Features
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.
Eligibility
You must:
- be in Australia at time of application lodgement
be in Australia at time of visa grant
meet the visa requirements including health, character and security
Length of stay
This is a permanent visa. It lets you stay in Australia indefinitely.
You become an Australian permanent resident on the day the visa is granted.
For Australian citizenship purposes, your permanent residence starts on the day the visa is granted.
Cost
$0 AUD
With this visa, you can…
Processing times for this visa type vary.
- live, work and study in Australia permanently
- access benefits from Services Australia and Medicare
- access short-term counselling for torture and trauma if required
- 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 you are eligible attend English language classes for free
Overview
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. 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 an Australian citizen.
People who have submitted a 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.
We are 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. 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.
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 you applied for an initial TPV or SHEV before 14 February 2023 you do not need to apply for a RoS visa. If you are found to meet the criteria for the TPV or SHEV, your application will be automatically converted to an application for a RoS visa. The Department will notify you if you have been granted a RoS visa.
If you hold a TPV or SHEV and have applied for a subsequent TPV or SHEV before 14 February 2023 you do not need to apply for a RoS visa. Your application has automatically been converted to an application for a RoS visa, and if you are found to meet the criteria for the RoS visa you will be granted a RoS visa. The Department will notify you if you have been granted a RoS visa.
Extending your 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 you are 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 you stay
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.
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 you submit your application and before a decision is made on your application, the child will be included in that application. You must tell us as soon as possible by:
- completing Form 1022 Notification of change of circumstances
- providing a clear colour copy of their original birth certificate
- attach relevant documents to your ImmiAccount or send via email using the contact information provided by the Department.
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.
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, once the relevant application bar has been lifted. Most TPV and SHEV holders will be able to apply online from late March 2023 (details on how to apply will be available on this website).
People who have submitted a 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.
If you currently hold a bridging visa and you made a valid application for a TPV or SHEV before 14 February 2023, your TPV or SHEV application will be converted to a Resolution of Status visa application if you are found to satisfy the requirements for the grant of a TPV or SHEV.
Not be barred from lodging a Resolution of Status (RoS) visa application
You are not able to make a valid RoS visa application while you are subject to an application bar (including the section 46A bar for Unauthorised Maritime Arrivals).
Most TPV and SHEV holders will be able to apply for a RoS visa online from late March 2023, after their application bar has been lifted (further details will be available on this website at that time).
A small group of TPV and SHEV holders will have their application bar lifted and be invited to apply using a paper application form, including those whose TPV or SHEV is due to expire soon. Only those who are contacted by the Department and provided with the bar lift notification letter and RoS application form will be able to make a valid application before late March 2023.
Apply from
You must be in Australia when you apply for the visa.
Processing times
The majority of the caseload will be processed within 12 months of processing commencement.
You can assist us in finalising your application by responding to any requests from us within the specified timeframes.
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 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.
Our Lawyers/Registered Migration Agents that specialise in Protection Visas – Subclass 866 are: Daniel Bellissimo and Victor Organero.
Victor Organero
GradCertMigLaw (VU),
Juris Doctor -Master of Laws (current) and Bachelor of International Studies – Political Science, Spanish
Victor is a Registered Migration Agent with previous experience in an immigration law firm in Melbourne. Victor has extensive experience in Employer Sponsored visas (including 482, 186, 494). He has extensive knowledge of Immigration law and regulations, he advises businesses as well as individuals across a broad range of visa categories. He is professional, extremely organised, motivated, and dedicated to his clients’ needs.
Victor is also experienced with other visas including Skilled, Partner and Distinguished Talent /Global Talent visas. It’s the challenge – or the multifaceted approach required to navigate the Australian migration system that keeps him focused. Book a time with Victor here. Victor speaks Spanish as a second language – ¡hola!
Book a meeting today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
