A Frequently Asked Questions (FAQ section) provides clear, concise answers to common questions, addressing concerns and offering quick solutions to enhance user experience and resolve frequent inquiries.
PROTECTION VISA GENERAL FAQs
What is a Protection Visa?
A Protection Visa (subclass 866) allows individuals who are refugees or in need of protection to stay in Australia. It provides permanent residency for those at risk of harm or persecution in their home country.
Who is eligible for a Protection Visa in Australia?
People outside their home country often fear persecution. This fear can come from factors like race, religion, nationality, political views, or belonging to a specific social group.
How do I apply for a Protection Visa?
You can apply online through the Australian Department of Home Affairs website or by paper application. You’ll need to submit evidence of your claim, identity documents, and a completed application form.
What documents do I need to submit for a Protection Visa application?
Common documents include your passport (if available), identity documents, evidence of your persecution claim, and any supporting documents such as police reports or medical certificates.
Can I work while on a Protection Visa?
Yes, once granted a Protection Visa, you are allowed to work in Australia.
What are the benefits of a Protection Visa in Australia?
Protection Visa holders can live, work, and study in Australia permanently. They are also eligible for social security benefits and can apply for Australian citizenship after a certain period.
Can I bring my family members to Australia on a Protection Visa?
Yes, you may be able to include family members in your Protection Visa application if they are your spouse, children, or other dependent relatives.
How do I know if I meet the eligibility requirements for a Protection Visa?
You need to prove that you face harm or persecution in your home country. This can be due to race, religion, nationality, or political beliefs. You also have to meet certain criteria set by the Department of Home Affairs.
Can I apply for a Protection Visa if I am already in Australia on another visa?
Yes, you can apply for a Protection Visa while on another visa, but you must meet the eligibility criteria for protection.
How can I prove that I am at risk of harm if I return to my home country?
You need to provide proof like police reports, news articles, or statements from people or groups that show the risks you face.
How do I show the Australian government that I need protection?
You must provide evidence that you will face harm or persecution if returned to your home country. This evidence can include affidavits, testimonies, and official documents. As the process can be complex, the best option is to contact an experienced immigration lawyer for guidance.
What is a Protection Visa in Australia?
A Protection Visa (subclass 866) is a permanent visa that allows individuals in Australia who fear persecution or harm in their home country to stay lawfully. It is designed for people who meet the criteria under the Refugee Convention or complementary protection provisions.
Can you get permanent residency (PR) on a Protection Visa?
Yes. The subclass 866 Protection Visa grants permanent residency in Australia. Holders of this visa can live, work, and study in Australia indefinitely and access social security and healthcare benefits.
How long do Protection Visas last in Australia?
The subclass 866 visa is a permanent visa, which means it does not expire. However, other types such as the Temporary Protection Visa (subclass 785) or Safe Haven Enterprise Visa (subclass 790) have limited durations (generally 3 to 5 years).
Can you go back to your country after getting a Protection Visa?
Generally, no. Returning to the country you claimed protection from may lead to the cancellation of your Protection Visa. It could also impact future Australian citizenship eligibility, as it raises concerns about the genuineness of your protection claim.
What is the success rate of Protection Visas in Australia?
Success rates vary by country of origin and individual circumstances. In recent years, countries like Afghanistan, Myanmar, and Iran have had higher grant rates, while others have been lower. A well-prepared application significantly improves your chances. Emigrate Lawyers is renowned for its success with Australia Protection Visa (Subclass 866)
Can you work in Australia on a Protection Visa?
Yes. Protection Visa holders have full work rights and can work for any employer in Australia without restrictions.
How much does a Protection Visa cost?
The lodgement fee for a subclass 866 Protection Visa is currently $45 AUD. This makes it one of the lowest-cost visas, reflecting the humanitarian nature of the application. However, cheap lodgement fee does not mean it is easy visa pathway.
Can you leave Australia on a Protection Visa?
Yes, but with caution. You may travel overseas with an Australian travel document, but you must not return to the country you sought protection from. Doing so can result in visa cancellation.
What are the benefits of a Protection Visa in Australia?
✅ Permanent residency (subclass 866)
✅ Access to Medicare
✅ Full work and study rights
✅ Access to Centrelink support
✅ Pathway to citizenship
✅ Family reunion options in some cases
✅ Access to Medicare
✅ Full work and study rights
✅ Access to Centrelink support
✅ Pathway to citizenship
✅ Family reunion options in some cases
What happens if a Protection Visa is refused?
