Resolution of Status processing arrangements – Great News for all TPV and SHEV Visa holders in Australia

Attention Temporary Protection Visa and Safe Haven Enterprise Visa Holders (TPV/SHEV) holders!

The Government has recently announced that TPV/SHEV visa holders will be provided with Resolution of Status (ROS) visas- Subclass 851. This is a permanent visa that will finally allow for a permanent status in Australia.The ROS visas will be delivered and funded separately to the Humanitarian intake places and will not impact the number of those places available for other humanitarian entrants. The Subclass 851 visa is free and does not have any filing fee.

Who can get it?

TPV and SHEV Visa holders
If you currently hold a Temporary Protection Visa (TPV) or a Safe Haven Enterprise visa (SHEV) (subclass 790), you are eligible to apply for a permanent Resolution of Status (RoS) (subclass 851) visa once it opens up.

TPV and SHEV Applications currently in the system

If you submitted a TPV or SHEV application prior to 14 February 2023 that has not been finally determined by the government, your existing application will automatically convert to a RoS visa application.

Currently lodged TPV/SHEV applications should not be withdrawn, these will be automatically deemed to be applications for ROS visas.

What can this visa allow you to do

Live, work and study in Australia permanently and eventually get Australian citizenship (when eligible)
access government services such as Medicare and Centrelink services
access short-term counselling for torture and trauma if required sponsor eligible family members for permanent residence through the family visa stream of the Migration Program travel to and from Australia for 5 years access English language classes for free if you are eligible

Timeframe

Home Affairs expects that the majority of ROS cases will be resolved within 12 months, although some, e.g. those in the Tribunal or courts that are remitted, may extend past that date.

Online applications will be available from around late March 2023. 

A small cohort whose current TPV/SHEV visas are expiring before late March will be invited earlier by letter to apply for the ROS. The department already finalised 100 ROS visas!

Tips

Applicants/visa holders should update their details in ImmiAccount, especially change of address and contact details.

The Government has set up a system of funding for these TPV/SHEV holders/applicants that provides for them to receive free assistance from the specified. However, if you are not eligible or if you need help from a private lawyer, we can help you at Crossover Law Group.

Need Help?

If you require assistance with coming to Australia, feel free to contact our office on contact@crossoverlaw.com.au or book a 10 minutes free chat with our lawyer through the contact us page.

DISCLAIMER: Immigration law is complex and is subject to constant regulatory and policy change by the Australian government. The information provided above is a general guide only and does not constitute legal advice. If you require legal advice please get in touch with our office.