Resolution of Status
(Subclass 851)
The permanent resolution of status visa allows certain visa holders, including Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) holders who arrived in Australia before 14 February 2023, to obtain permanent residency status.
The permanent resolution of status visa allows individuals to:
- Live, work, and study in Australia permanently
- Access benefits from Services Australia and Medicare
- Access short-term counseling 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 eligible, attend English language classes for free.
To be eligible for the permanent resolution of status visa, individuals must:
- Â Be in Australia at the time of application lodgement
- Be in Australia at the time of visa grant
- Meet the visa requirements including health, character, and security
It’s important to note that individuals with concerns regarding their eligibility for this visa can seek assistance from specialist community legal service providers listed in the Factsheet or contact the Department’s Status Resolution Service for guidance.
Overview
The Australian Government has fulfilled its election commitment to make Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders eligible to apply for a permanent Resolution of Status (RoS) visa.
Providing permanent residence to TPV and SHEV holders empowers them to move forward with their lives. It increases their ability to contribute to Australian society. Permanent residency will enable TPV/SHEV holders to:
- Gain secure employment
- Â Grow businesses
- Study more easily
- Sponsor eligible family members to Australia
- Â Eventually become an Australian citizen.
Anyone who has submitted a TPV or SHEV application before 14 February 2023 that has not been finally determined has had the existing application automatically converted to a RoS visa application. This includes subsequent TPV or SHEV applications.
Current TPV and SHEV holders who had not submitted a subsequent TPV or SHEV application before 14 February 2023 can apply for a RoS visa online via ImmiAccount. They must apply before their current TPV or SHEV ceases to remain lawful.
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. We expect that we will grant the majority of TPV/SHEV holders who meet the requirements for the grant of a RoS visa within 12 months of processing commencement.
If you have any concerns about your eligibility to apply for a RoS visa, you can contact specialist community legal service providers (listed in the Factsheet below). If you need assistance, you can also contact the Department’s Status Resolution Service for assistance.
With this visa, you can:
Upon being granted a Resolution of Status (RoS) visa, you gain the following privileges:
- Live, work, and study in Australia permanently
- Access government services such as Medicare and Centrelink services
- Access short-term counseling for torture and trauma
- Sponsor eligible family members for permanent residence through the family visa stream of the Migration Program
- Travel to and from Australia for 5 year
- If eligible, become an Australian citizen
- If eligible, attend English language classes for free
Requirements
All applicants are required to meet health, character, and security requirements. Applicants aged 18 or older must also sign the Australian Values Statement.
Additionally, you may be requested to provide further identity information or clarify existing information related to your identity. This may entail an interview in some cases. The Department will communicate with you if any additional information is necessary.
Converted TPV or SHEV applications
If you submitted an initial TPV or SHEV application prior to February 14, 2023, you do not need to apply for a RoS visa separately. If you meet the criteria for the TPV or SHEV, the Department will automatically convert your application to an application for a RoS visa. You will be notified if your RoS visa application is granted.
Likewise, if you already hold a TPV or SHEV and have applied for a subsequent TPV or SHEV before February 14, 2023, you do not need to apply separately for a RoS visa. The Department will convert your subsequent application to an application for a RoS visa, and you will be notified if your RoS visa application is approved.
Current TPV and SHEV holders (with no application before the Department)
Current TPV and SHEV holders who did not submit a subsequent TPV or SHEV application before February 14, 2023, have the option to apply for a RoS visa. It’s important to apply before your current TPV or SHEV expires.
To apply for a RoS visa, you must do so online through ImmiAccount. Online applications for a RoS visa will also include the notification of an application bar lift if applicable.
If you encounter any technical issues with ImmiAccount, you can seek assistance through the Technical Help service. If you still face difficulties, you can contact the Global Service Centre or reach out to a legal service provider in your state or territory for free assistance. You can find a list of these providers in the RoS visa factsheet.
In certain situations, we may authorize applicants to submit a paper application for a RoS visa, particularly if there are verified issues with ImmiAccount systems.
Extending your TPV or SHEV
If you are currently unlawful
If you are currently an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, 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.
How long can you stay
This is a permanent visa. It allows you to stay in Australia indefinitely.
You become an Australian permanent resident on the day your visa is granted.
For Australian citizenship purposes, your permanent residence begins on the day your visa is granted.
Including family members
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Newborn child
If a child is born after you’ve submitted your application but before a decision is made, you must promptly inform the Department of Home Affairs by completing Form 1022 Notification of change of circumstances. Additionally, you need to provide a clear color copy of the child’s original birth certificate. These documents should be attached in ImmiAccount or sent via email to the address provided in your RoS visa or subsequent TPV or SHEV application acknowledgement letter.
For children born in Australia, they will automatically be granted the same visa their parents hold at the time of the child’s birth. However, if either parent is an Australian citizen or permanent resident at the time of the child’s birth, the child may be eligible for Australian citizenship by birth. In such cases, an Australian citizenship certificate should be obtained and attached in ImmiAccount. For more information, refer to the “Get a citizenship certificate” section on the Department of Home Affairs website.
