Afghan Locally Engaged Employee Program

The application period has now closed.

The application period for the Afghan Locally Engaged Employee Program has now closed.

The Australian Government, including the AFP, is no longer accepting applications under the Afghan LEE program.  The application period ended at 11.59 pm AEDT 30 November 2023.

The Afghan LEE program is for Afghan nationals who were employed with the Australian Government in Afghanistan and are at risk of harm as a result of their work. 

Agencies continue to process applications received before 11.59 pm AEDT 30 November 2023.  Relevant agencies will contact you about your application in due course.

Humanitarian and other visa options for Afghan people continue to remain open. You don't need to be certified as an Afghan LEE to pursue Australia's humanitarian and other visa pathways.  Additional information is included below.

Overview

Since 2013, the Australian Government has offered resettlement to Australia for certified Afghan locally engaged employees (LEE) and their direct family members who are at risk of harm as a result of their work in support of Australia’s operations in Afghanistan.

Afghan Nationals who were employed with the Australian Federal Police, the Department of Foreign Affairs and Trade (DFAT), the Australian Defence Force (ADF) or AusAID may be eligible for LEE certification.

    Guidelines and frequently asked questions

    Guidelines for existing applicants and Frequently Asked Questions about the program are available below.

     

    Before applying to the Australian Federal Police (AFP), applicants should read these guidelines and FAQs to determine whether they meet the certification criteria outlined in legislative instrument IMMI12/127 to the Migration Regulations 1994.

    To apply to the AFP, you must:

    • not be a national or citizen of another country other than Afghanistan
    • demonstrate that you were ‘employed with’ the AFP in Afghanistan
      • please note: you must demonstrate that you were ‘employed with’ the AFP, not that you were a beneficiary of an Australian-funded training program or scholarship
    • demonstrate that you are at risk of harm as a result of that employment
    • demonstrate that exceptional circumstances exist if you are applying more than 6 months after ceasing that employment.

    Applications closed on 30 November 2023. The AFP won't assess any applications submitted after this date.

    Applying to the AFP for certification under the Afghan LEE Program doesn't guarantee you will be certified. It also doesn't guarantee you will be granted a visa to migrate to Australia.

    If you're certified under the Afghan LEE Program you will still need to apply for a humanitarian visa to be able to migrate to Australia. Information about humanitarian visas, including how to apply, is available on the Australian Department of Home Affairs (Home Affairs) website.

    An applicant must not be a national or citizen of another country other than Afghanistan

    This includes dual citizens of Afghanistan.

    An applicant must demonstrate they were ‘employed with’ the AFP

    An applicant was ‘employed with’ the AFP if:

    • they were in a direct employment relationship with the AFP
    • while directly employed by another party, they provided services for or on behalf of the AFP, or
    • appeared to be working with or representing the AFP.

    AFP assesses each application on a case-by-case basis, based on all of the applicant’s circumstances.

    If an applicant was not in a direct employment relationship with AFP, relevant factors for assessing whether they ‘provided services for or on behalf of AFP, or appeared to be working with or representing AFP include:

    • Level of direct support provided to Australia, for example;
      • applicant performed work directly related to the delivery of a project largely funded by Australia
      • applicant provided services directly to the AFP or to a project largely funded by Australia.  
    • Public profile of employment, for example:
      • applicant’s role had a public profile and could reasonably be considered to be representing the AFP
      • applicant had a public facing role or regularly engaged with the public in the implementation of an Australian development program
      • applicant appeared regularly with Australian officials whilst undertaking their duties.
    • Duration of services provided, for example:
      • applicant provided services for a long-term and ongoing period
      • applicant provided services at irregular intervals over a long-term period as required by the AFP. 
      • Extent of control that the AFP exercised over the project or applicant’s work, for example:
        • substantial direction by the AFP in the project design and delivery
        • direct supervision by an Australian government official
        • applicant was provided with documents or items that identified them as part of the AFP (such as IDs or uniforms). 
    • Work location, for example:
      • applicant worked at the Australian Embassy, or another location controlled by Australia. 

    The AFP will generally not assess that the applicant was ‘employed with’ AFP unless they provided a level of direct support to Australia and met at least one of the other relevant factors.

    An applicant must demonstrate they are currently at risk of harm as a result of their employment with the AFP

    The AFP assesses each application on a case-by-case basis, based on all of the applicant’s circumstances. Relevant factors include their:

    • role
    • location
    • employment period 
    • currency of employment.

    An applicant must apply within six months of ceasing employment with the AFP or demonstrate that exceptional circumstances exist for an application more than six months after ceasing employment with the AFP

    What constitutes exceptional circumstances may change from time-to-time.

    Exceptional circumstances may include, but is not limited to:

    • a change in the group that controls Afghanistan
    • where an individual has been prevented from accessing telecommunications for the purpose of submitting an application, and/or
    • a change in eligibility criteria for certification.

    The AFP assesses each application on a case-by-case basis, based on all the applicant’s relevant circumstances.

    Security Guards and Afghan Government or Military Officials

    Previously under legislative instrument IMMI12/127 to the Migration Regulations, persons who are or were engaged in a private security capacity, including security guards, or who are or were an Afghan government or military official, are ineligible for certification.

    The Australian Government has amended legislative instrument IMMI12/127 to make these persons eligible for certification, if they meet the certification criteria explained above. 

    Certification and Visas

    Is being certified under the Afghan LEE Program the same as getting a humanitarian visa?

    No.

