Protection Visa Reddit Questions Answered
Introduction
Applying for a Protection Visa (Subclass 866) in Australia can be a complex and challenging process. This visa is designed for individuals who face persecution in their home country and seek asylum in Australia. Understanding the eligibility criteria, protection visa success rate, application process, waiting time for a protection visa interview and benefits of this visa is crucial for a successful application. To assist you, we have compiled this comprehensive FAQ guide covering the most common questions related to the Protection Visa (Subclass 866). Whether you are considering applying, awaiting a decision, or exploring your rights as a visa holder, this guide will provide essential insights to help you navigate the process effectively.
1. What is a Protection Visa (Subclass 866)?
A Protection Visa (Subclass 866) is a permanent visa for people in Australia who seek protection as refugees or meet the Complementary Protection criteria under Australian law.
2. Who is eligible for a Protection Visa (Subclass 866)?
To be eligible, you must:
- Be in Australia when applying and at the time of decision
- Be a refugee as per the Refugee Convention or qualify under Complementary Protection
- Meet health, character, and security requirements
- Not have held a Protection Visa previously (except in specific circumstances)
3. What is the difference between a refugee and someone eligible for Complementary Protection?
- A refugee is someone facing persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
- Complementary Protection applies if you face serious harm, such as torture or cruel treatment, but do not qualify as a refugee.
4. How do I apply for a Protection Visa (Subclass 866)?
You must submit a detailed application through ImmiAccount on the Department of Home Affairs website and provide supporting documents, such as identity papers and evidence of your protection claims.
5. Can a protection visa apply for PR?
Yes, the Protection Visa (Subclass 866) grants permanent residency (PR) in Australia. As a permanent visa, it allows you to live, work, and study in Australia indefinitely with access to government benefits and services.
6. What is the success rate of protection visa in Australia?
The protection visa success rate applications varies based on individual circumstances, evidence provided, and country of origin.
As of recent statistics, the protection visa success rate generally ranges between 20% to 50%, but this can fluctuate depending on policy changes and case specifics.
Factors such as the quality of your application, your reasons for seeking protection, and the supporting documentation you provide play a significant role in determining the protection visa success rate.
It’s essential to ensure your application is complete and thoroughly demonstrates your need for protection under Australian law.
7. Can I leave Australia on a protection visa?
Yes, you can travel outside Australia on a Protection Visa (Subclass 866), but you must obtain a Return Resident Visa (RRV) to re-enter.
However, traveling to your home country may put your visa status at risk and could lead to cancellation if it contradicts your protection claims.
8. Can I apply for another visa while on a Protection Visa?
As a Protection Visa (Subclass 866) holder, you cannot apply for most temporary visas (such as visitor visas) in Australia. However, you may be eligible for a Partner Visa or Citizenship if you meet the requirements.
9. Can Visa 866 apply for citizenship?
Yes, Protection Visa (Subclass 866) holders can apply for Australian citizenship after meeting the general residency requirements, which typically include living in Australia for four years with at least one year as a permanent resident.
10. How long is protection visa?
The Protection Visa (Subclass 866) is a permanent visa, meaning it does not have an expiration date. However, you must maintain compliance with Australian laws and visa conditions.
11. Can visa 866 apply for Medicare card?
Yes, Protection Visa (Subclass 866) holders are eligible for Medicare, Australia’s public health system. You can apply for a Medicare card as soon as your visa is granted.
12. Can a protection visa be cancelled?
Yes, a Protection Visa can be cancelled if the Department of Home Affairs determines that:
- You provided false information in your application.
- Your circumstances have changed, and you no longer need protection.
- You returned to your home country, contradicting your claims.
13. What happens after a protection visa interview?
After the interview, the Department of Home Affairs will assess your case and review the supporting evidence. If additional information is required, they may request further documentation before making a decision.
14. What happens if a protection visa is refused?
If your Protection Visa (Subclass 866) is refused, you may:
- Appeal the decision to the Administrative Review Tribunal (ART).
- Seek judicial review if you believe there was a legal error.
- Apply for ministerial intervention in exceptional cases.
For more information about what you can do if your onshore protection visa is refused read our article below –
What to Do if Your Protection Visa is Refused? Step by Step Guide
15. Can I withdraw my protection visa application?
Yes, you can withdraw your Protection Visa application at any stage before a decision is made. However, withdrawing may affect your ability to apply for other visas in the future.
16. Can I travel to my home country on a Protection Visa?
Traveling to your home country on a Protection Visa could risk cancellation, as it contradicts your claim of needing protection. You must provide valid reasons if you need to travel.
17. What is the 3-year ban in Australia?
The 3-year ban applies to certain visa applicants who have had a visa refused or cancelled. It prevents them from applying for most temporary visas to Australia within three years unless an exemption applies.
18. How long does it take to process a protection visa?
The processing time for a Protection Visa (Subclass 866) varies. It can take several months to several years, depending on case complexity, interview requirements, and background checks.
19. Which visa can apply after protection visa?
Once you hold a Protection Visa (Subclass 866), you may apply for:
- Australian Citizenship (after meeting residency requirements)
- Partner Visa (if applicable)
- Sponsorship visas for eligible family members
20. What is the difference between Temporary Protection Visa and Permanent Visa?
A Temporary Protection Visa (TPV) is a short-term visa that does not offer permanent residency or citizenship pathways.
The Protection Visa (Subclass 866) is a permanent visa, allowing full residency rights.
21. If I apply for Subclass 866, will it restrict me from applying for other visas?
Yes, if you apply for a Protection Visa (Subclass 866), it may limit your ability to apply for other visas while awaiting a decision.
However, once granted, you can pursue citizenship and family sponsorship options. Alternatively, if you are eligible for permanent visa such as skilled permanent visa or partner visa – you may apply for such visas.
22. How can I increase my chances of success in a Protection Visa application?
To improve protection visa success rate, it is crucial to provide strong and credible evidence to support your claims. This includes:
- Detailed statements about the persecution or harm you face in your home country.
- Any reports or documents that confirm your claims, such as police reports, medical records, or evidence of violence or discrimination.
- Submitting your application in a timely manner and ensuring all required documents are included.
Consulting a legal expert such as Emigrate Lawyer can also be helpful in strengthening your case, particularly for complex cases.
The waiting time for a Protection Visa interview can vary significantly based on several factors, including the complexity of your case and the current workload of the Department of Home Affairs. On average, applicants can expect to wait anywhere from a few months to over a year before being called for an interview. However, the waiting time can also be affected by the location of your application and any delays in processing due to high application volumes.
