Protection visa
(subclass 866)
The Protection Visa (subclass 866) is designed for individuals who have arrived in Australia on a valid visa and are seeking asylum. This humanitarian visa provides a pathway for those who, upon meeting Australia’s protection obligations and fulfilling additional requirements, aim to secure permanent residency. As recipients of this visa engage with Australia’s commitment to safeguarding individuals in need, they gain the opportunity for a secure and enduring stay in the country. The Protection Visa acknowledges the unique circumstances of those seeking refuge and offers a permanent solution for individuals facing compelling and legitimate reasons for seeking asylum in Australia.
Qualification Criteria for Protection Visa (subclass 866):
To be eligible for the Protection Visa (subclass 866), applicants must meet the following conditions:
- Engage Australia’s protection obligations.
- Have arrived legally in Australia on a valid visa.
- Satisfy all other visa requirements, including health, character, and security assessments.
Application Fee:
The cost for applying for the Protection Visa is $40 AUD.
Processing Duration:
The processing time for this visa type varies due to the intricate nature of the application process. While efforts are made to conclude protection visa applications promptly, the complexity involved may necessitate a considerable duration. Applicants are encouraged to facilitate the process by providing accurate information and promptly responding to requests from immigration authorities. Delays may occur if applications are incomplete, essential documents are missing, additional information is required, or if responses to requests are not timely. The cooperation of applicants is crucial in expediting the overall processing time.
Residency Duration:
This visa grants permanent residency, allowing indefinite stay in Australia. The commencement of Australian permanent resident status is effective from the day the visa is granted, marking the initiation of the journey toward potential Australian citizenship.
Protection Visa (subclass 866) Overview:
The Protection Visa (subclass 866) offers a temporary refuge for individuals seeking asylum in Australia, allowing them to pursue protection as long as their circumstances align with Australia’s protection obligations. These obligations prevent the return of individuals to their home country if there is a risk of harm, defining a refugee as someone outside their country of nationality or former habitual residence, fearing persecution based on factors like race, religion, nationality, membership in a particular social group, or political opinion. This visa provides permanent residence, enabling individuals to live, work, and study in Australia, access government services, sponsor eligible family members, travel to and from Australia for five years, become Australian citizens if eligible, and attend English language classes at no cost if eligible.
See related: Temporary Protection visa (subclass 785)
Visa Limitations: Travel Condition 8559
The Protection Visa – Subclass 889 is subject to Travel Condition 8559, which imposes specific travel restrictions. This condition pertains to the visa holder and their family unit, prohibiting entry into the country or countries from which Australian protection was granted, unless prior written approval is obtained. Approval for travel will only be granted in exceptional cases involving compassionate or compelling circumstances that sufficiently justify the need for travel. This condition serves to regulate and ensure that travel from the protected country is undertaken only under warranted and exceptional circumstances.
Application Guidelines for Protection Visa (Subclass 866):
To apply for the Protection Visa – Subclass 866, both the primary applicant and any included family members must be physically present in Australia at the time of lodging the application. Eligible family members, including the spouse or de facto partner of the family head, dependent children or step-children of the family head and their partner, along with other dependent relatives, can apply together under the same application, provided they meet the eligibility criteria and are present in Australia during the application process. Navigating the intricacies of the Protection Visa – Subclass 866 application can be challenging, but VisaEnvoy is equipped to assist individuals seeking protection in Australia through this complex process.