The Department of Home Affairs has published information for Iranian nationals in Australia who need to extend their stay because of the conflict in Iran but cannot meet the criteria for a new visa. Affected people may be considered for an offer of temporary humanitarian stay, given effect through the grant of a Humanitarian Stay (Temporary) visa (subclass 449) where all criteria, including health, character and security requirements, are met.
The visa is by invitation only and cannot be applied for.
An offer will generally only be considered where all of the following apply:
- the person is in Australia
- the person is an Iranian national or the immediate family of an Iranian national
- the person cannot return to their usual place of residence and has no right to reside in another country
- the person’s visa has ceased, or their current visa will cease within the next three months
- the person does not have a visa application in progress, including holding a bridging visa in association with an application for merits review
- the person does not have any other visa options available. The department directs affected people to its visa finder service at Explore visa options.
Where any of the above do not apply, an offer will only be considered in exceptional circumstances and where there are no other options to remain lawfully in Australia or depart as intended. The applicant must still meet all legal requirements for the grant of the visa, including health, character and security requirements.
What this means in 2026
The Humanitarian Stay (Temporary) visa (subclass 449) is a short term option, offered at the Department’s discretion, for Iranians in Australia who have no other way to stay lawfully. It is not a permanent pathway, and you cannot apply for it directly. You can only register interest and wait to see whether an offer is made.
Who this affects now
- Iranian nationals in Australia, and their immediate family, whose visa has ceased or will cease within the next three months.
- People who have no visa application in progress and no other visa they can apply for.
- Visitors whose visa has a No Further Stay condition and who cannot return to Iran.
Options to check before relying on a 449 offer
| Option | When it may help |
|---|---|
| Another temporary visa | If you meet its criteria and your current visa allows an onshore application. If your visa has a No Further Stay condition (such as 8503), a waiver request may be possible in limited cases. |
| Partner or family visa | If your partner or close family member is an Australian citizen or permanent resident. See partner visas. |
| Protection visa (subclass 866) | If you fear serious harm if you return. It is a permanent visa with strict criteria. See our 866 visa guide. |
| Registering interest in temporary humanitarian stay | If none of the above is open to you, using the Department form linked above. |
Next steps
- Check your visa expiry date and conditions in VEVO today.
- Do not let your visa expire without a plan. Becoming unlawful can affect future visa applications.
- Get advice on your other visa options first, as an offer of temporary humanitarian stay is not guaranteed.
- If no other option is available, complete the Department’s request form and keep a copy.
- Speak with our Farsi speaking migration lawyers or book a consultation.
Interest in being considered for the visa can be registered by completing the Requesting consideration of temporary humanitarian stay in Australia form. The department notes that registering interest does not amount to a visa application and does not mean an offer will be made.
Further details are available on the Department’s Iran – Middle East conflict visa information webpage.
Need Assistance?
Australian immigration can be complex, especially when determining the correct stream and eligibility.
If you are planning to apply, speak with a registered migration or legal professional at VisaEnvoy:
Related:
- Proposed Arrival Control Determination Powers (for Iranian nationals)
- Immigration News Australia
- Upcoming immigration changes 2026
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