Resolution of Status (RoS) (Subclass 851) Visa (Permanent) | All You Need to Know

The Resolution of Status (RoS) visa (Subclass 851) provides a permanent resolution for certain visa holders, specifically for individuals holding Temporary Protection Visa (TPV) (Subclass 785) and Safe Haven Enterprise Visa (SHEV) (Subclass 790). The SC851 visa grants successful applicants the right to live, work, study, and travel to and from Australia indefinitely.


Who is eligible for a RoS Visa (SC851)?

Individuals who were granted one of the following visas before 14 February 2023, may be eligible to apply for the subclass 851 RoS visa:

  • Temporary Protection Visa: Subclasses 447, 451, or 785

  • Certain Temporary Humanitarian Visas: Subclasses 785 or 790

  • Return Pending Visa: Subclass 695


Can I apply for the Subclass 851 visa for my family members?

Members of the same "family unit" as the above visa holders may also apply for the subclass 851 visa. For Protection, Refugee, and Humanitarian visas, family members are defined as:

  • Spouse or De Facto Partner

  • Dependent Child:

    • Under 18 years of age; or

    • 18 years or older and wholly or substantially dependent on the main visa holder financially, psychologically, or physically, or incapacitated for work due to loss of bodily or mental function(s).

  • Relative:

    • Must be single and a usual resident of the same household as the main visa holder. This may include grandparents, grandchildren, aunts, uncles, nieces, nephews, parents, siblings (and their step-equivalents), as well as step-children.


What are the Resolution of Status Visa Main Requirements?

To be eligible to apply for the subclass 851 visa, you must be in Australia at the time of your application and when a decision is made on your application. Here are the key requirements for this visa: 

  • Current or Former Visa Holder 

    You must currently hold or have previously held one of the following visas, which must not have been refused or cancelled: 

    You must have first arrived in Australia before 14 February 2023. If you submitted your application for a TPV or SHEV before this date and it remains unprocessed, your pending visa application will automatically convert to a RoS subclass 851 application, covering any subsequent TPV or SHEV applications. 

  • Not Barred from Applying 

    You cannot apply for the subclass 851 visa if you are barred from doing so. For instance, individuals who entered Australia as unauthorized maritime arrivals are not eligible under Section 46A of the Migration Act 1958. 

  • No Previous Refusal of Most Recent TPV/SHEV 

    If your most recent application for a TPV or SHEV was refused or cancelled, you are ineligible to apply for a Resolution of Status (RoS) visa. If it is determined that you do not engage in Australia’s protection obligations after a merit review or judicial review, you are expected to leave Australia. 

    If you have substantial evidence to support your case, you may consider requesting Ministerial Intervention; however, the Minister typically does not intervene in cases already decided by the Administrative Appeals Tribunal (AAT) or the new Administrative Review Tribunal (ART). 

  • Identity, Security, Health, and Character Checks 

    To meet the requirements, you may be required to provide evidence of your identity, which could include: 

    You will also need to accept or sign the Australian values statement, indicating your commitment to obeying Australian laws and respecting local customs. 


What Are the Key Benefits of the RoS Visa?


What is the current processing time for a Subclass 851 Visa?

The processing time for a subclass 851 visa is not fixed, as it varies based on individual circumstances and requirements. The Department strives to process Resolution of Status (SC 851) visa applications as quickly as possible, but various internal and external factors can influence the assessment timeline. Obtaining a permanent visa typically involves a comprehensive review of the application. If you have further questions about this visa, booking a consultation with our Accredited Specialist in Immigration Law is highly recommended.

Resolution of Status Visa (Subclass 851) FAQ

  • Yes. You must be onshore when making a Ros visa application.

  • Yes, RoS visa is a permanent visa, which has a valid of 5 years travel facility for the visa holder. You can travel overseas freely up to 5 years from the date the RoS is granted.

  • Applying for a Ros visa also deemed to be an application for a bridging visa if you are currently an unlawful non-citizen because your TPV or SHEV expired before 14th February 2023.

  • You may be eligible to apply for Subclass 851 Visa (permanent) as long as you apply it before your current TPV or SHEV visa expires.

How Can Agape Henry Crux Help You?

The process of applying for an Australian visa can be complex, intricate and time-consuming. It is often suggested to seek professional assistance to ensure your migration journey is smooth. Contact us at Agape Henry Crux for professional legal assistance. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book in a time at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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