine, many Ukrainians do not immigrate to Australia from Ukraine following the standard immigration pathways. Instead, most of them will arrive here under various types of humanitarian visas.
In 2022, Ukrainians could migrate to Australia under the Temporary Humanitarian Stay visa, but the document was discontinued in 2023. Thus, those seeking to relocate now to Australia or to obtain extensions on their stay in Australia need to explore other options. Our Australia migration lawyer can offer the necessary legal support to Ukrainians relocating here as refugees.
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Travel documents necessary for immigration in Australia
Ukrainian nationals who plan to relocate to Australia from Ukraine are required to have an international travel document (the passport) or an identity document (certificate of identity). Although, in the majority of cases, the Australian migration authorities issue visas based on the existence of a valid passport, exemptions from this rule can be granted for specific applicants, such as those arriving from war zones.
However, they need to provide sufficient evidence attesting their identity, which must be checked by the Australian services. Thus, one can immigrate to Australia from Ukraine with a valid passport, a passport that has been extended by the Ukrainian embassy/consulate or by the Ukrainian State Migration Service.
The document must contain a special inscription mentioning the new extended validity of the document. Those who migrate to Australia with minors under the age of 16 years old are not required to provide passports for their children, as long as they are mentioned in the parent’s/legal guardian’s passport. The special annotations must be done by the same 2 institutions mentioned above.
The law on immigration to Australia also provides the possibility of arriving here with a valid identity card, certified by the Ukrainian embassy/consulate or by the Ukrainian embassies or consulates working in the neighboring countries.
Which visa is available for humanitarian purposes in Australia?
One of the visas that allows Ukrainians to move to Australia from Ukraine is the Protection visa (Subclass 866). However, this document grants the right to permanent residency in Australia and provides a wide range of benefits, including the access to public medical services. This means that the foreigner can’t directly apply for this document.
Another aspect to be aware of is that the visa application must be completed from Australia, not Ukraine. Therefore, it is recommended to arrive here with other visas, including tourist visas or the family stream visas, provided that you already have a Ukrainian relative living here. Our immigration lawyer in Australia can advise on the most suitable pathway.
Some of the conditions applicable for the Protection visa are presented below:
- it has a low processing fee, of AUD 45;
- visa holders must respect the Travel condition 8559 – which refers to an interdiction of travelling without permission to the country for which the protection was issued (Ukraine in this situation);
- respect the definition of a refugee as per the rules of the Migration Act 1958;
- one can’t relocate to Australia from Ukraine under this visa if the person has been issued before with the Subclass 785, Subclass 449, Subclass 786 or Subclass 790.
Please know that the Subclass 866 can open the possibility of applying for Australian citizenship as, once granted, the person becomes automatically an Australian permanent resident.
Since the beginning of the war, more than 11,000 Ukrainians have arrived in this country, according to the Department of Home Affairs, some of which (more than 3,000 persons) received a visa valid for a period of 3 years.
If you want to know more on the options you have in the case you want to move to Australia from Ukraine, do not hesitate to address our lawyers, who are specialized in immigration for humanitarian purposes. Please contact us for tailored legal assistance.
