Subclass 851 RoS Visa or Resolution of Status Class CD Subclass 851 is generally for people granted Australia Protection or Humanitarian Visas
You can only apply for a Subclass 851 RoS Visa if you have been granted 1 of the below visas:
- Temporary Protection Visa Subclass 785 (TPV); or
- certain Temporary Humanitarian Visa Subclass (THV); or
- Return Pending Visas Subclass 695 (RPV).
Including family members
Members of your family unit may make a combined application with you for this visa. Their protection claims will not be assessed.
Similarly, if members of your family unit hold a Class UJ Subclass 449 or Class UO Subclass 786 visa is also taken to have made a valid application for a Subclass 851 RoS visa with you.
Normally when you have a visa application refused or a visa cancelled, you are affected by, what is known as, section 48 bar (click here to learn more). However, the Subclass 851 RoS visa is not affected by section 48 bar.
How to apply
You can apply for a Subclass 851 RoS visa by:
- completing and lodging form 1364; or
- applying for a Protection Class XA visa, if you hold Subclass 447 or Subclass 451 or Subclass 695, before 9 August 2008 and the application is still undecided on that date, you have taken to apply for a CD 851 visa; and
- applying for a Protection visa on or after 9 August 2008 and you hold or previously held a Subclass 447 or Subclass 451 or Subclass 695 or Subclass 785, your undecided application will be considered as an application for the CD 851 visa.
In the above situations (2) and (3), your Subclass 447 or Subclass 451 or Subclass 695 or Subclass 785 was not cancelled, you either have not left Australia or if have left and returned, your visa is still valid, and you did not hold a permanent visa when you lodged your Protection visa application.
If you are a holder of Humanitarian Stay (Temporary) Class UJ Subclass 449 vis or the Temporary (Humanitarian Concern) Class UO Subclass 786 visa, the Department of Immigration (Department of Home Affairs) will consider that you have made an application for the Subclass 851 RoS visa.
Similarly, if you have been allowed permanent stay in Australia by the Department of Immigration, you accepted this invitation and the Department endorsed your acceptance, you will be considered to have made an application for the CD 851 visa.
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 for you (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.