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FACT SHEET #7: VISA OPTIONS FOR TRAFFICKED PEOPLE

Special visas are available under the Human Trafficking Visa Framework that allow victims of human trafficking, slavery, forced labour and forced marriage to stay in Australia.

Not all trafficked people need a special trafficking visa. Some people continue to maintain their original visa and continue to work or study in Australia in accordance with their original visa conditions. Others may be Australian citizens or permanent residents.

There are 3 stages in the Human Trafficking Visa Framework:

  1. If the Australian Federal Police (AFP) suspects that a person may have been trafficked, that person may be granted an initial Bridging visa F, without working rights. This visa usually lasts for up to 45 days.
  2. If a person is assisting with a trafficking investigation or prosecution, they may be granted an extended BVF, with work rights, that will last for the duration of the criminal justice process.
  3. If a person has helped in an investigation or prosecution, and would be in danger if they returned home, they may be eligible for a Referred Stay (permanent) visa. This enables them to stay and work in Australia.
Trafficked people may be able to apply for other kinds of visas depending on their individual circumstances. This includes claiming refugee status. Additionally, if they fall short of refugee status they may have protections under Australia's 'complementary protection' obligations.

It is important to get the right help for any legal or migration issues. Anti-Slavery Australia can provide immigration advice to trafficked people from qualified migration agents and lawyers. You can contact us on (02) 9514 9662.


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