851 Visa - Resolution Of Status Visa
Everything you need to know about Resolution Of Status Visa in Australia
Are you currently a Temporary Protection Visa (TPV) or a Safe Haven Enterprise Visa (SHEV) holder and arrived in Australia before the 14th of February 2023? If so, you may be eligible to apply for a subclass 851 Resolution of Status Visa which will allow you to stay in Australia permanently.
At Australian Migration Agents our expert knowledge and personalised support ensures a seamless application process, helping you navigate complex requirements, maximising your chances of success and securing the protection you need to stay in Australia.
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What is the 851 visa subclass
The Resolution of Status (RoS) 851 visa subclass is designed for the permanent resolution of status for individuals on certain visas, including the Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV), who arrived in Australia before 14 February 2023. This visa provides permanent residency to eligible visa holders to allow them to move forward with their lives and stay in Australia indefinitely.
The subclass 851 visa is a permanent protection visa, this means that eligible holders have all the benefits of an Australian Permanent Resident. This visa permits holders to live, work, and study in Australia, subject to their specific circumstances.
As a permanent visa, the subclass 851 offers significant protections, including access to social services and healthcare. Holders of this visa may, if eligible, apply to become an Australian citizen, and sponsor eligible family members for permanent residency through the family visa stream.
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What are the eligibility requirements for an 851 visa in Australia
To be eligible for a subclass 851 visa, applicants must meet particular eligibility requirements set out by the Department of Home Affairs, these include:
- Must be a holder (or former holder, and your visa was not cancelled) of either the Temporary Protection visa (‘TPV’ subclass 785) or the Safe Haven Enterprise visa (‘SHEV’ subclass 790)
- Must have first arrived in Australia before 14th February 2023
- Must not be subject to an application bar, for example section 46A bar for Unauthorised Maritime Arrivals
- Must not have had your TPV or SHEV refused or cancelled
- Must meet identity, security, health and character requirements
- Sign the Australian Values Statement
Benefits of a 851 Visa
The subclass 851 visa is a permanent visa, meaning that its holders enjoy benefits of Australian Permanent Residents. 851 visa holders have the right to live, work, and study in Australia, providing stability and opportunities for personal and professional growth. They also gain access to essential government services, including healthcare through Medicare and social support through Centrelink.
Additionally, holders may sponsor immediate family members for Permanent Residence through the family visa stream, helping to reunite loved ones in Australia. After meeting the necessary criteria, subclass 851 visa holders may also apply to become an Australian citizen, granting them full participation in Australia’s civic and social life.
Benefits include:
- Children and family members can be added to the same application form, yet each person included must also meet the visa requirements.
- 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.
- 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
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Resolution of status checklist items
To support your subclass 851 application you may be asked to provide documents as evidence of your identity, nationality or citizenship. This may include providing biometrics such as fingerprints and a digital photograph of your face.
To satisfy the health requirements of a subclass 851 application you may need to undergo a health examination. This may be waived if you have already satisfied the health requirements for the grant of a TPV or SHEV.
The Department of Home Affairs requires that you must be of good character to live in Australia. This means you must meet the character requirements, and remain of good character. These requirements are set out under section 501 of the Migration Act 1958. For example, you may not meet the character requirements if your past or present criminal or general conduct shows that you are not of good character.
Is there any travel restrictions on a 851 Resolution of Status Visa
Holders of a Subclass 851 Resolution of Status Visa enjoy the benefits of permanent residency, including unrestricted travel in and out of Australia for the first five years. After this period, however, the travel permissions tied to the visa will expire. To re-enter Australia as a permanent resident beyond the initial five years, you will need to apply for a Resident Return Visa (RRV). Ensuring you stay informed about your travel rights and future visa requirements will help you maintain your residency status without interruptions.
Can you apply for an 851 visa if you’re currently unlawful
This depends on your particular situation. If you are currently an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, it is important to 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.
If you are unlawful because you entered Australia as an unauthorised maritime arrival then you will be ineligible, or if you’ve had a visa cancelled or refused you may fail the character test and also be ineligible for the 851 visa.
Benefits of using an Australian Migration Agent for your 851 visa application
Using an Australian Migration Agent for your Subclass 851 visa application can greatly improve your chances of success and streamline the application process. A registered migration agent offers expert guidance and ensures that all legal requirements are met.
Benefits include:
- Expert advice on eligibility and visa requirements.
- Accurate and timely preparation of application forms and supporting documents.
- Increased chances of success by avoiding common errors and omissions.
- Personalised support throughout the process
- Assistance with complex cases including unlawful status or unique circumstances.
An Australian Migration Agent’s expertise provides peace of mind and clarity in navigating Australia’s immigration system.
851 visa application costs in Australia
The Department of Home Affairs does not charge a fee for the Resolution of Status (subclass 8851) visa application. However, there are likely to be other costs associated with the application including, health examinations, police checks, and professional fees if a migration agent is utilised to assist with the application.
It is important to check the official Australian Department of Home Affairs website or consult a registered migration agent for the most up to date fee information and any additional costs that may apply to your specific situation.
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851 visa application processing times in Australia
Currently the Department of Home Affairs website does not provide any estimated or approximate processing time for this particular visa subclass. As a result, applicants are unable to reference a general timeframe for when their application might be processed or decided upon.
851 visa application considerations in Australia
When applying for the 851 Resolution of Status visa in Australia, applicants must ensure they meet several key criteria. The application requires proof of identity, health assessments, and character checks.
It's crucial to maintain valid visa conditions and meet the Australian Government’s requirements throughout the application process. Applicants should be aware of the 5-year travel facility granted under this visa, which can be extended only through a Resident Return Visa (RRV) after expiry. Consult with migration experts for tailored advice.
常见问题
Does the RoS visa allow applicants to sponsor their family to come to Australia?
Yes, you may be eligible to sponsor eligible family members for permanent residency through the family visa stream.
Are there travel restrictions on the resolution of status visa?
The 851 Resolution of Status visa allows multiple entries to Australia for 5 years. After this period, the travel facility expires, requiring an application for a Resident Return Visa (RRV) subclass 155 or 157 to re-enter Australia as a permanent resident.
Can I apply for a RoS visa if I’m unlawful?
It depends, if you are unlawful as a result of your current TPV/SHEV expiring, then your application for a 851 visa may be taken to be an application for a bridging visa. However, if you are currently unlawful due to entering as an unauthorised maritime arrival you may be ineligible.
What if my child is born here after my RoS application?
If you welcome a newborn while your visa application is still under consideration, the baby can be included in your application. It is crucial to notify the Department of the child’s birth promptly. You’ll need to provide a copy of the birth certificate and complete Form 1022 (Notification of changes in circumstances). Generally, children are granted the same visa held by their parents at the time of birth. However, if one parent is an Australian permanent resident or citizen at the time of the child’s birth, the baby may automatically acquire Australian citizenship.
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