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Subclass 851
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.
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 –
Identity Requirements
Security Requirements
Health Requirements
Character Requirements
Sign the Australian Value Statement
Converted TPV or SHEV applications
If you applied for an initial TPV or SHEV before 14 February 2023 you do not need to apply for a RoS visa. If we find that you meet the criteria for the TPV or SHEV, the Department will convert your application to an application for a RoS visa. The Department will notify you if you have been granted a RoS visa.
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)
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. You must apply before your current TPV or SHEV ceases to remain lawful.
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
DHA will extend the TPV/SHEV of current TPV or SHEV holders who make a valid application for a RoS visa until they have made a decision on the RoS visa. To ensure that your TPV or SHEV is extended and that you remain lawful, you must apply for a RoS visa before your TPV or SHEV ceases.
If you are currently unlawful
If you are currently an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, note that an application for a RoS visa is also an application for a bridging visa.
For current TPV or SHEV holders, you must apply for a RoS visa before your TPV or SHEV ceases.
How long can you stay ?
This is a permanent visa. It lets you stay in Australia indefinitely.
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
Family members may apply together on the same application form. Each applicant must meet the requirements in their own right for the grant of the visa.
Newborn child
If a child is born after you submit your application and before DHA makes a decision on your application, DHA will include the child in that application. You must tell DHA as soon as possible by completing Form 1022 Notification of change of circumstances (172KB PDF). You must also provide a clear colour copy of the child’s original birth certificate, and attach both of these documents in ImmiAccount or send them via email to the address provided in your RoS visa or subsequent TPV or SHEV application acknowledgement letter.
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
You and your family members must obey all Australian laws.
Travel
There are no travel restrictions on the Resolution of Status visa.
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.