Are you a holder of a Temporary Protection Visa (TPV) or a Safe Haven Enterprise Visa (SHEV) who arrived in Australia before 14 February 2023? You may be eligible to apply for a Subclass 851 and stay permanently in Australia.
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The Subclass 851 Resolution of Status (RoS) visa was introduced to grant people who have been holding Temporary Protection Visas (TPV) or Safe Haven Enterprise Visas (SHEVs), the same benefits and entitlements of Protection Visa Subclass 866. This is a permanent visa. It lets you stay in Australia indefinitely. You become an Australian permanent resident on the day your visa is granted. That means you will have all the benefits of an Australian Permanent Resident:
Anyone who has been granted the following visas prior to 14 February 2023 may be eligible to apply for subclass 851:
Members of the same ‘family unit’ of the visa holders mentioned above may also apply. Members of the family unit for Protection, Refugee and Humanitarian visas are taken to be a:
No, your protection claims will not be reassessed. You will only need to satisfy the primary criteria below:
In some limited circumstances you may be also need a:
Finally, you will also be required to sign an Australian Values Statement.
If you make a valid application for a 851 visa (RoS), your TPV or SHEV will be extended until a decision on the RoS visa has been made.
If you are currently an unlawful non-citizen (for example because your TPV or SHEV has expired) and you intend to apply for a RoS visa, please note that an application for a RoS visa is also taken to be an application for a bridging visa.
This is a permanent visa. It lets you stay in Australia indefinitely. You become an Australian permanent resident on the day your visa is granted. For Australian citizenship purposes, your permanent residence starts on the day your visa is granted.
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.
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 may be an Australian citizen by birth.
Yes. You must be in Australia when you apply for a 851 visa.
According to the DHA, the majority of the caseload will be processed within 12 months of processing commencement.
There are no travel restrictions on the Resolution of Status visa. You 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 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.
