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Resolution of Status Visa (Subclass 851)

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About the Resolution of Status Visa (Subclass 851)

The Australian Government has fulfilled its election commitment to make Temporary Protection visa (TPV) (subclass 785) and Safe Haven Enterprise visa (SHEV) (subclass 790) holders eligible to apply for a permanent Resolution of Status (RoS) (subclass 851) visa.

Providing permanent residence to TPV and SHEV holders empowers them to move forward with their lives and increases their ability to contribute to Australian society. The permanent residency will enable TPV/SHEV holders to gain secure employment, grow businesses, study more easily, sponsor eligible family members to Australia, and eventually become Australian citizens.

Applicants who have submitted their TPV or SHEV application prior to 14 February 2023 that has not been finally determined, including any subsequent TPV or SHEV application, will have their existing application automatically converted to a RoS visa application.

It is expected that the majority of TPV/SHEV holders who meet the requirements for the grant of a RoS visa will be granted within 12 months of processing commencement.

With this visa, the applicant can

  • live, work, and study in Australia permanently
  • access government services such as Medicare and Centrelink services
  • access short-term counselling for torture and trauma if required
  • sponsor eligible family members for permanent residence through the family visa stream of the Migration Program
  • travel to and from Australia for 5 years
  • become an Australian citizen if eligible
  • attend English language classes for free if  eligible

Requirements

  • All applicants will be required to meet health, character, and security requirements, and any applicants aged 18 or over must sign the Australian Values Statement.
  • There is no protection obligations assessment required for the RoS visa. An interview will not be required.

Converted TPV or SHEV applications

  • If the applicant has applied for an initial TPV or SHEV before 14 February 2023, they do not need to apply for a RoS visa. If the criteria for the TPV or SHEV are met, the application will be automatically converted to an application for a RoS visa. The Department will notify if the RoS visa has been granted.
  • If the applicant holds a TPV or SHEV and has applied for a subsequent TPV or SHEV before 14 February 2023 the applicant does not need to apply for a RoS visa. The application automatically converts to an application for a RoS visa, and if the criteria are met for the RoS visa it will be granted.  The Department will notify if the RoS visa has been granted.

Extending the TPV or SHEV

TPV or SHEV holders who make a valid application for a RoS visa will have their TPV or SHEV extended until a decision on the RoS visa has been made.

If the applicant is currently unlawful
  • If the applicant is currently an unlawful non-citizen (for example because of the expiry of TPV or SHEV) and intends to apply for a RoS visa, please note that an application for a RoS visa would also be taken to be an application for a bridging visa.

How long can the applicant stay

  • This is a permanent visa. It lets the applicant stay in Australia indefinitely.
  • The applicant becomes an Australian permanent resident on the day their visa is granted.
  • For Australian citizenship purposes,  permanent residence starts on the day the visa is granted.

Including family members

Family members may apply together on the same application form; however, each applicant must meet the requirements for the grant of the visa in their own right.

Newborn child

If a child is born after the submission of the application and before a decision is made on the application, the child will be included in that application. The applicant must inform as soon as possible by:

  • completing Form 1022 Notification of change of circumstances (172KB PDF)
  • providing a clear colour copy of their original birth certificate
  • attach relevant documents to the ImmiAccount or send via email using the contact information provided by the department.

Cost

  • Nil

Apply from

  • The applicant must be in Australia when they apply for the visa.

Processing times

  • The majority of the caseload will be processed within 12 months of processing commencement.

Applicant’s obligations

  • The applicant and his/her family members must obey all Australian laws.

Travel

  • There are no travel restrictions on the Resolution of Status visa.
  • Applicants can travel to and from Australia for 5 years from the date the visa is granted. After 5 years you will need a Resident Return visa (RRV) to re-enter Australia.
  • If the applicant wants 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.

Visa label

DOHA will digitally link the applicant’s visa to their travel document or ImmiCard. No label will be given on the travel document.

Fact sheet

A fact sheet with useful information about the Resolution of Status visa process is available below in the following languages:

  • Arabic
  • Burmese
  • Dari
  • English
  • Farsi
  • Pashto
  • Rohingya
  • Tamil
Irregular travel to Australia

The Government remains committed to Operation Sovereign Borders. Australia’s border protection policies have not and will not change. Any person who attempts to travel to Australia irregularly will not settle permanently here.

  • Anyone who attempts to travel to Australia by voyage without a valid visa will be turned back to their point of departure, returned to their home country, or transferred to another country.
  • Australia’s tough border protection policies are designed to protect Australia’s borders, combat people smuggling and deter people from attempting dangerous boat voyages across the open ocean.

The Government’s policy on transitory persons remains unchanged. Transitory persons will not settle in Australia. They are encouraged to engage in third-country migration options:

  • Resettlement in the United States or New Zealand or private sponsorship in Canada, or
  • Assisted Voluntary Return (AVR) home or to another country in which they have a right of entry.

If you need assistance with your visa application, contact our Registered Migration Agents at Better Life Migration at +61415419414.

Source: DOHA

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