Resolution Of Status Visa (Subclass 851) Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Your Resolution of Status (Subclass 851) Visa

RoS Visa Eligibility Assessment

We assess your eligibility for the Subclass 851 visa, focusing on your prior TPV/SHEV status and arrival date before 14 February 2023.

Application & Documentation Guidance

Our lawyers guide you in preparing your RoS visa application, ensuring all identity, health, character, and security requirements are met.

Navigating RoS Visa Application Pathways

We assist TPV/SHEV holders with RoS applications via ImmiAccount or advise on automatic application conversion.

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We encourage a free 15-minute call to discuss your situation & map out a path to securing your Subclass 851 Resolution of Status Visa.

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding the RoS (Subclass 851) Visa

The Resolution of Status (RoS) visa, Subclass 851, offers a pathway to permanent residence for eligible individuals in Australia who held or had applied for a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV) before 14 February 2023.

This visa was introduced by the Australian Government to provide a permanent resolution for this specific group, allowing them to move from temporary protection to the security of permanent residency. Navigating this transition requires understanding its specific eligibility.

Who Qualifies for the RoS Visa (Subclass 851)?

To be eligible for the RoS visa, you must generally be a current or former TPV (subclass 785) or SHEV (subclass 790) holder who first arrived in Australia before 14 February 2023. Your most recent TPV/SHEV must not have been refused or cancelled.

Additionally, you must be in Australia when applying and when the visa is decided, and meet standard identity, security, health, and character requirements. Unauthorised maritime arrivals may be barred from applying.

Why Choose Moya Migration Law for Your Resolution of Status Visa?

Transitioning to a Resolution of Status (RoS) visa marks a significant step towards permanent residency. Moya Migration Law offers expert guidance to ensure eligible TPV/SHEV holders navigate this process smoothly, meeting all requirements for a secure future in Australia.

Expertise in RoS Visa Pathways

Our lawyers have a deep understanding of the RoS (Subclass 851) visa, its specific eligibility for TPV/SHEV holders, and the application process.

Client-Focused & Supportive Guidance

We provide personalised support, clearly explaining the RoS visa requirements and assisting you through each step with dedicated care.

Meticulous Application Preparation

We ensure your RoS visa application is thoroughly prepared, addressing all identity, health, character, and security criteria for a successful outcome.

In-Depth Migration Knowledge

Our thorough understanding of the Migration Act and related protection visa history ensures your RoS transition is expertly managed.Based in Adelaide, we serve clients across Australia. No matter where you’re located, our team is equipped to assist with your ART appeal, ensuring distance is never a barrier to quality legal support.

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Our 5-Step Resolution of Status (Subclass 851) Visa Process

Securing permanent residency through the Resolution of Status (RoS) visa is a vital step for TPV/SHEV holders. Moya Migration Law provides a clear, supportive process to guide you through the eligibility checks, application requirements, and final transition.

1

Initial Consultation & Eligibility Verification

We review your TPV/SHEV history and arrival date to confirm your eligibility for the RoS (Subclass 851) visa pathway.

2

Application Pathway Determination

We clarify whether your pending TPV/SHEV application will be automatically converted to an RoS application or if a new online application is required.

3

Document & Requirements Review

Our team assists in ensuring all necessary documents for identity, health, character, and security checks are complete and up-to-date.

4

Application Lodgement or Monitoring

We either manage the lodgement of your new RoS visa application via ImmiAccount or monitor the progress of your automatically converted application.

5

Guiding You to Permanent Residency

We provide ongoing support, respond to any Department requests, and guide you through the final steps upon the grant of your permanent RoS visa.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Resolution of Status Visa Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally guides eligible TPV/SHEV holders through the Resolution of Status (RoS) visa process. With over two decades in Australian migration law since 2002, Daniel offers expert advice for this important transition to permanent residency.

Daniel is committed to providing clear, supportive assistance, ensuring all requirements for your Subclass 851 visa are met. He understands the significance of this pathway for your future in Australia. Daniel also offers legal assistance in Spanish.

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Applying for Your Resolution of Status Visa

If you held a TPV/SHEV before 14 Feb 2023 (and it wasn’t cancelled/refused), you can apply online for the RoS visa via ImmiAccount. If you had a TPV/SHEV application pending before this date, it’s typically converted automatically to an RoS application by the Department.

While further protection assessments are not usually needed, ensuring all current eligibility criteria (health, character, etc.) are met and documents are correctly submitted is vital. There is no government application fee for this visa.

Advantages of the RoS (Subclass 851) Visa

The Subclass 851 RoS visa grants permanent residency, allowing you to live, work, and study in Australia indefinitely. You gain access to Medicare and Services Australia benefits, and can sponsor eligible family members for permanent residence.

This visa also includes a 5-year travel facility and provides a pathway to Australian citizenship, offering long-term security and stability for former TPV/SHEV holders. Ensuring your application meets all requirements is key to securing these benefits.

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Frequently Asked Questions about Resolution of Status Visa (Subclass 851)

What is the Resolution of Status (RoS) Subclass 851 visa?

The RoS visa (Subclass 851) provides a pathway to permanent residence for individuals in Australia who held or applied for a Temporary Protection Visa (TPV) or Safe Haven Enterprise Visa (SHEV) before 14 February 2023.

Who is eligible to apply for the RoS (Subclass 851) visa?

Generally, you must be a current or former TPV/SHEV holder who first arrived in Australia before 14 February 2023. Your most recent TPV/SHEV must not have been cancelled or refused, and you must meet identity, health, character, and security checks.

Do I need to lodge a new application for the RoS visa?

If you lodged a TPV/SHEV application before 14 February 2023 that hasn’t been finalised, it’s usually converted automatically to an RoS visa application. Current TPV/SHEV holders (pre-Feb 2023 arrival) generally need to apply online via ImmiAccount.

Can my family members be included in my RoS visa application?

Yes, eligible family members (as defined for Protection, Refugee, and Humanitarian visas) can typically be included in your RoS visa application, or you may be able to sponsor them later once your permanent residency is granted.

What is the government fee for the RoS (Subclass 851) visa application?

The Department of Home Affairs does not charge a government application fee for the Resolution of Status (Subclass 851) visa.

How long does the RoS visa application take to process?

Processing times are not fixed and vary. The Department aims to process most of the caseload within 12 months of commencement, but this can depend on individual case complexity.

Can I apply for an RoS visa if I am currently an unlawful non-citizen?

If you are unlawful because your TPV or SHEV expired before 14 February 2023, an RoS application is also taken as an application for a bridging visa. However, if unlawful due to being an unauthorised maritime arrival, you may be ineligible.

Are there travel restrictions on a granted RoS (Subclass 851) visa?

The RoS visa is a permanent visa with a 5-year travel facility, allowing you to travel to and from Australia. After 5 years, you’ll need a Resident Return Visa (RRV) to re-enter as a permanent resident.

What happens if my child is born in Australia after I lodge my RoS application?

You must notify the Department. If born while your RoS application is pending, the child can usually be included. If one parent is an Australian permanent resident or citizen at birth, the child may be a citizen by birth.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.