Confirmatory (Residence) visa (subclass 808)

Sunday 5 November 2023

Confirmatory (Residence) visa (subclass 808)

This information is for former holders of Norfolk Island entry permits. The Confirmatory (Residence) visa (subclass 808) allows you to remain in Australia indefinitely as a permanent resident. You have the freedom to travel overseas and return to Australia until the travel component of your visa expires.

Process

In order to be eligible for the Confirmatory (Residence) visa (subclass 808), you must meet the following criteria:

Be a former holder of a Norfolk Island immigration temporary, general, or unrestricted entry permit, or be the dependent child of a former permit holder
Meet the residence requirement in Norfolk Island, or elsewhere in Australia if you are a dependent and studying
Submit a visa application before 1 January 2024, unless there are compelling reasons for granting the visa

If you require assistance with your visa application, make sure to read the information on who can help with your visa application before paying anyone.

With this visa, you can:

Remain in Australia indefinitely
Live and work in Australia as a permanent resident
Travel to and from Australia for 5 years from the date the visa is granted

This visa grants you permanent residency in Australia. You have the freedom to live and work in the country without any restrictions. Additionally, you can travel to and from Australia for a period of 5 years from the date your visa is granted.

Visa Arrangements for Norfolk Island Residents and Former Entry Permit Holders

The Norfolk Island Immigration Act 1980 has been repealed and Norfolk Island has been integrated into the Australian migration zone. To ensure that Norfolk Island residents and former entry permit holders are not disadvantaged by this change, transitional visa arrangements have been made. These arrangements offer non-citizen permit holders and residents rights and benefits comparable to those they had under the repealed act.

If you were a permanent resident of Norfolk Island under the Norfolk Island Immigration Act 1980, you are considered to have been granted the Confirmatory Residence visa (subclass 808). If you held a temporary entry permit, general entry permit, or an unrestricted entry permit under the repealed act, you are considered to have been granted a Provisional Resident return visa (subclass 159). New Zealand citizens who held an unrestricted entry permit under the repealed act are considered to have been granted a Special Category visa (subclass 444).

Who Can Apply for This Visa

You may be eligible to apply for the Confirmatory (Residence) visa (subclass 808) if you are a former holder of a Norfolk Island immigration permit and on 30 June 2016:

You held a temporary entry permit, general entry permit, or an unrestricted entry permit under the repealed Norfolk Island Immigration Act 1980, or
You did not hold a temporary entry permit, general entry permit, or an unrestricted entry permit, but you held an unrestricted entry permit prior to 30 June 2016 and were ordinarily resident in Norfolk Island at that time, or
You were born outside Norfolk Island and did not hold a temporary entry permit, general entry permit, or an unrestricted entry permit on or before 30 June 2016

If you are a dependent child, you may be able to apply for this visa as a secondary applicant if you meet certain criteria. The residence requirement for this visa is that you must have been lawfully present in Norfolk Island for at least 5 of the 7 years immediately before applying, or you must have been lawfully present elsewhere in Australia for the purpose of study and meet specific requirements.

With This Visa, You Can

Remain in Australia indefinitely
Live and work in Australia as a permanent resident

As a holder of the Confirmatory (Residence) visa (subclass 808), you have the right to stay in Australia indefinitely and enjoy the benefits of permanent residency. You can live and work in Australia without any restrictions.

Travel to and From Australia for 5 Years

This visa allows you to travel to and from Australia as many times as you want for 5 years from the date it is granted. If you wish to travel after the initial 5-year travel facility, you will need to apply for and be granted a Resident Return visa (RRV) to re-enter Australia as a permanent resident. You may also consider applying for Australian citizenship, which would eliminate the need for a visa to enter Australia.

How Long You Can Stay

The Confirmatory (Residence) visa (subclass 808) allows you to remain in Australia indefinitely as a permanent resident. Your permanent residence starts on the day we grant the visa if you are in Australia, or on the day you enter Australia on this visa if you are outside Australia.

Cost

The cost of the Confirmatory (Residence) visa (subclass 808) starts from [INSERT COST]. Please refer to the official Department of Home Affairs website for the most up-to-date information on visa fees.

