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 EntitlementsThe 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:
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:
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:
Seek Legal Advice From Immigration LawyersWhether 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.
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