If refused, you may have the right to appeal to the Administrative ReviewTribunal (ART). Strict time limits apply. If your appeal is unsuccessful, you may be required to leave Australia or seek Ministerial Intervention.
Can I apply for Australian citizenship on a Protection Visa?
Yes. If you hold a permanent Protection Visa (subclass 866), you can apply for Australian citizenship after meeting the residency and character requirements.
Is a Bridging Visa the same as a Protection Visa?
No. A Bridging Visa is a temporary visa that allows you to remain in Australia lawfully while your application is processed. A Protection Visa is a separate, permanent or temporary visa granted to asylum seekers.
Can I get Centrelink on a Protection Visa?
Yes. Holders of the subclass 866 Protection Visa are eligible for Centrelink payments, including Newstart Allowance, Rent Assistance, and other welfare benefits if they meet the eligibility criteria.
Can I get Medicare on a Protection Visa?
Yes. Protection Visa holders are entitled to Medicare, Australia’s public health care system, giving access to free or subsidised medical services.
Can I withdraw my Protection Visa application?
Yes, you can withdraw your application at any time before a decision is made. However, it may affect your lawful status in Australia and future visa eligibility. It’s best to consult a migration agent before withdrawing.
Can you travel with a Protection Visa?
Yes. You can apply for a travel document from the Australian government. However, do not return to your home country, as this could be viewed as an abandonment of your protection claim.
Can a Protection Visa be cancelled?
Yes. Your Protection Visa can be cancelled if you:
🔷 Commit serious crimes
🔷 Return to your home country
🔷 Provide false information
🔷 No longer meet protection obligations
🔷 Commit serious crimes
🔷 Return to your home country
🔷 Provide false information
🔷 No longer meet protection obligations
How many types of Protection Visas are there in Australia?
Australia has three main protection-related visas:
🔷 Subclass 866 – Permanent Protection Visa
🔷 Subclass 785 – Temporary Protection Visa (TPV)
🔷 Subclass 790 – Safe Haven Enterprise Visa (SHEV)
🔷 Subclass 866 – Permanent Protection Visa
🔷 Subclass 785 – Temporary Protection Visa (TPV)
🔷 Subclass 790 – Safe Haven Enterprise Visa (SHEV)
Can I apply for a Protection Visa by myself?
Yes, you can lodge your own Protection Visa application online via ImmiAccount. However, it is strongly recommended to seek help from a Registered Migration Agent or lawyer to improve your success rate. Emigrate Lawyers have a very high success rate with Protection Visa applications.
What is the LGBT visa in Australia?
There is no specific "LGBT visa," but LGBT individuals facing persecution in their home country can apply for a Protection Visa (subclass 866) if they fear harm due to their sexual orientation, gender identity, or intersex status.
What benefits do asylum seekers get in Australia?
While their visa is being processed, asylum seekers may be eligible for:
✅ Bridging Visa E or A
✅ Medicare access (in some cases)
✅ Work rights (depending on visa conditions)
✅ Assistance through the Status Resolution Support Services (SRSS)
Benefits increase significantly once a Protection Visa is granted.
✅ Bridging Visa E or A
✅ Medicare access (in some cases)
✅ Work rights (depending on visa conditions)
✅ Assistance through the Status Resolution Support Services (SRSS)
Benefits increase significantly once a Protection Visa is granted.
PROTECTION VISA (SUBCLAS 866)
BEFORE APPLYING 866 VISA
What is the Protection Visa (subclass 866)
The Protection Visa (subclass 866) is for people outside their home country. They cannot return because they fear persecution. This fear may be due to their race, religion, nationality, political opinion, or membership in a specific social group. It grants permanent residency in Australia.
Who is eligible to apply for a Protection Visa (subclass 866)?
People in Australia are seeking protection because they fear persecution if they go back to their home country. You must meet the criteria outlined by the Department of Home Affairs.
What are the criteria for a successful Protection Visa application?
You need to prove that you will face real harm if you go back to your home country. This harm can be persecution. It can happen because of race, religion, nationality, political opinion, or belonging to a specific social group. You must also meet other legal and procedural requirements.
What is the difference between a Protection Visa (subclass 866) and a Refugee Visa?
The Protection Visa (subclass 866) is specifically for individuals in Australia seeking protection, while the Refugee Visa is an international classification. The term "Refugee Visa" is often used to describe a broader range of humanitarian visas.
