Subclass 851
Resolution of Status
This visa allows for the permanent resolution of status for certain visa holders, including TPV and SHEV holders who arrived in Australia before 14 February 2023.
Understanding the Protection Visa (Subclass 851)
Stay – Permanently
Cost – Nil
With this visa you can
- Live, work and study in Australia Permanently
- Access benefits from Service Australia and Medicare
- Access short-term counselling for torture & trauma
- Sponsor eligible family members for permanent residence through the family visa stream
- Travel to and from Australia for 5 years.
- If eligible, become an Australian Citizen.
- If eligible, attend English language classes for free.
You Must
- Be in Australia at time of application lodgement.
- Be in Australia at time of visa grant.
- Meet the visa requirement including health, character and security.
Overview
The Australian Government has fulfilled its election commitment to make Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders eligible to apply for a permanent Resolution of Status (RoS) visa.
Providing permanent residence to TPV and SHEV holders empowers them to move forward with their lives. Permanent residency will enable TPV/SHEV holders to:
- Gain secure employment
- Grow businesses
- Study more easily
- Sponsor eligible family members to Australia
- Eventually become an Australian citizen.
Anyone who has submitted a TPV or SHEV application before 14 February 2023 that has not been finally determined, has had the existing application automatically converted to a RoS visa application. This includes subsequent TPV or SHEV applications.
Current TPV and SHEV holders who had not submitted a subsequent TPV or SHEV application before 14 February 2023 can apply for a RoS visa online via ImmiAccount. They must apply before their current TPV or SHEV ceases to remain lawful.
DHA is committed to supporting the transition to a Resolution of Status visa for those who held or have applied for a TPV or SHEV before 14 February 2023. The Department continues to actively process all RoS visa applications.
Eligibility: Meet the Visa Requirements
To make a valid application for a Resolution of Status visa, you must be a holder (or former holder, and your visa was not cancelled) of one of the below visas:
- Temporary Protection visa (subclass 785) – and you first arrived in Australia before 14 February 2023
- Safe Haven Enterprise visa (subclass 790) – and you first arrived in Australia before 14 February 2023
From 14 February 2023, TPV and SHEV holders who held their TPV or SHEV before this date are eligible to apply for a RoS visa. You can apply online via ImmiAccount.
People who have submitted a TPV or SHEV application prior to 14 February 2023 that has not been finally determined, will have their existing application automatically converted to a RoS visa application. This includes any subsequent TPV or SHEV application.
If you currently hold a bridging visa and you made a valid application for a TPV or SHEV before 14 February 2023, the Department will convert your TPV or SHEV application to a Resolution of Status visa application. You must satisfy the requirements for the grant of a TPV or SHEV.’
Not be barred from lodging a Resoultion of Status (RoS) visa application
You cannot make a valid RoS visa application while you are subject to an application bar. This includes the section 46A bar for Unauthorised Maritime Arrivals.
The online application form for a RoS visa includes the notification of a section 46A application bar lift. You must make your application online via ImmiAccount, unless the Department has authorised you to lodge a paper application form and notified you in writing of an application bar lift.
There are limited circumstances where we will authorise applicants to lodge a RoS visa application using the paper application form (including verified ImmiAccount systems issues).
Not previously had your most recent TPV or SHEV refused or cancelled
If Department has cancelled your most recent TPV or SHEV, or your TPV or SHEV application was refused and finally determined, you cannot make a valid application for a Resolution of Status visa.
Department expects that people found not to engage protection obligations and, whose application has been finally determined by any merits and judicial review processes, will depart Australia. Department may provide these people assistance to depart.
If you have new, credible protection claims relating to changes in your country of origin or personal circumstances, you may request Ministerial Intervention.
The Minister will not consider protection claims that have already been considered in a Protection visa application or by the Tribunal. Requests will only be considered where a person is making genuine and compelling claims that require consideration when these claims could not be raised in their initial protection visa application. If the Minister does not intervene in your case, the Minister expects you to leave Australia when your current visa expires.
In Addition to above, you must meet the following requirements –
Other Related Info
Converted TPV or SHEV applications
You do not need to apply for a RoS visa if you hold a TPV or SHEV and have applied for a subsequent TPV or SHEV before 14 February 2023. The Department has converted your application to an application for a RoS visa. The Department will notify you if we have granted you a RoS visa.
Current TPV and SHEV holders (with no application before the Department)
You must apply for a RoS visa online via ImmiAccount.
Online applications for a RoS visa include the notification of an application bar lift (as unauthorised maritime arrivals are otherwise subject to the application bar in section 46A of the Migration Act 1958).
There are limited circumstances where DHA will authorise applicants to lodge a RoS visa application using the paper application form (including verified ImmiAccount systems issues).
Extending your TPV or SHEV
If you are currently unlawful
For current TPV or SHEV holders, you must apply for a RoS visa before your TPV or SHEV ceases.
How long can you stay?
You become an Australian permanent resident on the day we grant your visa.
For Australian citizenship purposes, your permanent residence starts on the day DHA grant your visa.
Including family members
Newborn child
If a child is born in Australia, they are automatically granted the same visa their parents hold at the time of the child’s birth.
If either parent is an Australian citizen or Australian permanent resident at the time of the child’s birth, the child will be an Australian citizen by birth. In such cases an Australian citizenship certificate should be obtained and attached in ImmiAccount. For more details see: Get a citizenship certificate.
Your obligations
Travel
You can travel to and from Australia for 5 years from the date we grant the visa. To re-enter Australia after 5 years you will need a Resident Return visa (RRV).
If you want to travel outside Australia after we grant the visa and you do not have a current passport, you should first contact any Australian Passport Office of the Department of Foreign Affairs and Trade to apply for a travel document.
Why Choose Emigrate Lawyers?
Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling migration applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.
We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.
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Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.