Resolution of Status visa (subclass 851)

Sunday 5 November 2023

Introduction

The Resolution of Status (RoS) visa is a permanent visa that allows certain visa holders, including Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders, to resolve their immigration status in Australia. This article provides an overview of the RoS visa, its requirements, benefits, and application process.

Overview

The Australian Government has fulfilled its election commitment to make TPV and SHEV holders eligible to apply for a permanent RoS visa. This visa empowers TPV and SHEV holders to move forward with their lives, contribute to Australian society, and eventually become Australian citizens. The RoS visa provides permanent residence to TPV and SHEV holders, allowing them to gain secure employment, grow businesses, study more easily, and sponsor eligible family members to Australia.

Requirements

To be eligible for a RoS visa, applicants must meet certain requirements, including health, character, security, and identity requirements. All applicants aged 18 or over must sign the Australian Values Statement. The Department may request additional identity information or clarification during the application process. Applicants must also meet the eligibility criteria for the grant of a TPV or SHEV.

Application Process

The RoS visa application can be lodged online through ImmiAccount. Applicants must provide accurate information and attach relevant documents, including identity documents, passports, and any additional requested documents. Health examinations may be required, and applicants may need to undergo biometrics (fingerprint scans and a digital photograph). The Department will process the majority of RoS visa applications within a specified timeframe.

Benefits of the RoS Visa

With a RoS visa, applicants can live, work, and study in Australia permanently. They can access government services such as Medicare and Centrelink, as well as short-term counseling for torture and trauma if required. RoS visa holders can sponsor eligible family members for permanent residence through the family visa stream and travel to and from Australia for 5 years. If eligible, they can also become Australian citizens and attend English language classes for free.

Support and Assistance

Applicants can seek support and assistance from specialist community legal service providers listed in the RoS visa factsheet. These providers offer free legal assistance to RoS visa applicants. Migration agents, legal practitioners, and exempt persons can also provide immigration assistance, but only registered migration agents and legal practitioners can charge for their services.

Conclusion

The Resolution of Status visa provides TPV and SHEV holders with a pathway to permanent residency in Australia. It empowers them to build a secure future, contribute to Australian society, and eventually become Australian citizens. By meeting the visa requirements and following the application process, eligible applicants can obtain the RoS visa and enjoy its benefits, including the right to live, work, and study in Australia permanently.

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