The Department of Home Affairs has announced that the Australian Government has made a decision to provide a pathway towards permanent residency for Temporary Protection Visa holders (subclass 785) and Safe Haven Enterprise Visa holders (subclass 790).
Individuals under these visa subclasses that meet the requirements can now apply for a Resolution of Status Visa (subclass 851) from 14 February 2023 onwards.
Individuals that have submitted their 785 and 790 visa applications prior to 14 February 2023 and are still awaiting a decision from the Department of Home Affairs will have their application automatically converted to Resolution of Status Visa (subclass 851).
The concept of temporary protection visa (subclass 785) and safe haven enterprise visa (subclass 790) is to provide assistance to refugees that were found in threat in their home countries claiming protection in Australia.
Subclass 851 visa was created to support individuals who met the requirements to be a refugee as set under the Migration Act 1958. By holding this visa, individuals can work, live, travel, study, have access to welfare and Medicare systems in Australia.
The idea is that individuals under this visa could settle and contribute to the Australian society and economy by having the same rights and entitlements as the other permanent residents visa holders.
The general Requirements for Resolution of Status Visa (subclass 851) from 14 February 2023 are:
Hold a Temporary Protection visa (subclass 785) and you first arrival in Australia was before 14 February 2023
Hold a Safe Haven Enterprise visa (subclass 790) and you first arrival in Australia before 14 February 2023
Have applied for Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790) before 14 February 2023 and are still waiting the decision outcome from the Department of Home Affairs;
Meet health and character requirements;
Meet security requirements;
Individuals must not be barred from applying due to a previous visa refusal or cancellation.
There are no Government Fees applied to the Resolution of Status Visa (subclass 851).
Everyone has their own circumstances for claiming protection, asylum, and refuge. If you have any further questions in relation to your eligibility for Resolution of Status Visa (subclass 851), please contact us through (02) 9189 2988 or