The government introduced the Resolution of Status visa to provide people the same benefits as a Protection Visa including the entitlement to live in Australia permanently, to seek asylum and to have access to government services such as Medicare and Centrelink.
In February 2023, the Law Society of New South Wales published an article about thousands of refugees in Australia receiving permanent visas after years of uncertainty. A recent policy change now allows refugees who came to Australia before the commencement of Operation Sovereign Borders to transition to a permanent Resolution of Status (subclass 851) visa in Australia.
This helps many refugees who have otherwise been stuck in limbo with no certainty regarding their future and their family's future. According to the article, nearly 19,000 refugees can now transition to the Resolution of Status (RoS) visa from Temporary Protection Visas (TPV) or Safe Haven Enterprise Visas (SHEV).
Most refugees who hold TPV or SHEV visas are from countries with challenging political and social climates. For instance, there are many refugees from countries like Somalia, Sudan, Iraq, Iran, Afghanistan etc.
The Resolution of Status visa allows refugees to stay and work in Australia permanently. They can enjoy all rights and entitlements that permanent residents can enjoy.
Resolution of Status Visa Entitlements
The Resolution of Status visa is the Subclass 851 visa. The Subclass 851 visa is available to refugees. The Migration Act 1958 outlines eligibility conditions for the law to recognise someone as a 'refugee.'
Section 5H of the Migration Act 1958 states that for the purposes of the application of the Act, a refugee is someone who:
- has a nationality - is outside the country of his/her nationality - is unable to or not willing to avail protection of the country due to well-founded fear of persecution,
- does not have a nationality but is a habitual resident of a country from where they cannot get protection due to a well-founded fear of persecution.
Section 5J of the Act lists certain points to outline the meaning of 'well-founded fear or persecution.' This includes their fear of being persecuted on the grounds of race, religion, membership of a particular social or political group, or nationality.
The 851 visa grants a number of entitlements to the refugee, allowing them to stay in Australia indefinitely and to avail services that the welfare system offers or other healthcare services such as Medicare.
Given below is a list of entitlements and rights that a refugee with a Resolution of Status visa can enjoy in the country:
- Work or study in their field of interest;
- Enrol in the public healthcare scheme of the government;
- If eligible, apply for citizenship;
- Include immediate members of family unit in the visa application;
Australia has international protection obligations, therefore providing permanent solutions to displaced refugees is a huge step. It is important to understand the process to apply for the RoS.
How to Apply for Resolution of Status Visa
TPV or SHEV visa holders can make an application for Resolution of Status. It is important to note that if you have applied for the TPV or SHEV visas before the 14th of February 2023, you do not have to apply for a RoS visa. The government will automatically convert these applications to a RoS visa application.
From 14 February 2023 onwards, the general requirements for making a RoS visa are as follows:
- Hold a Temporary Protection Visa (subclass 785) and your first arrival in Australia was before 14 February 2023
- Hold a Save Haven Enterprise Visa (subclass 790) and your first arrival in Australia was before 14 February 2023
- Meet character and health requirements
- Should not have any prior visa refusals or cancellations
- Meet certain security requirements
It is also important to note that there are no government fees or application fees for the RoS visa.
Seek Legal Advice from Immigration Lawyers
Whether you wish to seek advice for a work visa, student visa or permanent visa, it is necessary that you speak with lawyers who can provide advice to you. This process requires you to fill many application forms accurately.
Since every matter is different, you should understand the requirements that are applicable for your particular circumstances. At JB Solicitors, our team of immigration lawyers can provide tailored advice that is suited for your individual circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.