Cost
Apply from
Processing times
Your obligations
Travel
Visa label
Irregular travel to Australia
Eligibility
Meet the visa requirements
To apply for a Resolution of Status visa, you must have held (or formerly held, without cancellation) one of the following visas:
1. Temporary Protection visa (subclass 785) – and you arrived in Australia before February 14, 2023.
2. Safe Haven Enterprise visa (subclass 790) – and you arrived in Australia before February 14, 2023.
Starting from February 14, 2023, holders of TPV and SHEV who obtained their visas before this date are eligible to apply for a Resolution of Status (RoS) visa. You can submit your application online via ImmiAccount.
For individuals who submitted a TPV or SHEV application before February 14, 2023, and whose application has not been finalized, their existing application will automatically convert to a RoS visa application. This includes subsequent TPV or SHEV applications.
If you are currently holding a bridging visa and you lodged a valid application for a TPV or SHEV before February 14, 2023, the Department will convert your TPV or SHEV application to a Resolution of Status visa application. However, you must still meet the requirements for the grant of a TPV or SHEV.
Not be barred from lodging a Resolution of Status (RoS) visa application
To apply for a Resolution of Status (RoS) visa, you must ensure that you are not subject to any application bars, including the section 46A bar for Unauthorised Maritime Arrivals.
The online application form for a RoS visa includes a section where you can notify the Department if you are subject to a section 46A application bar. You must submit your application online via ImmiAccount, unless the Department has specifically authorized you to submit a paper application form and has informed you in writing about the lift of the application bar.
If you encounter difficulties while trying to lodge your application online, you can seek technical assistance. Additionally, you may contact legal service providers in your state or territory for free assistance if needed. You can find a list of these providers in the RoS visa factsheet.
Not previously had your most recent TPV or SHEV refused or cancelled
If your most recent Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV) was cancelled by the Department or if your application for a TPV or SHEV was refused and the decision was finalized, you cannot submit a valid application for a Resolution of Status (RoS) visa.
For individuals found not to have engaged Australia’s protection obligations and whose applications have been conclusively determined through merits and judicial review processes, the expectation is that they will depart Australia. In such cases, assistance may be provided to facilitate their departure.
However, if you believe you have new, credible protection claims arising from changes in your country of origin or personal circumstances, you may request Ministerial Intervention. It’s important to note that the Minister will only consider requests for intervention if they involve genuine and compelling claims that were not previously raised during the initial protection visa application or Tribunal review. If the Minister decides not to intervene, it’s expected that you will leave Australia when your current visa expires.
Meet our identity requirements
As part of your visa application process, you may be required to submit documents as evidence of your identity, nationality, or citizenship.
Additionally, you may be asked to provide biometrics, such as fingerprints and a digital photograph of your face, if you haven’t already provided them to the department.
If you receive a request to provide identity information and are unable to do so within the specified timeframe, you’ll have the opportunity to explain the reasons for the delay and the efforts you’ve made to obtain the necessary information. However, failure to genuinely attempt to establish your identity may result in your application being refused.
In cases where the department has substantial concerns regarding your identity, despite your response, they will assess whether you meet certain criteria before granting your visa. These criteria include:
1. Satisfying the criteria for the grant of a protection visa, including engaging Australia’s protection obligations.
2. Demonstrating compelling or compassionate reasons for being granted a Resolution of Status (RoS) visa. This could encompass various factors such as family circumstances, health needs, or a positive contribution to Australian society.
3. Being a member of the same family unit as a person who holds a RoS visa.
Meet our security requirements
As part of the Resolution of Status (RoS) visa application process, the Australian government will evaluate whether you meet the country’s security requirements for visa approval.
Meet our health requirements
You may be required to undergo health examinations as part of your Resolution of Status (RoS) visa application process. These examinations are intended to safeguard your health and the health of the Australian community. In some cases, the health requirements may be waived if you have already met the health requirements for the grant of a Temporary Protection visa (TPV) or Safe Haven Enterprise visa (SHEV).
The health examinations will be conducted by Bupa Medical Visa Services. Once you’ve lodged your visa application and if health examinations are necessary, you will be provided with a health identifier (HAP ID) and instructions on how to arrange your health examinations.
Meet our character requirements
Meeting certain character requirements is imperative for the Resolution of Status (RoS) visa application process. These requirements typically involve demonstrating good character and may include providing police clearance certificates from countries where you have lived for a certain period. It’s essential to adhere to these character requirements to ensure a successful visa application outcome.
Sign the Australian values statement
For applicants who are 18 years of age or older, it is a requirement to have read or had explained to them the “Life in Australia” booklet. Additionally, they must confirm their commitment to respecting the Australian way of life and obeying Australian laws by signing or accepting the Australian Values Statement. This affirmation is a crucial part of demonstrating readiness to integrate into Australian society and uphold its values.