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Overview

The Australian Government has fulfilled its election commitment to make Temporary Protection visa (TPV) (subclass 785) and Safe Haven Enterprise visa (SHEV) (subclass 790) holders eligible to apply for a permanent Resolution of Status (RoS) (subclass 851) visa.

Providing permanent residence to TPV and SHEV holders empowers them to move forward with their lives and increases their ability to contribute to Australian society. Permanent residency will enable TPV/SHEV holders to gain secure employment, grow businesses, study more easily, sponsor eligible family members to Australia and eventually become an Australian citizen.

People who have submitted a TPV or SHEV application prior to 14 February 2023 that has not been finally determined, including any subsequent TPV or SHEV application, will have their existing application automatically converted to a RoS visa application.

We are committed to supporting the transition to a Resolution of Status visa for those who held or have applied for a TPV or SHEV before 14 February 2023. It is expected that the majority of TPV/SHEV holders who meet the requirements for the grant of a RoS visa will be granted within 12 months of processing commencement.

 

Requirements

All applicants will be required to meet health, character and security requirements, and any applicants aged 18 or over must sign the Australian Values Statement. There is no protection obligations assessment required for the RoS visa. An interview will not be required.

 

Converted TPV or SHEV applications

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 are found to meet the criteria for the TPV or SHEV, your application will be automatically converted to an application for a RoS visa. The Department will notify you if you have been granted a RoS visa.

If you hold a TPV or SHEV and have applied for a subsequent TPV or SHEV before 14 February 2023 you do not need to apply for a RoS visa. Your application has automatically been converted to an application for a RoS visa, and if you are found to meet the criteria for the RoS visa you will be granted a RoS visa. The Department will notify you if you have been granted a RoS visa.

 

Extending your TPV or SHEV

TPV or SHEV holders who make a valid application for a RoS visa will have their TPV or SHEV extended until a decision on the RoS visa has been made.

 

If you are currently unlawful

If you are currently an unlawful non-citizen (for example because your TPV or SHEV has expired) and you intend to apply for a RoS visa, please note that an application for a RoS visa is also taken to be an application for a bridging visa.

 

Cost

Nil

 

Apply from

You must be in Australia when you apply for the visa. For more info click on link: https://immi.homeaffairs.gov.au/Visa-subsite/Pages/other-visas/851-RoS.aspx#Overview

 

Processing times

The majority of the caseload will be processed within 12 months of processing commencement.

You can assist us in finalising your application by responding to any requests from us within the specified timeframes.

 

Eligible criteria

To make a valid application for a Resolution of Status visa, you must be a holder (or former holder, and your visa was not cancelled) of one of the below visas:

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

From 14 February 2023, TPV and SHEV holders who held their TPV or SHEV before this date are eligible to apply for a RoS visa, once the relevant application bar has been lifted. Most TPV and SHEV holders will be able to apply online from late March 2023 (details on how to apply will be available on this website).

People who have submitted a TPV or SHEV application prior to 14 February 2023 that has not been finally determined, including any subsequent TPV or SHEV application, will have their existing application automatically converted to a RoS visa application.

If you currently hold a bridging visa and you made a valid application for a TPV or SHEV before 14 February 2023, your TPV or SHEV application will be converted to a Resolution of Status visa application if you are found to satisfy the requirements for the grant of a TPV or SHEV. For more info click on link:https://immi.homeaffairs.gov.au/Visa-subsite/Pages/other-visas/851-RoS.aspx#Eligibility

Source of the information: DOH website

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