Resolution Of Status Visa (851)

The Resolution of Status (RoS) visa, subclass 851, grants permanent residency to individuals who held or applied for a Safe Haven Enterprise visa (SHEV) or a Temporary Protection visa (TPV) prior to 14 February 2023. This visa was introduced as part of the Australian Government’s initiative to phase out temporary protection visas. Eligible applicants must meet specific criteria, including passing health, character, and national security assessments. If these requirements are fulfilled, their temporary protection visa can be converted into permanent residency, resolving their temporary protection status.

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Everything You Need to Know About Applying for Subclass 851 Visa

This guide will help you understand the eligibility criteria, processing times, and visa conditions for the Resolution of Status (RoS) visa. For information in languages other than English, refer to the Department’s handbooks linked below.

Key Information About Subclass 851 Visa

The subclass 851 visa is available exclusively to applicants who currently hold or applied for a Safe Haven Enterprise visa (SHEV) or a Temporary Protection visa (TPV) before 14 February 2023. This visa aims to provide certainty and security by transitioning eligible applicants from temporary protection to permanent residency.

Application Process

The application process varies based on when your SHEV or TPV was lodged or granted:

  1. Current TPV/SHEV Holders
    If you arrived in Australia before 14 February 2023, you can apply online for an RoS visa via your ImmiAccount.

  2. Former TPV/SHEV Holders (Visa Expired Before 14 February 2023)
    If your visa expired before 14 February 2023, you can also apply online for an RoS visa via ImmiAccount. This application will automatically include a bridging visa request.

  3. Pending TPV/SHEV Applications Lodged Before 14 February 2023
    If you lodged a TPV or SHEV application with the Department before 14 February 2023, you don’t need to take any further action. The Department will automatically convert your pending application into an RoS visa application.

What is a Subclass 851 Visa and What Are the Requirements?

The subclass 851 visa is a permanent visa designed to provide stability to individuals who currently hold a SHEV or TPV.

Eligibility Requirements

To qualify for this visa, you must meet the following criteria:

  1. Location Requirement

    • You must be in Australia at the time of application.

  2. Visa History

    • Be a current or former holder of one of the following visas and have arrived in Australia before 14 February 2023:
      • Temporary Protection visa (subclass 785)
      • Safe Haven Enterprise visa (subclass 790)
    • You must not be barred from lodging an RoS application or have had your SHEV/TPV canceled.

  3. Identity Requirements

    • Provide evidence of nationality or citizenship.
    • Submit biometrics (fingerprints and photographs), if requested.

  4. Security and Health Requirements

    • Meet national security standards.
    • Complete a health examination through Bupa Medical Visa Services.

  5. Character and Values Requirements

    • Satisfy character requirements.
    • Sign the Australian Values Statement.

Additional Notes

  • The subclass 851 visa is not available to individuals who entered Australia by boat as unauthorised maritime arrivals.
  • No further protection assessments are required. The initial assessment made during the SHEV/TPV application will suffice.
  • There is no application fee for the RoS visa.
  • Children and family members can be included in the same application; however, each individual must meet the visa requirements.

For expert advice and assistance with your visa application, contact Expert Migration Lawyer today!

How Long Can You Stay in Australia on an 851 Visa?

The 851 visa grants permanent residency in Australia, allowing visa holders to stay indefinitely. While living in Australia, this visa provides the following benefits:

  • Work, study, and access to healthcare and social security payments.
  • Freedom to travel in and out of Australia as many times as you like within the first 5 years of the visa.

After 5 years, the travel permissions will expire. If you wish to re-enter Australia as a permanent resident, you will need to apply for a Resident Return Visa (RRV).

How to Apply as a Family for an 851 Resolution of Status Visa

Families can apply together on the same RoS visa application, especially if they entered Australia simultaneously or on the same protection visa. Immediate family members included in the application must meet the following criteria:

  • Pass the health, character, and national security tests individually.

If a newborn baby is born while your application is still being processed, the baby will automatically be included in the application.

Alternatively, once one family member secures an 851 visa, they can sponsor other eligible family members, just like any other permanent resident.

Are There Travel Restrictions on an 851 Resolution of Status Visa?

No, there are no travel restrictions during the first 5 years of holding the 851 visa. Permanent residents can travel in and out of Australia as often as they like.

After 5 years, the travel permissions will expire. If you wish to re-enter Australia as a permanent resident, you must apply for a Resident Return Visa (RRV).

Can You Apply for an 851 Visa if You’re Currently Unlawful?

It depends on the circumstances:

  1. If Your SHEV/TPV Has Recently Expired

    • You can still apply for an 851 visa. Your application will also serve as an application for a bridging visa.

  2. If You Are an Unauthorised Maritime Arrival

    • You are ineligible for the 851 visa.

  3. If Your Visa Was Canceled or Refused

    • You may fail the character test and become ineligible for the visa.

Is My Child Born After My 851 Visa Application Included?

Yes, if you have a newborn baby while your 851 visa application is still being processed, the child will automatically be included. It is essential to notify the Department as soon as possible by:

  1. Providing the child’s birth certificate.
  2. Completing Form 1022 (Notification of changes in circumstances).

Typically, children are granted the same visa as their parents. However, if one parent is a permanent resident or citizen at the time of the child’s birth, the child may automatically acquire Australian citizenship.

How Expert Migration Lawyer Can Help You

At Expert Migration Lawyer, we understand the sensitive and challenging nature of family violence cases. Our team is committed to providing compassionate and professional legal assistance to ensure your safety and support your visa application process.

Here’s how we can help you:

1. Confidential and Secure Guidance

We prioritize your safety and confidentiality throughout the process. Our team handles your case with the utmost discretion, ensuring that your information remains secure.

2. Tailored Migration Advice

Every case is unique, and we take the time to understand your specific situation. Our migration lawyers provide personalized advice to help you identify the most suitable visa options based on your circumstances.

3. Comprehensive Documentation Support

We assist you in collecting and organizing the necessary evidence and documents to strengthen your family violence claim. This includes police reports, medical records, and affidavits from witnesses or support services.

4. Preparation of Submissions

Our team prepares detailed submissions to the Department of Home Affairs, clearly explaining your experiences and circumstances to support your claim effectively.

5. Advocacy and Representation

We act as your representative, ensuring that all communication with the Department of Home Affairs is handled professionally. Our team is experienced in responding to requests for additional information and addressing any concerns raised by the Department.

6. Alternative Visa Pathways

If you are not eligible for a permanent Partner visa after a relationship breakdown, we explore alternative visa pathways for you and your family. This includes evaluating your eligibility for other types of visas that align with your goals and circumstances.

7. Ongoing Support

From start to finish, we stand by your side. Our goal is to provide you with clarity, confidence, and expert guidance throughout the process, helping you achieve the best possible outcome for your case.

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