    Applying to AFP for certification under the Afghan LEE Program is different to applying for a humanitarian visa.  If you want to apply for a humanitarian visa, you must do so separately through the Department of Home Affairs (Home Affairs).  If you are certified under the Afghan LEE Program you will still need to apply for a humanitarian visa to be able to migrate to Australia. 

    If you are certified under the Afghan LEE Program and you separately apply for a humanitarian visa, Home Affairs will prioritise the processing of your humanitarian visa application.  

    Do I have to be certified under the Afghan LEE Program to get a humanitarian visa? 

    No.

    If you are not certified under the Afghan LEE Program, you may still apply for a humanitarian visa at any time through Home Affairs. Further information on how to apply for a humanitarian visa is available on Home Affairs’ website.

    Not being certified has no adverse impact on your suitability to obtain an Australian visa. 

    If I am certified under the Afghan LEE Program, will the AFP help me with my visa application?

    No.

    The AFP cannot assist you with the visa application process. All visa applications are managed by the Department of Home Affairs.

    I participated in an Australian-funded or facilitated training program or scholarship. Can I be certified on that basis?

    No.

    To apply to the AFP for certification under the Afghan LEE Program, you must demonstrate that you were ‘employed with’ the AFP, not that you were a beneficiary of an Australian-funded or facilitated training program or scholarship.

    Certification Process

    Applications for the Afghan LEE Program closed at 11.59 pm 30 November 2023.

    What kinds of evidence do I need to provide to support my application to the AFP for certification under the Afghan LEE Program?

    You must provide relevant evidence to support your application. This evidence may include:

    • your Afghan identity document
    • your passport
    • your employment contract or a record of pay
    • a letter of reference from your employer, including the name of your supervisor
    • certificates of appreciation
    • relevant photos or copies of your Australian Embassy security pass
    • any other evidence of your employment and its links to Australia
    • any evidence that demonstrates the risk of harm you face as a result of that employment. 

    You should provide the AFP with as much information and relevant supporting documents as you can to demonstrate that you meet the certification criteria.

    How will the AFP assess my application?

    The AFP will assess whether you meet the certification criteria. The AFP may seek to verify the employment information that you provide, including by contacting your employer. The AFP will handle your personal information in accordance with its AFP’s Privacy Policy and 

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    After assessing your application, the AFP will recommend to the Attorney-General whether or not you are eligible for certification under the Afghan LEE Program. The Attorney-General will then make a decision on your application.

    How long will the certification process take? 

    Applications are assessed on a case-by-case basis.

    Processing times will vary depending on whether your application is completed, how complex your application is, and how quickly you or others can provide information that the AFP requests to support your application.

    What happens to the information I provide the AFP?

    The AFP will use the information that you provide to assess whether you meet the certification criteria. The AFP may seek to verify the employment information that you provide, including by contacting your employer. 

    The AFP will handle your personal information in accordance with its AFP’s Privacy Policy and

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    I worked with the Australian Defence Force, Department of Foreign Affairs and Trade or the Australian Agency for International Development. What should I do?

    The AFP only assed applications from applicants who worked with the AFP in Afghanistan.

    If you were employed with the Department of Foreign Affairs and Trade or the Australian Agency for International Development, you should contact the Department of Foreign Affairs and Trade

    If you were employed with the Australian Defence Force, you should contact the Department of Defence.

    Humanitarian visas for certified Afghan LEE

    Individuals certified under the Afghan LEE Program must separately apply to the Department of Home Affairs for a humanitarian visa.

    Home Affairs will prioritise the processing of humanitarian visa applications from individuals certified under the Afghan LEE Program.

    Processing times for a humanitarian visa application can vary according to program capacity and the applicant’s individual circumstances. This includes whether an applicant is inside or outside Afghanistan, and their ability to travel, provide documents or access Australian government officials. 

    All visa applicants in the humanitarian program must meet the visa criteria and satisfy public interest criteria for character, security and health. These checks can take time. Certification as an Afghan LEE is not a guarantee that an individual will receive a humanitarian visa.

    Applications for LEE certification close on 30 November 2023. However, processing of humanitarian visas for individuals certified under the Afghan LEE Program will continue for as long as required.

    Applying 

    Not being certified under the Afghan LEE Program has no adverse impact on an individual’s suitability to obtain an Australian visa. 

    Individuals who are not certified under the Afghan LEE Program may still apply for a humanitarian visa. Home Affairs will process their visa application in accordance with Australian Government priorities.

    Individuals seeking certification under the Afghan LEE Program can start an application for a humanitarian visa before, at the same time, or after they have applied for Afghan LEE certification.

    Further information can be found at Department of Home Affairs Refugee and Humanitarian Program and Department of Home Affairs Afghanistan Update.

    Independent review into the Afghan Locally Engaged Employee Program

    In 2021, the Senate Inquiry on Australia’s Engagement in Afghanistan recommended a full and thorough whole-of-government review of the Afghan LEE Program. On 10 November 2022, the Government appointed Dr Vivienne Thom AM to lead the review. Dr Thom provided her report to the Government on 20 March 2023.

    Dr Thom made 7 recommendations to improve the design and delivery of the Afghan LEE Program, a number of which the Government had already begun undertaking. The Government has already begun implementing a number of these recommendations. The report also included an 8 recommendation to improve the design of any future, similar LEE programs.

    The Government has agreed to all 8 recommendations.

    Read more

    Joint media release on the independent review into the Afghan Locally Engaged Employee Program

    Joint media release on the appointment of Dr Vivienne Thom AM

    Senate enquiry into Australia’s engagement in Afghanistan