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851 Visa - Resolution Of Status Visa

Everything you need to know about Resolution Of Status Visa

The Resolution of Status (RoS) visa, subclass 851, provides permanent residence to applicants who held or applied for a Safe Haven Enterprise visa (SHEV) or a Temporary Protection visa (TPV) before 14 February 2023. RoS visas were enacted as part of the Australian Government’s resolution to remove temporary protection visas. If applicants can satisfy the eligibility requirements, namely that they satisfy the health, character and national security tests then their temporary protection visa may be converted to permanent residence as their temporary protection status is resolved.

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Everything you need to know to apply for 851 visa subclass

This page will help you to understand the eligibility requirements, processing times and visa conditions associated with a RoS visa. For information in languages other than English, please refer to the Department’s handbooks linked below:

Firstly, it is important to note that 851 visas are only available to applicants who currently have, or have applied for a SHEV or TPV before 14 February 2023. For applicants in this category, the RoS is designed to remove the uncertainty that comes with having a temporary protection visa, and grant them the security of permanent residence.

The application process differs depending on when your SHEV/TPV application was lodged/granted:

  • TPV/SHEV holders who arrived in Australia before 14 February 2023 can apply online for a RoS visa through their ImmiAccount.
  • If you are a former TPV/SHEV holder and your visa expired before 14 February 2023, you can apply online for a RoS visa, through ImmiAccount. Your application will also be considered an application for a bridging visa.
  • If you lodged a TPV/SHEV application with the Department before 14 February 2023, you do not need to do anything. The Department will convert your TPV/SHEV application to a RoS visa application.

What is an 851 visa and what are the requirements

A subclass 851 visa is a permanent visa that aims to provide security and safety to people currently on a SHEV/TPV visa. The requirements for the visa are:

  • Be in Australia at the time of lodgement 
  • You must be a holder or former holder of either a:some text
    • 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
  • Not be barred from lodging an RoS; and not previously had your SHEV/TPV canceled
  • Meet the identity requirements some text
    • This might include providing biometrics (fingerprints and photographs). 
    • Evidence of nationality or citizenship 
  • Meet the security requirements 
  • Meet the health requirements some text
    • Undergo a health examination by Bupa Medical Visa Services
  • Meet the character requirements 
  • Sign the Australian values statement 
  • It is important to note that the visa is not available to migrants who entered by boat as unauthorised maritime arrivals.

Thankfully, RoS applicants do not need to undergo further protection assessments. The assessment done at the time that the SHEV/TPV was granted will be sufficient. There is also no cost associated with the application. Children and family members can be added to the same application form, yet each person included must also meet the visa requirements.

How long can you stay in Australia on a 851 Visa

The 851 visa provides visa holders with permanent residence in Australia. This means that holders can remain in Australia indefinitely. Whilst living in Australia, the 851 visa allows you to work, study and access healthcare and social security payments. It also allows you to leave Australia to leave or enter Australia as many times as you like, for up to 5 years. After 5 years the travel permissions will expire and you will need a Resident Return visa if you wish to re-enter Australia as a permanent resident.

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How to apply as a family on a 851 Resolution of Status Visa

It is common for families to seek a RoS together, especially where they all entered Australia at the same time or on the same protection visa. Immediate family members are permitted to apply together on the same application. However, each family member must individually  satisfy the health, character and national security tests. If you have a newborn baby whilst your application is still being decided, the baby will be included in the application. 

Alternatively, once one family member attains a 851, they will be able to sponsor other family members - just as any other permanent resident is able to do.

Is there any travel restrictions on a 851 Resolution of Status Visa

No. As a permanent resident, you can travel in and out of Australia as often as you like within 5 years. After 5 years the travel permissions will expire and you will need a Resident Return visa if you wish to re-enter Australia as a permanent resident.

Can you apply for a 851 visa if you’re currently unlawful

It depends - if you are unlawful because your current SHEV/TPV has recently expired, then your application for a 851 visa will be taken to also be an application for a bridging visa. However, if you are currently unlawful because you entered as an unauthorised maritime arrival then you willbe ineligible, or if you have had a visa canceled or refused, then you may be at risk of failing the character test and also being ineligible for the 851 visa.

Is my child born after my 851 visa application included in my application

If you have a newborn baby whilst your application is still being decided, the baby will be included in the application. It is important to let the Department know about the child’s birth as soon as possible. They will require you to supply a copy of the child’s birth certificate, as well as completing Form 1022 (Notification of changes in circumstances). Typically, children are granted the same visa that their parents hold at the time of birth. However, if one of the parents is a permanent resident/citizen at the time of birth then the child may be a citizen too.

Steps of an 851 Visa assessment

If you have recently submitted an application for a SHEV/TPV, and have already met the criteria, then your application will be automatically converted to an application for s 851 visa. Otherwise, The steps required in attaining an 851 visa are not complex, but require thorough preparation and access to a comprehensive array of documents. The following steps are required:

1. Preparation and submission

2. Communication

3. Outcome

4. Review

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Frequently asked questions

Read our most commonly asked questions about the 851 Visa

How do I submit my application?

All applicants are required to submit their application through their ImmiAccount (unless otherwise authorised). All applicants will also be required to satisfy health, character and national security tests. If satisfied, the RoS visa will grant permanent residence, including full rights to work, study and live in Australia permanently. This includes immediate access to all social security payments, the National Disability Insurance Scheme and higher education assistance program.

Does the RoS visa allow applicants to sponsor their family to come to Australia?

The RoS visa allows applicants to sponsor their family to come to Australia under the family visa stream of the Migration Program. This can help families to reunite and may be the first step in establishing family life together in Australia. By achieving permanent residence, the RoS also sets applicants on the pathway to Australian Citizenship.

About the content author

Perry Q Wood
Partner - Principal Migration Lawyer

Perry Q Wood is National President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.

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