What documents do I need to submit for a Protection Visa (subclass 866)?
You usually need to provide identity documents, like a passport. You also need proof of persecution, such as reports or medical records. Personal statements and other supporting documents that help your case are also required.
Do I need legal assistance to apply for a Protection Visa (subclass 866)?
Yes, having a lawyer is important. They help make sure your application is complete. They also present your case well. This can increase your chances of success. An experienced immigration lawyer can navigate the complexities and provide the best chance for a positive outcome.
What happens if I submit incomplete or incorrect documents for my Protection Visa application?
Submitting incomplete or incorrect documents can delay your application or result in a refusal. Ensure all required documents are submitted accurately to avoid complications.
What is the interview process like for a Protection Visa (subclass 866) application?
The interview includes questions about your personal history. It also asks why you need protection. You will need to share details about the harm or persecution you face in your home country. It is important to provide truthful, detailed, and consistent information.
Can I apply for a Protection Visa (subclass 866) if I have a criminal record?
Having a criminal record does not automatically stop you from applying for a Protection Visa. However, it may affect the result. If you have a criminal history, it is essential to disclose it and seek legal advice.
AFTER APPLYING 866 VISA
What happens after I submit my Protection Visa (subclass 866) application?
After submission, your application will be assessed by the Department of Home Affairs. You may be asked to attend an interview or provide additional information.
How long does it take to receive a decision after applying for a Protection Visa (subclass 866)?
The decision time can vary. It usually takes several months to over a year. This depends on how complex your case is and how quickly you provide any requested information.
What happens if I am detained while my Protection Visa (subclass 866) application is processed?
If you are detained, you may be released on a Bridging Visa or kept in detention while your application is processed. Your legal rights should be explained to you, and you can seek legal advice.
Can I work or study while waiting for my Protection Visa (subclass 866) decision?
Once your application is submitted, you may be granted a Bridging Visa, which could allow you to work and study. You will need to check the conditions of your Bridging Visa.
Can I leave Australia once my Protection Visa (subclass 866) application has been submitted
It is not recommended to leave Australia while your application is being processed, as leaving may affect your application. Consult legal advice before making travel plans.
How can I check the status of my Protection Visa (subclass 866) application?
You can check the status of your application through the Department of Home Affairs website or by contacting them directly. It’s also important to keep your contact details updated.
What happens if I receive a Bridging Visa while my Protection Visa (subclass 866) is under review?
If you get a Bridging Visa while your application is being reviewed, you can stay in Australia legally. This is true while your Protection Visa case is being processed.
Can I apply for a Resident Return Visa once I have been granted a Protection Visa (subclass 866)?
Yes, after you get a Protection Visa, you can apply for a Resident Return Visa. This allows you to travel outside of Australia and come back.
How can I prove my identity after my Protection Visa (subclass 866) application has been submitted?
You may need to provide additional documents or evidence to verify your identity. If you do not have ID documents, the Department of Home Affairs will help you find acceptable proof.
What is the Protection Visa interview process after my application is submitted?
The interview process involves questions about your application, reasons for seeking protection, and any supporting evidence. Be prepared to explain your circumstances clearly and truthfully.
What support is available to me while waiting for a Protection Visa (subclass 866) decision?
You may have access to support services. These include housing, healthcare, and financial help. Your access depends on your visa status and situation.
What should I do if my Protection Visa (subclass 866) application is delayed?
If your application is delayed, you can contact the Department of Home Affairs for an update. It’s important to maintain regular communication to ensure all necessary documents are provided.
Can I apply for citizenship after receiving a Protection Visa (subclass 866)?
Yes, if you get a Protection Visa (subclass 866), you can apply for Australian citizenship. You must meet the residency requirements and other conditions first.
PROTECTION VISA (SUBCLASS 851)
BEFORE APPLYING 851 VISA
What is the Protection Visa (Subclass 851)?
The Protection Visa (Subclass 851) is a permanent visa for individuals who were previously granted a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV) and meet the protection obligations of Australia.
Who is eligible for the Protection Visa (Subclass 851)?
1) You must already have a Temporary Protection Visa (Subclass 785) or a Safe Haven Enterprise Visa (Subclass 790). You also need to meet Australia's protection requirements.
2) You must not be a security risk or have substantial criminal records.
3) You must meet the character and identity requirements.
2) You must not be a security risk or have substantial criminal records.
3) You must meet the character and identity requirements.
