851 Visa – Resolution of Status (RoS) Visa

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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ABOUT SUBCLASS 851 VISA – Resolution of Status Visa

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:

    • The right to live, work and study in Australia permanently; and
    • Sponsor eligible family members; and
    • Access to government services like Medicare and Centrelink; and
    • If eligible, Australian citizenship
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851 VISA REQUIREMENTS

Anyone who has been granted the following visas prior to 14 February 2023 may be eligible to apply for subclass 851:

  • Temporary Protection visa (subclass 447, 451 or 785); or
  • Certain subclasses of Temporary Humanitarian visas (785 or 790); or
  • Return Pending visa (subclass 695)

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:

  • Spouse;
  • De facto partner;
  • Dependent child;
  • Defined as being under 18 years of age; or
  • Being 18 years of age and above but wholly or substantially dependent on you or the main visa holder financially, psychologically and/or physically OR are incapacitated for work due to loss of their bodily or mental function(s)
  • Relative
  • Must be single
  • Dependent (see above definition); and
  • A usual resident of the same household as the main visa holder described above
  • Some examples are grandparent, grandchild, aunt, uncle, niece, nephew, parent, brother, sister (and/or step equivalent) as well as step-child

851 Visa Assessment – Is the DHA going to assess my claims again?

No, your protection claims will not be reassessed. You will only need to satisfy the primary criteria below:

  • A health examination; and
  • A National Police Check in Australia (and a police check in any other country where you have lived for at least 12 months in the last 10 years since reaching 16 years of age)

In some limited circumstances you may be also need a:

  • Offshore penal clearance; and/or
  • Security clearance; and/or
  • Risk assessment

Finally, you will also be required to sign an Australian Values Statement.

Helping People Just Like You

What matters to us most is what our clients have to say about their experience once everything has been resolved. Below are some of the messages we have received from people we’ve represented.