Applying for the Visa

You can apply for the Confirmatory (Residence) visa (subclass 808) either from outside Australia or in Australia. If applying from outside Australia, submit your application by post to the Norfolk Island Visa Application Department of Home Affairs. If applying in Australia, you may be eligible for a Bridging visa that allows you to stay in Australia lawfully while your application is processed.

Processing Times

For an indication of processing times for the Confirmatory (Residence) visa (subclass 808), please use the visa processing time guide tool. Please note that the processing times provided are a guide only and may vary depending on individual circumstances.

Your Obligations

As a holder of the Confirmatory (Residence) visa (subclass 808), you must meet all visa conditions and follow Australian laws.

Visa Label

Your visa will be digitally linked to your passport. You will not receive a label in your passport.

Formerly Held a Norfolk Island Entry Permit

If you previously held a temporary entry permit, general entry permit, or an unrestricted entry permit on or before 30 June 2016, you may be eligible to apply for the Confirmatory (Residence) visa (subclass 808). Similarly, if you held an unrestricted entry permit prior to 30 June 2016 and were ordinarily resident in Norfolk Island at that time, you may also be eligible.

Dependent Children

If you are a dependent child of a former holder of a temporary entry permit, general entry permit, or an unrestricted entry permit, you may be eligible to apply for the visa. The eligibility criteria for dependent children vary depending on the circumstances, such as whether you were born outside Norfolk Island or in Australia.

Live Lawfully in Norfolk Island for 5 of 7 Years Prior to Applying

To be eligible for the Confirmatory (Residence) visa (subclass 808), you must have been lawfully present in Norfolk Island for at least 5 of the 7 years immediately before applying. If you have not met this residence requirement, you may still be eligible if you have been lawfully present elsewhere in Australia for the purpose of study and meet specific criteria.

Meet the Character Requirement

As part of the visa application process, you must meet the character requirement set by the Department of Home Affairs.

Health Exams

If you previously held a Provisional Resident return visa (subclass 159) and had health exams conducted to a permanent visa standard, you may not need to repeat them. However, for all other applicants, including children born in Australia to subclass 159 visa holders, health exams may be required.

Not Have Had a Visa Cancelled or a Previous Application Refused

Your immigration history will be taken into consideration when making a decision on your visa application. If you have had a visa cancelled or a previous application refused, you may not be eligible for the Confirmatory (Residence) visa (subclass 808). However, there are certain circumstances in which you may still be able to apply for a permanent visa. It is important to seek immigration assistance if you require further clarification.

Before You Apply

Before applying for the Confirmatory (Residence) visa (subclass 808), ensure that you have a valid passport. If you plan on getting a new passport, it is recommended to do so before submitting your visa application. Keep your passport details updated with the Department of Home Affairs.

Get Help with Your Application

If you require assistance with your visa application, you can appoint a registered migration agent, legal practitioner, or exempt person to provide immigration assistance. Make sure to complete the necessary forms and send them along with your application.

Gather Your Documents

When applying for the Confirmatory (Residence) visa (subclass 808), you will need to provide supporting documents to prove the claims you make in your application. Make sure to have all the necessary documents ready to reduce any delays in processing.

Provide Accurate Documents

It is important to provide accurate information and ensure that all documents are true and correct. Failure to do so may result in delays or refusal of your visa application.

Identity Documents

Provide certified copies of the biographical pages of the current passports or travel documents of all individuals included in the application. Also provide any national identity cards or proof of change of name if applicable.

Character Documents

Depending on your circumstances, you may be required to provide police certificates to meet the character requirement. The Department of Home Affairs will inform you if and when you need to obtain these certificates.

Accessing Your Records

As a former holder of a Norfolk Island immigration permit, your immigration record will be included in Norfolk Island immigration records. The Department of Home Affairs is authorized to access these records for the purpose of making a decision on your visa application. However, additional information may still be requested from you. For more information, refer to the Explanatory Statement.

