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Subclass 851 - Resolution of Status
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.
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.
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.
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.
You are not able to make a valid RoS visa application while you are subject to an application bar (including the section 46A bar for Unauthorised Maritime Arrivals).
Most TPV and SHEV holders will be able to apply for a RoS visa online from late March 2023, after their application bar has been lifted (further details will be available on this website at that time).
A small group of TPV and SHEV holders will have their application bar lifted and be invited to apply using a paper application form, including those whose TPV or SHEV is due to expire soon. Only those who are contacted by the Department and provided with the bar lift notification letter and RoS application form will be able to make a valid application before late March 2023.
The Pacific Engagement Visa (PEV) will increase permanent migration from the Pacific and Timor-Leste, growing the diaspora in Australia, strengthening people-to-people links, and encouraging greater cultural, business and educational exchange.
Up to 3,000 visas will be allocated to Pacific islanders annually by a ballot process across participating countries. Those selected in the ballot will be able to apply for permanent residence in Australia.
The PEV is being designed in close consultation with partner governments and Pacific and Timor-Leste communities to ensure the program delivers on shared needs and objectives, and contributes to a peaceful, prosperous, and resilient Pacific family.
Applications for the ballot will be able to be lodged online with the Department of Home Affairs from July 2023.
The Australian government has announced that new transition pathways for NZ Citizens living in Australia to move to Australian citizenship will be announced on or before ANZAC day 2023.
We expect the new pathway to be based on time as a resident in Australia only without the need to first apply for permanent residency.
