866 Protection visa (subclass 866)

At a Glance

Item	Details
Visa name	Protection visa (subclass 866)
Purpose	Permanent protection in Australia
Stay	Permanent; indefinite stay
Cost	AUD50.00
Apply from	Australia only
Eligibility timing	Arrived lawfully with valid visa
Work rights	Work permanently
Study	Study permanently
Medicare	Access available
Travel facility	Five years from grant
Citizenship	Eligible after certain time
Family sponsorship	Offshore Humanitarian Program
Visa record	Digitally linked; no label
Processing	Times unavailable
Key condition	Condition 8559 applies

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Purpose

This visa is for people who arrived in Australia on a valid visa and seek asylum. It allows permanent stay where Australia’s protection obligations are engaged and all visa requirements are met.

Eligibility

You must:

• Be in Australia when applying.
• Have arrived while holding a visa in effect and been immigration cleared on arrival.
• Be a refugee or meet complementary protection criteria, or be a member of the same family unit of someone who does.
• Meet identity, health, character and security requirements.
• Complete health examinations when instructed.
• Provide biometrics if requested.
• Sign the Australian Values Statement if aged 18 or over.

You cannot make a valid application if you are an unauthorised maritime arrival or were not immigration cleared on your last entry.

You cannot make a valid permanent protection application if, since your last arrival, you have had a protection visa refused or cancelled. The Minister may lift this bar if in the public interest.

You must not hold, or have ever held:

• Temporary Protection visa (subclass 785)
• Temporary Safe Haven visa (subclass 449)
• Temporary (Humanitarian Concern) visa (subclass 786)
• Safe Haven Enterprise visa (subclass 790)

Stay and rights

The visa is permanent. You become an Australian permanent resident on the grant date.

You can:

• Live, work and study in Australia permanently.
• Access services such as Medicare and Centrelink.
• Access free English classes if eligible.
• Sponsor eligible family members for permanent residence through the offshore Humanitarian Program.
• Apply for Australian citizenship if eligible.

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

Family members

Members of the same family unit may apply together if they are in Australia and eligible.

This may include:

• A spouse or de facto partner.
• Dependent children or step-children.
• Other dependent relatives.

A dependent child is generally under 18. A child aged 18 or over may qualify if incapacitated for work or wholly or substantially reliant on a parent or step-parent. A child who is married, engaged, or in a de facto relationship is not considered dependent.

Other dependent relatives must have no spouse or de facto partner, usually live with the family head, and be wholly or substantially reliant on them.

After lodgement, only a spouse/de facto partner or dependent child may be added, if they are in Australia, eligible, and no decision has been made. Use Form 1436 and attach relationship evidence in ImmiAccount.

A child born after application but before decision is taken to be included unless an Australian citizen at birth. Notify the Department promptly using Form 1022 and the child’s birth certificate.

Cost and processing

The visa application charge is AUD50.00.

Processing times are unavailable. Applications may take longer if they are incomplete, documents are missing, further information is needed, requests are not answered promptly, or information requires verification.

The Department may decide the application using the information provided at lodgement.

Documents and evidence

Provide colour scans or photographs of original documents and English translations. Non-English documents must be translated into English. Documents do not need certification when lodged online.

Relevant evidence may include:

• Current and expired passports, including all pages.
• Birth certificate, national identity card or driver licence.
• Evidence of name changes.
• Documents supporting identity, nationality or citizenship.
• A written explanation if identity or travel documents are unavailable.
• Documents supporting protection claims.
• Relationship and dependency evidence for family members.
• Military service or discharge records.
• Copies of visas and residence permits held.

Police certificates are required from each country where an applicant lived for 12 months or more in the past 10 years after turning 16, except the country from which protection is claimed. Do not arrange police certificates until requested.

Your application must fully explain your protection claims, including why you cannot return, harm experienced or feared, who caused it, whether authorities can protect you, and whether safe relocation is possible.

How to apply

Protection visa applications must be lodged online through ImmiAccount.

1. Check eligibility and prepare complete, truthful information.
2. Create or log into ImmiAccount.
3. Complete the online application.
4. Attach supporting documents.
5. Pay the application charge.
6. Keep the Transaction Reference Number (TRN).
7. Check ImmiAccount for requests and updates.

You are responsible for claims in the application, including where a representative prepares it. Do not sign blank pages or documents.

Only registered migration agents, legal practitioners, or exempt persons may provide immigration assistance. Use Form 956 for immigration assistance or Form 956A for an authorised recipient.

After applying

The Department will send an acknowledgement letter after receiving the application.

You may be granted a bridging visa to remain lawful while the application is processed. The bridging visa type and work rights depend on individual circumstances.

You and included family members in Australia may need to provide fingerprints and a facial photograph. If you do not provide required biometrics, the application will be invalid. Any bridging visa granted may end 35 days after notification of invalidity.

The Department may request health examinations, further information, or an interview. Most protection interviews are by videoconference.

Provide further information at least 5 working days before an interview where possible. If you miss an interview, the Department may decide the application on available information.

Notify the Department of changes to contact details, passport, name, relationship status, pregnancy, birth or death in the family, or withdrawal intentions. Use Form 1023 to correct incorrect answers.

Obligations and important warnings

You and your family members must obey Australian laws.

You must provide truthful and complete information. False or misleading information may lead to refusal, criminal penalties, or visa cancellation.

If the visa is refused, the Department will advise reasons and any Administrative Review Tribunal review rights. The application charge is not refunded. If you have no other visa and no right to remain, you must depart Australia or may be removed.

Travel

You may travel to and from Australia for 5 years from grant. After that, you need a Resident Return visa (subclass 155 or 157) to return as a permanent resident.

Travel condition 8559 applies. You and family members must not enter the country or countries from which protection was granted unless the Department gives written approval before travel. Approval is only available for compassionate or compelling circumstances.

Entering without written approval may breach condition 8559 and may result in cancellation of your visa and family members’ visas.

The Department recommends not using a passport or travel document issued by your country of nationality. Doing so may indicate you no longer need protection and may result in visa cancellation.

Before travel, check visa travel details in VEVO and consider applying for an Australian travel document.

Visa evidence

The visa is digitally linked to your travel document or ImmiCard; no visa label is issued.

You and eligible family members can obtain an ImmiCard. Use VEVO to prove visa status and conditions.