Abdul hamid Adam
Abdul hamid A.
My partner and I walked into Gold Migration for the first time in early November 2023 for seeking help about my case in AAT. Saemeh Ghasemi help me and support me through with everything that I need to prepare for hearing in next few week. Saemeh Ghasemi also accompany and attend AAT hearing with me. Saemeh Ghasemi always give us mentally support, tell us don’t be stress. In January 2024, Saemeh called me and give me a good news, that we won ATT. Thank you Saemeh Ghasemi, you make my self and my partner can be together and stay in Australia together. Thank you Gold migration lawyers.read more
Simon m
Simon m
I engaged Gold Migration, because I had left things a little too late and there were some factors that were too complicated and too confusing and too high risk for me to do on my own.My first meeting with them was by video. I was looking at a set up with lined up desks much like you see in a court room drama. There were 3 people in the room. They asked me to describe my circumstances and they answered my questions. They were forthright and pulled no punches, they told me the risks and the issues I would have to deal with. Then they conferred together and then gave me a price. It wasn’t the most expensive I had been quoted, nor the cheapest, but what impressed me about them was the machine like efficiency they dealt with the problem from the beginning. There are NO surprises from this firm. They lay out all the costs at the time of engagement, they tell you the steps they will be taking and their approach.Remember this is Immigration you’re dealing with, even expert lawyers have no control over such a department, timescale is not in the control of you or your lawyers.For the first month it was a flurry of activity for me. They sent me a cloud based drive to upload all my documents and evidence to. They reviewed it and made suggestions. All of the statements they asked me to write came with examples and best way to write them. Then they told me they had everything they needed and to leave it with them. On reflection I realised I had witnessed a highly experienced team in action. They asked for and got what they needed, it was explained and documented and organised. They have a very efficient set of procedures they follow and they make sure all the boxes are ticked before they submit.You can’t fault this level of experience and practical application, you basically pay them and go along for the ride. Over the months as immigration dealt with the case they came back to me a few times and asked for more information. I know they wrote reports and fielded questions from immigration but all I got was a comment that everything was tracking as planned.The most interesting part for me to see was the obvious pleasure and satisfaction they enjoyed when they called me to tell me we finally had the PR visa. They took it personally and that meant a lot to me.Are they expensive ? Well that depends, how much is having your family members live with you in Australia worth to you ? They are not the cheapest , they are not the most expensive, but I am confident that they are the best!If you are worried about getting a loved one or a valued worker a visa, or you are having issues with your visa, you should not hesitate to go with the gold standard. Go with Gold Immigration and sleep better at night knowing your visa issue is in good hands.read more
Jalal Razavi
Jalal R.
Entrusting Gold Migration Lawyers was the best decision I ever made for my parents to obtain a safe and secure future here in Australia. A life changing decision for them.Our case manager was Saemeh Ghasemi who was instrumental in ensuring their Protection Visa was thoroughly detailed and solid. Saemeh was very kind caring and took extra effort to understand and appreciate the dire situation of my parents and was very supportive all the way to a successful "Visa Granted" outcome.Thank you Saemeh and team for your dedicated and supportive service to me and my parents."Gold Migration Lawyers indeed provides GOLD CLASS service" and I strongly recommend them to our family and friends.read more
Daniel Esdaile
Daniel E.
My partner and I had walked into Gold Migration for the first time in May of 2023. I was anxious at I knew by the time we would have to lodge our partner visa we would not have lived together for 12 months. Walt had given us the reassurance that all would be okay, I instantly felt that sigh of relief through the professional and welcoming service that Walt and his team had provided. We then began our journey with Gold Migration Lawyers, the whole time Walt had been there to support us through every enquiry and every piece of evidence. We eventually submitted our visa in October with every bit of confidence of a positive outcome. In February we got out 820 grant, the moment Walt had told me that the visa had been granted I began to cry of happiness. Thank you Walt! Thank you Gold migration lawyers, you have allowed myself and my partner to be in Australia together.read more
Ghassan Elbarhoun
Ghassan E.
I’d like to thank SAEMEH GHASEMI and her team for their exceptional work on our visa, very very easy process ,I highly recommend gold migration, thanks Samy.
Isoa Talevakaruamainairai
Isoa T.
Massive thank you goes to Saemeh Ghasemi and Carolyn Araboghlian at Gold Migration Lawyer for their relentless support throughout the process of preparing for my AAT appeal right through the exciting news of successfully wining the AAT Appeal. Wow absolutely amazing, to be able to work with Saemeh Ghasemi and Carolyn Araboghlian. Saemeh Ghansemi have been going extra miles to ensure that Gold Migration provide and delivered positive experience that took so much anxiety, nerves away and for genuinely cares about her clients. I am so pleased and grateful to be able to trust Gold Migration Lawyers for the Successful Outcome of my AAT Appeal. Even before the appeal I was already recommending Gold Migration Lawyer to my friends due to the best services that they have already initiate from the beginning of the services. I have never experience best services before thanking you so much Saemeh Ghasemi for going extra miles really means a lot to me personally and Thank You so much Gold Migration for an AMAZING SERVICES. I would definitely highly recommend Gold Migration Lawyers.read more
Tyler Meier
Tyler M.
Hiring Gold migration lawyers, and having Saemeh represent my partner was the best decision we could have made. My partner was applying for a Visa and had a hearing at the AAT, and Saemeh helped us prepare and get ready for the hearing and represented him very well, we were successful and found out within 2 weeks!! Saemeh’s had the expertise and knowledge to help us and we are so so thankful to her and the team at Gold Migration.read more
Syed Rizvi
Syed R.
Just wanted to say thank you walt for helping us getting our permanent residency after alot of bumps in our case.Thank you team gold migration
Kelvin Khant
Kelvin K.
Excellent service and you can always contact the team at anytime. absolutely recommended!

851 Visa – frequently asked questions

Can I apply for a 851 Visa if my TPV or SHEV is about to expire?

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.

Can I apply for a 851 Visa if I'm currently unlawful?

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.

How long can I stay in Australia if I'm granted a 851 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.

Can my family members also apply for a 851 visa?

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 my child is born after I submit my application and before a decision is made on my application for a 851 visa, will the child be included in that application?

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.

Do I have to be in Australia to apply for a 851 Visa?

Yes. You must be in Australia when you apply for a 851 visa.

How long will it take for my 851 visa to be processed?

According to the DHA, the majority of the caseload will be processed within 12 months of processing commencement.

Can I travel overseas if I hold a 851 Visa?

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.