Subclass 808 Confirmatory Residence Class AK: Secret visa not many know
The Subclass 808 Confirmatory Residence Class AK visa is for a person who is outside Australia and is eligible for a permanent visa but is temporary unable to satisfy the permanent visa criteria.
You can apply for a Subclass 808 Confirmatory Residence visa if 1 of the follow situations applied to you:
- you are granted a Provisional Resident Return Class TP Subclass 159 visa (click here to learn more) because you have applied for a Class BB Subclass 155 Resident Return Visa outside of Australia and you are unable to prove you are an Australian permanent resident, but you can now prove your permanent resident status; or
- you were granted an Emergency (Permanent Visa) Class TI Subclass 302 to return to Australia, and you can now satisfy the criteria for a permanent resident visa; or
- you were granted a Border Class TA Subclass 773 visa (click here to learn more) to return to Australia because you would be able to satisfy the criteria for a Class BB Subclass 155 Resident Return Visa; or
- you were granted a Subclass 301 temporary visa and can now satisfy the outstanding requirements for a permanent resident visa; or
- you are a former holder of a Norfolk Island Immigration Permit.
To be eligible for a Subclass 808 Confirmatory Residence visa, you must satisfy the primary criteria of this visa, unless you are a Norfolk Island Permit holder and a dependent child. There are no secondary criteria for secondary applicants.
If you have been granted and entered Australia on a Class TP Subclass 159 visa, you must apply for the Subclass 808 Confirmatory Residence visa within 3 months of arriving in Australia as the TP 159 RRV will cease in 3 months and cannot be applied after having entered Australia.
The Department of Immigration (Department of Home Affairs) will grant you a Subclass 808 Confirmatory Residence visa if they are satisfied that you were an Australian permanent resident before you left the country and at the time of being granted the TP 159 RRV. And you could not apply for a RRV Subclass 157 or Subclass 155 because you were unable, at that time, to prove you are an Australian permanent resident.
Including family members
You can include members of your family unit if they are also holding a Class TI Subclass 302 visa. You may be required to provide an Assurance of Support bond and pay a second visa application charge or fee.
If you have been granted a Border Subclass 773 visa and entered Australia on this visa, you must apply for a Subclass 808 Confirmatory Residence visa within 30 days of arriving.
If you have been granted and travelled to Australia on a Class UA Subclass 301 visa, you must satisfy all the outstanding requirements that you could not satisfy before entering Australia. Members of your family must satisfy “one fails, all fail”, Public Interest Criteria or PICs.
You can be in or outside Australia when the Confirmatory Residence visa is granted.
If you are in Australia when the Department of Immigration refused your application for the Subclass 808 Confirmatory Residence visa, you can apply to the AAT for merits review. However, if you are outside of Australia, 1 of your relative who is an Australian citizen or permanent resident may apply to the AAT on your behalf.
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you apply for this visa or to decide if this is the best visa (click here to find out how an immigration lawyer or registered migration agent can help you) or click here to learn more. You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.