The Australian Government has made Subclass 785 Temporary Protection visa (TPV) and Subclass 790 Safe Haven Enterprise visa (SHEV) holders eligible to apply for a permanent visa.
If you have held or applied for a Subclass 785 Temporary Protection visa (TPV) or a Subclass 790 Safe Haven Enterprise visa (SHEV) before 14 February 2023 you may be eligible for a permanent Subclass 851 Resolution of Status (RoS) visa.
If you do not engage protection obligations, you are not awaiting a merits or judicial review outcome, and you have exhausted all avenues to remain in Australia, you are expected to depart Australia voluntarily and may be provided assistance to depart.
Irregular travel to Australia
The Government is committed to Operation Sovereign Borders. Australia’s border protection policies have not, and will not, change. Any person who attempts to travel to Australia irregularly will not settle permanently here.
Anyone who attempts to travel to Australia by boat without a valid visa will be either:
Australia’s tough border protection policies aim to protect Australia’s borders, combat people smuggling and deter people from attempting dangerous boat voyages across the open ocean.
How to apply for a RoS visa
Current and subsequent TPV/SHEV applicants
If you currently have a TPV/SHEV application or a subsequent TPV/SHEV application on hand with the Department, you do not need to do anything. Your current application will be converted to a RoS visa application. The Department will contact you if we need any further information.
TPV/SHEV holders (without a subsequent TPV/SHEV application on hand with the Department)
Initially, the Department will invite a specific cohort of TPV/SHEV holders to apply for the RoS visa. This will include those who hold a TPV/SHEV that is due to expire soon (for more details see table below).
All other TPV/SHEV holders can apply online from late March 2023.
You can help progress your RoS visa application by responding to the Department’s requests for information within the specified timeframes. Tell the Department promptly of changes to your circumstances or contact details (https://immi.homeaffairs.gov.au/change-in-situation/contact-details).
If you have special or unique circumstances and require support, contact the specialist community refugee and immigration legal service provider in your state or territory (see list of service providers below).
The majority of the caseload will be processed within 12 months of commencement. Page 2 of 3 TPV/SHEV transition to permanent visas
Services and benefits for RoS visa holders
People granted a permanent RoS visa will have the same rights and benefits as all permanent residents. This includes no waiting period and immediate eligibility for:
RoS visa holders will continue to have access to Medicare and free expert mental health support through the Program of Assistance for Survivors of Torture and Trauma (www.health.gov.au).
Source: Department of Home Affairs