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The Australian Subclass 851 Resolution of Status (RoS) visa is a permanent visa for certain protection visa holders. If you require advice and assistance in your visa application, call our office today for comprehensive and compassionate support.
This visa allows for the permanent resolution of status of certain visa holders, specifically Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders. It’s a permanent resident visa allowing successful applicants to live, work, study, and travel to and from Australia indefinitely. With this visa you also can:
To be eligible to apply for this visa, you must be in Australia at the time of application and when an official decision on the 851 visa application is made. Other key requirements for the grant include:
One of the key criteria is that you must currently hold or previously held one of the following visas, and it was not refused or cancelled:
If you hold or have held either of these visas, you must have first arrived in Australia before 14 February 2023. Meanwhile, those who have submitted their TPV or SHEV application before the said date, and it was still not processed or finalised, will have it automatically converted to a visa 851 application, including any subsequent TPV or SHEV application.
The entire purpose of the Subclass 851 cohort transition was providing permanent residency to people who arrived by boat before 14 February 2023. Telling visitors that “unauthorised maritime arrivals cannot apply because of Section 46A” misinforms the target audience. The Minister lifted the Section 46A bar for this cohort.
If your recent TPV or SHEV application was refused or cancelled, this prohibits you from applying for a Resolution of Status visa. If you are found not to engage Australia’s protection obligations after a merits or judicial review, the Department expects that you depart Australia.
If you have stronger evidence to support your case, your last resort would be to request for Ministerial Intervention. However, the Ministed does not intervene in cases that have already been decided upon by the Administrative Appeals Tribunal (AAT).
To meet the requirements, you may or may not be asked to provide evidence of your Identification such as biometrics, health certificate if requested, and police certificate for character assessment. You will also be asked to accept or sign the Australian values statement, which means you are expected to obey Australian laws and ways of life.
Talk to one of our Visa Experts Now.
Application for a RoS visa involves several stages, including checking your eligibility and carefully collating visa documents before submitting a protection visa application.
Apply for a subclass 851 visa in Australia using the following step-by-step instructions.
1
To make a valid application, you must first check if you’re fully eligible for this visa. You can check our guide above to make a preliminary self-assessment. It is also advisable to engage or use a registered migration agent to expertly assess your qualifications and help you make informed decisions.
2
Aside from collecting the required documents, make sure they are complete and accurate. Gather all necessary and supporting documents related to your identity and character. But take note that information you already submitted to the Department for your previous TPV or SHEV application need not be resubmitted.
3
Apply online using an ImmiAccount. This is the fastest and recommended method of applying for your 851 visa. Applying via paper may only be permitted in the event of a technical or system issue. Even then, you can still seek technical help to continue applying online.
4
After submitting your application online, watch out for updates or notifications from the Department on your ImmiAccount. You may be asked to submit additional information or undergo a health examination. At this stage, you can also notify the Department if there are any changes in your current circumstances.
5
Provided that you satisfied all eligibility criteria and submitted a truthful and complete application, you will receive a notification letter about your successful visa grant. If your visa is refused, the letter will include information about the refusal as well as the time limit for filing an appeal at the Tribunal.
The process can be complex and lengthy, and it is recommended that you seek professional assistance to prepare and submit your application.
You can find more information about the Australian Visa Subclass 851 on the Australian government’s Department of Home Affairs website.
The website provides more detailed information on the eligibility criteria, application process, fees, and processing times for this visa. If you have any questions or need assistance with your application, you can also contact the Department of Home Affairs directly or our office for tailored advice.
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Make your visa application a success waiting to happen with dedicated help and support from our top visa specialists. From consultation to post-application assistance, you can be confident that your case is handled by highly skilled and licensed professionals. Call our office today for an appointment.
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This depends on the nature of your ‘unlawfulness.’
For instance, you can still apply and may be granted an 851 visa if you are currently an unlawful non-citizen because your TPV or SHEV visa has already expired. If that’s the case, your RoS application will also be treated as an application for a bridging visa, the grant of which will lift your negative status.
However, if you are unlawful because your case is about an unauthorised maritime arrival, or if a previous visa resulted in a refusal or cancellation, you may not be able to apply, or your application may likely be denied.
If your child is born in Australia after you lodged your application and before a decision was made, you must include your child in the application. You can do this by notifying the Department ASAP regarding the change in your current circumstances. You will then need to fill out Form 1022 and submit a clear coloured copy of the child’s birth certificate.
Typically, the Australian-born child will have the same visa rights that their parents hold and enjoy. If one of the parents is an Australian citizen or permanent resident at the time of birth, the child may be considered an Australian citizen as well.
A subclass 851 visa is free of charge. However, it’s best to still set aside money for other requirements, such as for health, identity, and character checks.
A subclass 851 visa is a permanent residency visa. You can freely travel to and from Australia as long as your visa is valid and you remain compliant with your visa conditions.