Can I apply for a Protection Visa (Subclass 851) if I have never held a Temporary Protection Visa or Safe Haven Enterprise Visa?
No, this visa is only available to those who currently hold or have held a Temporary Protection Visa (Subclass 785) or Safe Haven Enterprise Visa (Subclass 790).
What is the difference between a Temporary Protection Visa (TPV), a Safe Haven Enterprise Visa (SHEV), and a Protection Visa (Subclass 851)?
1) TPV (Subclass 785): Temporary 3-year protection for asylum seekers.
2) SHEV (Subclass 790): Temporary 5-year visa for refugees willing to work or study in regional Australia.
3) Protection Visa (Subclass 851): Permanent visa for former TPV/SHEV holders who meet eligibility criteria.
2) SHEV (Subclass 790): Temporary 5-year visa for refugees willing to work or study in regional Australia.
3) Protection Visa (Subclass 851): Permanent visa for former TPV/SHEV holders who meet eligibility criteria.
How do I apply for the Protection Visa (Subclass 851)?
You must submit your application online through ImmiAccount or via a paper application. Required documents include identity proof, character assessments, and evidence demonstrating your eligibility for protection.
Do I need to prove that I still fear persecution to apply for the Protection Visa (Subclass 851)?
No, you do not need to prove ongoing fear. You have already been assessed for protection on a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV). However, you must still meet character, security, and identity requirements.
Can I include my family members in my Protection Visa (Subclass 851) application?
Yes, eligible family members who hold or have held a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV) may be included in your application.
Do I need to undergo a health check when applying for the Protection Visa (Subclass 851)?
Yes, you may need to undergo a health examination to ensure you meet the Australian health requirements.
Can I apply for a Protection Visa (Subclass 851) if I have a criminal record?
If you have a substantial criminal record or pose a security risk, your application may be refused. Each case is assessed individually.
What are the character requirements for the Protection Visa (Subclass 851)?
You must pass the character test. This includes background checks for any criminal history or behavior that could harm the Australian community.
How long does it take to process a Protection Visa (Subclass 851) application?
Processing times vary, but it may take several months depending on individual circumstances and case complexity.
What documents are required for a Protection Visa (Subclass 851)?
1) Identity documents (passport, visa grant notice, birth certificate).
2) Evidence of Temporary Protection Visa (TPV)/Safe Haven Enterprise Visa (SHEV) grant.
3) Character and security checks.
4) Medical examination results.
2) Evidence of Temporary Protection Visa (TPV)/Safe Haven Enterprise Visa (SHEV) grant.
3) Character and security checks.
4) Medical examination results.
Can I work and study while waiting for my Protection Visa (Subclass 851)?
Yes, you can continue to work and study. This is allowed with your current Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV). You can do this while you wait for a decision.
Will I need to attend an interview for the Protection Visa (Subclass 851)?
In some cases, the Department of Home Affairs may request an interview to verify identity, security, or character concerns.
What happens if my TPV or SHEV expires before my Protection Visa (Subclass 851) is granted?
You will likely be granted a Bridging Visa to remain in Australia legally while your application is processed.
AFTER APPLYING 851 VISA
What benefits do I get with a Protection Visa (Subclass 851)?
1) Permanent residency in Australia.
2) Access to Medicare, Centrelink, and other government services.
3) Permission to work and study.
4) The ability to sponsor family members under certain conditions
Can I travel outside Australia while my Protection Visa (Subclass 851) application is being processed?
No, if you leave Australia before a decision is made, your application may be withdrawn.
Can I sponsor my family members for a visa once I have a Protection Visa (Subclass 851)?
Yes, you may be eligible to sponsor certain family members for permanent residency under the family reunion program.
Can I apply for Australian citizenship after receiving a Protection Visa (Subclass 851)?
Yes, after 4 years of residence in Australia, you can apply for citizenship if you meet the requirements.
Do I need to renew my Protection Visa (Subclass 851)?
No, the Protection Visa (Subclass 851) is permanent and does not require renewal.
Can I buy property in Australia with a Protection Visa (Subclass 851)?
Yes, you can buy property like other permanent residents.
Can I work in government jobs with a Protection Visa (Subclass 851)?
Yes, you are eligible for most government jobs, except those requiring Australian citizenship.
Will I lose my Protection Visa (Subclass 851) if I return to my home country?
Yes, if you go back to the country where you asked for protection, the Australian government might cancel your visa.
