Overview
The Resolution of Status (RoS) visa (subclass 851) is a permanent visa that allows specific individuals who arrived in Australia to seek protection to live, work, and study in the country indefinitely. While this visa has historically existed for various protection-related scenarios, its primary function today is to provide a pathway to permanent residency for people who previously held temporary protection-style visas.
This pathway is specifically designed for those who have already been found to be refugees or to meet complementary protection criteria but were restricted to temporary status due to previous maritime arrival policies. It effectively converts temporary protection into a permanent legal status, ending the cycle of three- or five-year visa renewals.
Rights as a Resolution of Status (Subclass 851) Holder
Once granted, the Subclass 851 visa provides you with the same rights as any other permanent resident of Australia.
- Permanent Residency: You have the right to stay in Australia indefinitely.
- Work and Study: You have full rights to work in any occupation and study at any educational institution. You may be eligible for government-subsidized "Commonwealth Supported Places" and HECS-HELP loans for university.
- Healthcare: You are entitled to enroll in Medicare, Australia’s public healthcare system.
- Social Security: You may access Centrelink payments and services, though some waiting periods may apply depending on your specific circumstances.
- Travel: You can travel to and from Australia for five years from the date the visa is granted. After five years, you will need a Resident Return Visa (RRV) to re-enter the country.
- Family Reunification: You can sponsor eligible family members for permanent residence through the Australian Migration Program.
- Path to Citizenship: You can apply for Australian Citizenship once you meet the residency and eligibility requirements (usually four years of lawful residence, including the last 12 months as a permanent resident).
- Free English Tuition: You may be eligible for English language classes through the Adult Migrant English Program (AMEP).
Eligibility Quiz
Do you currently hold a Temporary Protection Visa (TPV) (subclass 785) or a Safe Haven Enterprise Visa (SHEV) (subclass 790)?
Key Developments
The Migration Amendment (Resolution of Status Visa Additional Cohort) Regulations 2023 expanded eligibility to include certain individuals who were previously ineligible due to specific visa refusal or cancellation history.
legislation.gov.au ↗The Migration Amendment (Resolution of Status Visa) Regulations 2023 introduced a new identity measure allowing the Department to grant the visa despite identity concerns if the applicant has a compelling reason or engages protection obligations.
legislation.gov.au ↗The Australian Government established the Resolution of Status (subclass 851) visa as a permanent pathway for approximately 19,000 Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) holders.
immi.homeaffairs.gov.au ↗