TPV/SHEV Conversion to a Permanent Visa

TPV and SHEV holders can apply for permanent residency by applying for a Resolution of Status  (Subclass 851) visa.

The RoS visa will provide a permanent resolution to the status of those who arrived in Australia before 14 February 2023, who have sought protection and for those who receive a positive protection assessment.

The RoS visa is a permanent visa. This means that when you are granted this visa you become a permanent resident of Australia

Once you have been granted the RoS visa you will be able to:

• live, work and study in Australia permanently;
• access additional support and government services such as Medicare, Centrelink, counselling and English language classes;
• sponsor eligible family members for permanent residence through the family visa stream of the Migration Program. You are not eligible to be a proposer under the Humanitarian Settlement Program (HSP) or Community Support Program (CSP);
• travel outside Australia without seeking permission from the Minister; and
• apply to become an Australian citizen when eligible.

The process of applying for a RoS visa may be different for everyone. When and how a TPV or SHEV holder can apply for a RoS visa is dependent on which group (cohort) you are in.

Visit our website and carefully read our factsheet for more information about the RoS visa eligibility criteria for those holding and for those who have applied for a TPV or SHEV, how you can apply for a RoS visa and how you can access free legal advice and support.

You become a permanent resident of Australia the day you are granted the RoS visa.

The RoS visa is a permanent visa and it allows you to stay in Australia indefinitely.

To be granted a RoS visa, you must;

• fall into one of the eligible cohorts outlined in our factsheet;
• if you are in the cohort that requires a RoS application to be lodged, validly lodge your RoS visa application online via ImmiAccount unless invited by Home Affairs to apply by using a paper application form;
• meet health, character and security requirements;
  • Health: it is most likely that you will not be required to have a new medical examination. However, if you have spent time outside Australia in certain countries you may be required to complete a medical examination;
  • Character and security: you will not be required to submit an Australian Police Certificate as Home Affairs will conduct their own checks. However, if you have pending court matters or have been convicted of any criminal offences, they must be declared on your application. If you have lodged your application and are charged with an offence, you will need to declare this as new information on your application. If you have any concerns about the character criteria, we recommend you seek legal advice; and
  • sign the Australian Values Statement.

It is important to note that you must first be found to have met the requirements for the TPV or SHEV before you are eligible to apply for the RoS visa.

No. Before the announcement, to be granted another TPV or SHEV, it was necessary to continue to meet the criteria of being a refugee or complementary protection to be granted another TPV or SHEV. However for a RoS visa your claims will not be re-assessed.

Yes. If you were granted a TPV or SHEV due to being a member of a family and did not make your own claim for protection and you are no longer a member of that family, you are still eligible to be granted a RoS visa if you meet the criteria for a RoS visa

There is no fee for the RoS visa application.

No. You must be in Australia when you apply for the visa.

Yes. A RoS visa applicant must be in Australia to be granted the RoS visa.

It is important to note that until you are granted a RoS visa you are required to follow the conditions on your current visa regarding travel.

Home Affairs have started processing RoS visa applications already. They expect to finalise most applications within 12 months.

Yes, there is no travel condition (condition 8570) which can be attached to a RoS visa. This means once it is granted you can travel in and out of Australia without seeking permission from the Minister and needing to give reasons for travelling. Your RoS visa will allow you to travel for 5 years, after this you will need a Resident Return visa to re-enter Australia. The time you spend outside Australia may affect when you are eligible to become an Australian citizen.

Whilst the RoS visa does not have a travel condition, we do not recommend travelling to the country you sought protection from. If you are considering doing so, you should seek legal advice before travelling.

PLEASE NOTE: As a TPV or SHEV holder, you are still required to comply with your visa conditions until your RoS visa has been granted.

If you are successful in being granted a RoS visa you will be eligible to sponsor certain family members. We strongly recommend that you seek legal advice before lodging any applications with Home Affairs. You are not eligible to be a proposer under the Humanitarian Settlement Program (HSP) or Community Support Program (CSP).

Circle Green Community Legal (Circle Green) provides free legal advice and support to TPV and SHEV holders in Western Australia transitioning to permanent residency.

We will also be hosting ongoing information sessions on TPV/SHEV conversion to a permanent visa at the Asylum Seeker Hub. To register for our information sessions please scan the QR code at the end of this FAQs.

We strongly recommend that you seek legal advice about your visa matter as soon as possible and register for an information session to keep up to date with news regarding the TPV/SHEV conversion to a permanent visa.

You can speak with us at the Circle Green Community Legal – Asylum Seeker Hub every Tuesday at 2:00pm at Riverview Community Service, 1 Thorogood Street, BURSWOOD WA 6100.

Alternatively, you can contact us on (08) 6148 3636 or humanitarian@circlegreen.org.au or visit us at our office at 445 Hay Street, Perth WA 6000. Our walk-in hours and telephone line are open from 9:00am – 4:00pm, Monday to Friday.

http://www.iarc.org.au/If you are not located in Western Australia, we encourage you to contact the legal service provider listed within your state or territory for more information and support.

NSW:

Refugee and Casework Support (RACS)

(02) 8317 6505 // http://www.racs.org.au/

Immigration Advice and Rights Centre (IARC) on referral from RACS NSW

http://www.iarc.org.au/

VIC

Refugee Legal

(03) 9413 0101 // http://www.refugeelegal.org.au/

QLD

Refugee and Immigration Legal Services (RAILS)

(07) 3846 9300 // http://www.rails.org.au/

TAS

Tasmanian Refugee Legal Service (TRLS)

(03) 6169 9473 // http://www.trls.org.au/

SA

Legal Services Commission

http://www.lsc.sa.gov.au/

ACT

Legal Aid

http://www.legalaidact.org.au/

NT

Legal Aid

http://www.legalaid.nt.gov.au/