Resolution of Status Visa Subclass 851 Visa - E-HELP CONSULTANCY AND MIGRATION SERVICES
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Resolution of Status Visa (Subclass 851)

Resolution of Status (ROS) was designed when the temporary protection visas or the TPVs were abolished. Since 2008, all the applicants for Protection Visas who were found to be refugees were granted permanent protection. For the individuals in Australia who held TPVs, a Resolution of Status (ROS) was introduced. Individuals holding of the following visa subclasses became eligible to apply for a subclass 851, as these subclasses were repealed:

  • 785 Temporary Protection
  • 447 Secondary Movement Offshore Entry (Temporary)
  • 451 Secondary Movement Relocation (Temporary)
  • 695 Return Pending

Subclass 851 visa is structured for those individuals who meet the eligibility conditions to be called as a refugee under the Migration Act 1958. Subclass 851 is a permanent visa, which allows its holder access to government settlement services, the welfare system, family reunion (through the offshore humanitarian program), Medicare, and the right to return if the holder leaves Australia.

Why to Apply for a Resolution of Status Visa (Subclass 851) Visa

A subclass 851 visa a refugee visa. With a visa (subclass 851) in Australia, a visa holder can:

  • Stay in Australia.
  • Work in their respective field of interest.
  • Study in their respective field of interest.
  • Enrol in the public healthcare scheme of the Government.
  • Leave and come back to the country as many times as you wish, for five years. (The holder of a subclass 851 visa can not enter the country from which the Resolution of Status is granted without written approval from the Australian Government).
  • Include immediate members of the family unit in the visa application form.
  • Apply for citizenship (if eligible).
  • Enrol for a free English language class (if eligible) organized by the Adult Migrant English Program.
    Immediate access to social security payments- carer payments etc.

The subclass 851 visa facilitates immediate access to the facilities available to its holder. Applying for immigration is a tricky task and demands adequate skills for its positive processing. Our 851 visa consultants/ immigration agents are more than happy to guide you through the application process. For any information, kindly contact us.

What are the Eligibility Requirements For Subclass 851 Visa (Australia)

To be eligible to apply for a subclass 851 visa, the applicant is required to meet all the specified eligibility conditions as set out by the Department for the respective visa category. The following are the basic eligibility requirements that are essential to be able to apply for the Subclass 851 Visa application form-

  • The applicant must be a holder of any of the following visa categories-
    • Temporary Resolution of Status Visa (subclass 785)
    • Temporary Humanitarian Visas
    • Return Pending visa (subclass 695)
  • The applicant must fall in the criteria of a refugee or meet the complementary Resolution of Status criteria as per the Migration Act 1958 of Australia.
  • The candidate must be able to prove that they are subject to persecution in their home country for reasons beyond their control.
  • The candidates can not submit a valid (851) visa application form if they-
    • are a national of 2 or more countries, or
    • have a Resolution of Status in a prescribed safe third country.
  • The applicants must have documentary proofs to provide evidence of their nationality, citizenship, or identity.
  • The candidate must meet all the security conditions for the grant of a subclass 851 Resolution of Status visa.
  • The applicant must meet the health and character requirements as per the terms of the visa (subclass 851) conditions. (Minister may grant an exemption in special conditions).
  • To ensure a favourable visa decision, the Department must be convinced based on the evidence so provided that the visa grant is in the candidate’s best interest.
  • The Department must be convinced that granting Resolution of Status visa is not detrimental to the Country’s own security.
  • The holder of a subclass 851 visa application must agree to abide by the laws of the country.

Usually, cancellation or rejection of any previous visa application form in the country affects the current visa application decision; however, for a decision on subclass 851 visa, previous cancellation or rejection is not considered.

The shared information is exclusive but not exhaustive, and the applicants are advised to take the help of qualified migration agents to go through the complete eligibility requirements before applying. For more information on visa conditions and processing, please contact our immigration consultants to assist you through the entire process. Please book an appointment with our 851 visa migration agents or talk to our visa consultants to know more about the 851 eligibility requirements, visa conditions, and processing.

How to Apply for a Resolution of Status Visa (Subclass 851)

Before applying for the subclass 851 visa application form, the candidate must-

  • Gather all the necessary evidence. The evidence should be complementary to the facts of the application form and requirements.
  • The applicants can also include their immediate family members in the subclass 851 visa application form; documentary proofs pertaining to them must also be gathered for visa processing.
    • Family include:
      • Spouse /de facto partner of the principal applicant
      • dependent child /step-child of the principal applicant or his partner

The duly filled and complete subclass 851 visa application form should be filed with the Department. Australian immigration laws require a trained approach for visa processing and affirmative assessments. Talk to our 851 visa consultant/agent for accurate filling of the application form. Our specialized agents and immigration consultants are trained to counsel the client and provide all the assistance required to ensure a favourable visa decision. Please schedule an appointment with our migration agents/ visa consultants to start a hassle-free and effortless visa journey.

The Department informs the candidate of the decision on their visa application at their registered mail. If the Department of Home Affairs allows the candidate permanent stay in the country and the candidate accepts the invitation (permanent). When the Department endorses this acceptance, the applicant is considered to have made an application under subclass 85.

Processing Time for Subclass 851 Visa

The processing time for subclass 851 visa is not fixed as they are assessed based on personal profile requirements. The Department makes all the possible efforts to process the 851 visa application form quickly. However, several external and internal factors play a major role in the processing and assessment of the facts.

Communicate with a professional visa migration agent/ immigration consultants at E-Help for further details on the visa processing time and eligibility conditions. A permanent visa usually requires a thorough assessment of the application.

Contact Us

Complex visa requirements and changing legislation have made the Australian visa application process a little complicated. For most people, applying for a visa is quite a daunting task. Here at E-Help, we specialize in doing the same; if you are looking to secure a visa, our visa consultants/immigration agents can be of immense help. Our team of expert migration agents understand the value of your time and money and can cater to your requirements with absolute professionalism and swiftness.

Let E-Help provide you with a one-stop solution for all aspects of Australian immigration. Contact us or speak to our immigration agents online. We recommend that you fill up our information form for ready reference and reach us for any form of guidance or assistance regarding your eligibility condition or your application. To book an appointment with our 995 visa agents or immigration consultants, contact us or dial us at +61 7 3172 4965.

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