Can I change my name after receiving a Protection Visa (Subclass 851)?
Yes, you must notify Home Affairs and update all legal documents.
PROTECTION VISA (LGBTI)
BEFORE APPLYING PROTECTION VISA FOR LGBT
Can I apply for a Protection Visa (Subclass 866) if I am facing persecution due to my sexual orientation or gender identity?
Yes. If you face serious harm (such as violence, imprisonment, or discrimination) because of your sexual orientation, gender identity, or intersex status, you may qualify for a Protection Visa.
What kind of persecution qualifies for an LGBTI Protection Visa application?
Persecution can include:
1) Laws criminalizing homosexuality or gender identity.
2) Violence, threats, or harassment from the government, family, or society.
3) Forced conversion therapy or medical treatment.
4) Social exclusion or denial of basic rights (work, education, healthcare).
1) Laws criminalizing homosexuality or gender identity.
2) Violence, threats, or harassment from the government, family, or society.
3) Forced conversion therapy or medical treatment.
4) Social exclusion or denial of basic rights (work, education, healthcare).
Do I need to prove that I am LGBTI to apply for a Protection Vis
Yes. The Department of Home Affairs will assess your claim. You may need to provide:
1) Personal statements detailing your experiences.
2) Support letters from LGBTI organizations or individuals who know about your identity.
3) Medical, psychological, or legal reports if relevant.
4) Country reports showing persecution of LGBTI people in your home country.
1) Personal statements detailing your experiences.
2) Support letters from LGBTI organizations or individuals who know about your identity.
3) Medical, psychological, or legal reports if relevant.
4) Country reports showing persecution of LGBTI people in your home country.
Can I apply for a Protection Visa if I hid my sexuality or gender identity in my home country?
Yes. Many LGBTI individuals hide their identity to avoid harm. You must explain:
1) Why do you hide your identity.
2) The risks you would face if you expressed your identity openly.
1) Why do you hide your identity.
2) The risks you would face if you expressed your identity openly.
What if my country does not have laws against LGBTI people, but I still fear persecution?
You may still qualify if:
1) Social discrimination, family violence, or religious persecution threaten your safety.
2) You cannot access protection from police or government authorities.
1) Social discrimination, family violence, or religious persecution threaten your safety.
2) You cannot access protection from police or government authorities.
Can I apply for a Protection Visa if I am married or have children?
Yes. Being married or having children does not affect your eligibility. You need to prove that you identify as LGBTI and fear persecution.
What is the processing time for an LGBTI Protection Visa?
Processing times vary based on case complexity. Some cases take 12-24 months or longer.
Do I need a lawyer to apply for an LGBTI Protection Visa?
Yes, a lawyer is required to ensure your LGBTI Protection Visa application is properly prepared, meets legal requirements, and strengthens your case for approval.
Will my asylum application be kept confidential?
Yes. The Australian government does not disclose Protection Visa applications to foreign governments or individuals.
Can I apply for a Protection Visa if I already have a partner visa application in process?
You must withdraw one application before the other can proceed. Seek legal advice before making a decision.
Do I need to provide evidence of past relationships to prove my LGBTI identity?
While not mandatory, relationship evidence (messages, photos, affidavits from past partners) can support your claim.
Do I need to undergo a medical examination for a Protection Visa?
Yes. All applicants must meet Australian health requirements.
AFTER APPLYING PROTECTION VISA FOR LGBT
What rights do I have after receiving a Protection Visa?
You get permanent residency, meaning you can:
1) Live, work, and study in Australia.
2) Access Medicare and Centrelink benefits.
3) Apply for Australian citizenship after four years.
1) Live, work, and study in Australia.
2) Access Medicare and Centrelink benefits.
3) Apply for Australian citizenship after four years.
Can I change my name or gender marker on official documents?
Yes. Australian authorities allow name and gender marker changes for Protection Visa holders.
Can my Protection Visa be canceled?
Yes, if:
1) You return to your home country.
2) You provide false information.
3) You commit serious crimes.
1) You return to your home country.
2) You provide false information.
3) You commit serious crimes.
Can I join an LGBTI community in Australia?
Yes, many support groups and community organizations assist LGBTI refugees.
What should I do if I experience discrimination in Australia?
You can report discrimination to human rights commissions or LGBTI support services.
Disclaimer: The information supplied in the FAQs section is intended as a guide only. It is not a substitute for proper informed legal advice. You should always consult a family lawyer before acting on any of these questions.