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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.
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:
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.
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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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.
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.
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.
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.
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:
Check your eligibility against the criteria to ensure that you meet the requirements. Ensuring that you have all the important documents will speed up the process of application. Consultation You may wish to consult with an Australian Migration Lawyer to ensure that will assist you with application. Our team is available to make sure your documents are well prepared, and assist you in responding to any information requests from the Department. Once your application is complete, it can be submitted online via your ImmiAccount, or on paper through the mail. You will receive confirmation of your submission from the Department.
After you have submitted, you may be contacted and required to undergo a health examination. However, this will be waived if you already completed an assessment for your SHEV/TPV. You may also receive a request for additional information. It is important to read these requests carefully and respond in a timely manner. Our team of Australian Migration Lawyers is available to assist you with this process.
Whilst visa processing times are unpredictable, the Department of Home Affairs suggests that they are attempting to convert all existing SHEV/TPV to RoS by early 2024. If your application is approved, then you will be awarded an RoS visa and will have permanent residence in Australia indefinitely.
If your visa application is refused, you may have the opportunity to have the decision reviewed by Australia’s administrative review tribunal. There is a high percentage of decisions that are remitted upon review, meaning that the visa remains refused. This shows the importance of engaging a lawyer to represent you at the tribunal.
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most commonly asked questions about the 851 Visa
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.
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.
Tell us a little about your situation, and one of our migration lawyers will get back to you as soon as possible.