851 Resolution of Status visa (subclass 851)

At a Glance

Item	Details
Visa name	Resolution of Status visa
Subclass	851
Stay	Permanent
Cost	Nil
Apply from	Australia only
Eligibility timing	Arrived before 14 February 2023
Eligible visa holders	TPV 785 or SHEV 790
Work rights	Work permanently
Study	Study permanently
Medicare	Access available
Travel facility	Five years from grant
Citizenship	Eligible after certain time
Family sponsorship	Sponsor eligible family members
Visa record	Digitally linked; no visa label
Processing times	Unavailable

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Purpose

The Resolution of Status (RoS) visa provides permanent residence for certain current or former:

• Temporary Protection visa (TPV) holders, subclass 785
• Safe Haven Enterprise visa (SHEV) holders, subclass 790

You become an Australian permanent resident on the day the visa is granted.

Eligibility

To make a valid application, you must:

• Hold, or have formerly held, a TPV or SHEV.
• Have first arrived in Australia before 14 February 2023.
• Be in Australia when you apply and when the visa is granted.
• Meet identity, health, character and security requirements.
• Not have had your visa cancelled by the Department.
• Not be barred from applying.
• If aged 18 or over, sign the Australian Values Statement.

You cannot make a valid application if your most recent TPV or SHEV was cancelled, or your TPV/SHEV application was refused and finally determined.

Existing TPV or SHEV applications

You do not need to apply for a RoS visa if:

• You applied for an initial TPV or SHEV before 14 February 2023; or
• You held a TPV or SHEV and applied for a subsequent TPV or SHEV before 14 February 2023.

The Department will convert the application to a RoS visa application if you meet the relevant TPV or SHEV criteria.

Current TPV or SHEV holders

If you had not submitted a subsequent TPV or SHEV application before 14 February 2023, apply online through ImmiAccount.

Apply before your current TPV or SHEV ceases. Otherwise, you may become unlawful and lose access to government services.

A valid RoS application extends a current TPV or SHEV until the RoS decision is made.

Application bars

You cannot apply while subject to an application bar. The online RoS application includes notification of a section 46A application bar lift for unauthorised maritime arrivals.

Paper lodgement is allowed only in limited circumstances, including verified ImmiAccount system issues, where authorised by the Department.

Stay and Rights

This is a permanent visa. You can:

• Live, work and study in Australia permanently.
• Access Medicare and eligible Services Australia benefits.
• Access short-term torture and trauma counselling, if required.
• Sponsor eligible family members through the family visa stream.
• Attend free English language classes, if eligible.
• Apply for Australian citizenship, if eligible.
• Receive Australian workplace-law protections.

For citizenship purposes, permanent residence starts on the visa grant date.

Family Provisions

Family members may apply on the same application, but each applicant must independently meet visa requirements.

Newborn children

If a child is born after lodgement and before a decision:

1. Complete Form 1022—Notification of change of circumstances.
2. Provide a clear colour copy of the original birth certificate.
3. Attach both documents in ImmiAccount or email them to the address in your acknowledgement letter.

A child born in Australia is automatically granted the same visa held by their parents at birth. If either parent was an Australian citizen or permanent resident at birth, the child is an Australian citizen by birth.

Documents and Evidence

Provide complete, truthful information. The Department may decide the application using the information lodged.

If requested, provide original and translated identity documents, such as:

• Current or expired passports, including all pages.
• Birth certificate.
• National identity card.
• Driver licence.
• Evidence of name changes.
• Other identity, nationality or citizenship evidence.

Attach documents in ImmiAccount. Non-English documents must be translated into English. Documents do not need certification.

If you cannot provide requested identity evidence, explain why and show reasonable steps taken to obtain it. Failure to make a genuine attempt to establish identity may result in refusal.

Do not provide previous TPV or SHEV claims or documents already held by the Department unless requested.

Character evidence

If requested, provide police certificates for every country where you lived for 12 months or more in the past 10 years after turning 16.

Do not obtain police certificates unless requested.

Health and biometrics

The Department may request:

• Health examinations, conducted by Bupa Medical Visa Services.
• Biometrics, if not previously provided.
• Additional identity information or an interview.

Health requirements may be waived if already met for a TPV or SHEV.

How to Apply

1. Check eligibility and your TPV or SHEV expiry date.
2. Prepare identity and other requested documents.
3. Log in or create an ImmiAccount.
4. Complete and submit the online RoS application.
5. Attach required documents.
6. Record the Transaction Reference Number.
7. Monitor ImmiAccount and respond by required dates.

The Department sends an acknowledgement letter after receiving the application.

You can save an online application, check its status, attach documents and update personal details through ImmiAccount.

After Applying

The Department may request more information. Respond by the specified date; otherwise, it may decide using available information.

Tell the Department promptly about changes to your:

• Name, address, phone number, email or passport.
• Marital or de facto status.
• Pregnancy or birth of a child.
• Death of an applicant family member.
• Representative or authorised recipient.
• Decision to withdraw the application.

Use Form 1023—Notification of incorrect answers to correct an application mistake.

If you agree to email communication, the Department can communicate more quickly. Postal communication may delay processing. Use Form 1193 to request email communication after lodging.

Processing

Processing times are unavailable.

Applications may take longer where the Department needs further information, including identity information. Cooperate with requests to help processing.

The Department cannot provide individual processing-status updates. Check ImmiAccount for requests for information.

Travel

You can leave and re-enter Australia for five years from the visa grant date, with no travel restrictions.

After the five-year travel facility expires, you need a Resident Return visa (subclass 155 or 157) to return to Australia as a permanent resident.

A RoS applicant must be in Australia for visa grant. If overseas when the visa is ready to be granted, you may be asked to return within 28 days. Failure to return may result in refusal.

Obligations

You and your family members must obey all Australian laws.

Keep the Department informed of relevant changes in your circumstances.

Visa Record and Proof

Your visa is digitally linked to your travel document or ImmiCard. You will not receive a visa label.

You and eligible family members can obtain an ImmiCard.

Use VEVO to check visa details and conditions.

Important Warnings

• There is no visa application charge.
• The Department does not charge to fast-track this visa.
• An offer to fast-track a visa for a fee is a scam.
• Apply before your TPV or SHEV expires.
• False, misleading or bogus identity information may result in refusal.
• Only registered migration agents and legal practitioners may charge for immigration assistance.

Free legal assistance is available to eligible applicants through specialist legal service providers. See the RoS visa fact sheet.