Dependent Child

If you are applying for the visa as a dependent child, you will need to provide a certified copy of your birth certificate. If you have been living elsewhere in Australia while studying, you will also need to provide a certificate of school attendance during the period of your absence from Norfolk Island.

Tell Us You Are Getting Help

If you have appointed someone to provide immigration assistance or receive documents on your behalf, make sure to notify the Department of Home Affairs in writing using the appropriate forms.

Prepare Your Documents

If any of your documents are in a language other than English, they must be translated into English by an accredited translator. The translation should include the full name, address, telephone number, qualifications, and experience of the translator.

Apply for the Visa

Complete the application form for the Confirmatory (Residence) visa (subclass 808) and submit it either by post or online, depending on your location. If applying from outside Australia, submit your application by post to the Norfolk Island Visa Application Department of Home Affairs. If applying in Australia, you may be eligible for a Bridging visa that allows you to stay in Australia lawfully while your application is processed.

After You Apply

After submitting your application, the Department of Home Affairs will acknowledge receipt of your application and documents.

What Will Happen After You Apply

The Department of Home Affairs will inform you in writing if your visa is granted. You will be provided with the start date of your visa, the visa grant number, and any conditions attached to the visa. If the visa is not granted, you will be informed of the reasons for refusal, your review rights (if any), and the time limit for seeking review.

Coming to Australia

Before you leave for Australia, make sure you have a valid visa and a valid passport or travel document.

Check Your Travel Documents

Prior to departure, ensure that you have a valid visa to enter Australia and a valid passport or other travel document.

At the Border

Upon arrival in Australia, complete the Incoming Passenger Card provided onboard the aircraft. This card is required for all individuals entering Australia.

Leaving the Airport Faster

SmartGate is an automated process that uses facial recognition technology and ePassport. By using SmartGate, you may be able to leave the airport faster.

In Australia

What You Can Do When You Have This Visa

As a holder of the Confirmatory (Residence) visa (subclass 808), you have the following rights and entitlements:

Stay in Australia indefinitely
Work and study in Australia
Enroll in Australia's public health care scheme, Medicare
Sponsor eligible relatives to come to Australia
Travel to and from Australia while your visa is valid
Apply for Australian citizenship, if eligible

What You Must Do on This Visa

As a holder of the Confirmatory (Residence) visa (subclass 808), you must obey all Australian laws.

Tell Us If Things Change

If there are any changes to your phone number, email, address, or passport, or if you wish to withdraw your application, make sure to notify the Department of Home Affairs.

Travel to and From Australia for 5 Years

You can travel to and from Australia as many times as you want for 5 years from the date your visa is granted. If you wish to travel after the initial 5-year travel facility, you will need to apply for and be granted a Resident Return (RRV) visa to re-enter Australia as a permanent resident. Alternatively, you may consider applying for Australian citizenship, which would eliminate the need for a visa to enter Australia.

Proving You Have a Visa

To prove that you have a visa and show your visa conditions to someone, you can use the Visa Entitlement Verification Online (VEVO) system. You can also request your international movement records to obtain proof of your travel in and out of Australia.

Working

As a holder of the Confirmatory (Residence) visa (subclass 808), you are protected by Australian workplace laws. Make sure to familiarize yourself with your workplace rights and entitlements.

Bringing a Family Member

If you are an Australian permanent resident, you may be able to sponsor eligible family members to come to Australia. Explore the visa options available for your family members.

Becoming an Australian Citizen

After a certain period of time, you may be eligible to apply for Australian citizenship. Find out more about the requirements and process for becoming an Australian citizen. Your permanent residence starts on the day your visa is granted if you are in Australia, or on the day you enter Australia on this visa if you are outside Australia.

Leaving Australia

Before You Leave

Prior to leaving Australia, make sure you have a valid passport or other travel document.

Ensure Your Visa Is Still Valid

Check the conditions and expiry of your Resident Return visa in VEVO to ensure that your visa is still valid. If your visa has expired or is about to expire, take the necessary steps to address the situation.

At the Border

Leaving the Airport Faster

SmartGate is an automated process that uses facial recognition technology and ePassport. By using SmartGate, you may be able to leave the airport faster.