Resolution of Status (Subclass 851)

AustraliaHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is a status-resolution/conversion mechanism, not a new asylum claim or resettlement pathway: the Resolution of Status (RoS) visa converts eligible temporary protection holders into permanent residents, allowing the permanent resolution of status for certain visa holders, including Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders who first arrived in Australia before 14 February 2023.

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Overview tab
This visa allows for the permanent resolution of status for certain visa holders, including TPV and SHEV holders who arrived in Australia before 14 February 2023.
Overview tab — Stay
Permanently

Which population, circumstances or geographic group does the mechanism cover?

It covers current or former holders of a Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790) who first arrived in Australia before 14 February 2023, provided the department has not cancelled that visa and their most recent TPV or SHEV was not refused or cancelled.

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Eligibility tab — Meet the visa requirements
Temporary Protection visa (subclass 785) – and you first arrived in Australia before 14 February 2023 Safe Haven Enterprise visa (subclass 790) – and you first arrived in Australia before 14 February 2023.
Eligibility tab — Meet the visa requirements
The department must not have cancelled your visa.
Eligibility tab — Not previously had your most recent TPV or SHEV refused or cancelled
If we cancelled your most recent TPV or SHEV, or your TPV or SHEV application was refused and finally determined, you cannot make a valid application for a Resolution of Status visa.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

For many eligible TPV/SHEV holders no separate application is needed: an initial or subsequent TPV/SHEV application lodged before 14 February 2023 is automatically converted to a RoS visa application. Others must apply online via ImmiAccount before their TPV or SHEV expires, and cannot do so while subject to an application bar (such as the section 46A bar for Unauthorised Maritime Arrivals) unless that bar has been lifted; a paper application is authorised only in limited circumstances.

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Eligibility tab — Meet the visa requirements
From 14 February 2023, TPV and SHEV holders who held their TPV or SHEV before this date are eligible to apply for a Resolution of Status (RoS) visa. You can apply online via ImmiAccount.
Eligibility tab — Meet the visa requirements
If you applied for an initial TPV or SHEV before 14 February 2023 you do not need to apply for a RoS visa. If you meet the criteria for the TPV or SHEV, we will convert your application to a RoS visa application.
Eligibility tab — Not be barred from lodging a Resolution of Status (RoS) visa application
You cannot make a valid RoS visa application while you are subject to an application bar. This includes the section 46A bar for Unauthorised Maritime Arrivals.
Overview tab
To apply for a RoS, you must apply before your TPV or SHEV expires. If your visa expires, you will become unlawful and may lose access to government services.

What happens after the request: registration, family handling, major support and rights where officially stated?

During processing, the applicant may need to provide identity documents and biometrics, must meet security and character requirements, and must sign the Australian Values Statement if 18 or older. Health examinations may be required but can be waived if already satisfied for the TPV or SHEV grant; if new identity concerns arise, the department will check whether the applicant would satisfy protection-visa criteria, has a compelling or compassionate reason, or is a family member of a RoS holder. Someone found not to engage protection obligations, with their case finally determined, is expected to depart Australia, though genuine new protection claims can be raised through Ministerial Intervention.

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Eligibility tab — Meet our identity requirements
We may also ask you to provide biometrics (a scan of your fingerprints and a digital photograph of your face) as part of your application, if you have not provided them to us before.
Eligibility tab — Meet our health requirements
We may waive the health requirements if you have already satisfied the health requirements for the grant of a TPV or SHEV.
Eligibility tab — Not previously had your most recent TPV or SHEV refused or cancelled
We expect that people found not to engage protection obligations and, whose application has been finally determined by any merits and judicial review processes, will depart Australia.
Eligibility tab — Not previously had your most recent TPV or SHEV refused or cancelled
If you have new, credible protection claims relating to changes in your country of origin or personal circumstances, you may request Ministerial Intervention.

Which competent authority, UN body or official assistance channel should the person use?

Free application assistance is available through legal service providers in each state or territory (listed in the RoS visa factsheet) and through the Department's Status Resolution Service. The page carries an explicit scam warning: the Department of Home Affairs does not charge a fee to fast-track a visa, and anyone offering that service is running a scam.

See recorded sources

Overview tab
If you hold a Temporary Protection visa (TPV) or Safe Haven Enterprise visa (SHEV) you can contact the legal service provider in your state or territory.
Overview tab
The Department of Home Affairs does not charge a fee to fast-track a visa. If you are offered this service, it is a scam.
Overview tab — Check your eligibility
Persons with any concerns regarding their eligibility to apply for a RoS visa can contact specialist community legal service providers (listed in the Factsheet). They can also contact the Department's Status Resolution Service for assistance.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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Resolution of Status (Subclass 851)

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Which population, circumstances or geographic group does the mechanism cover?

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

What happens after the request: registration, family handling, major support and rights where officially stated?

Which competent authority, UN body or official assistance channel should the person use?

Your story.Your next step.

Your story.
Your next step.