Subclass 851 — Resolution of Status visa — immi.wiki

The Subclass 851 Resolution of Status visa is a permanent visa for certain long-term unlawful non-citizens who were living in Australia and who applied before the cut-off date of 13 August 2012. It was designed to provide a permanent resolution for a specific cohort of people who had been in Australia for an extended period without status, who did not qualify for protection under the Refugee Convention, but who had established ties to Australia.

The Subclass 851 is now a legacy visa class — no new applications can be lodged. The Department of Home Affairs is finalising remaining applications in the caseload. It is not available to applicants who arrived in Australia after 13 August 2012.

At the time applications were open, the primary eligibility criteria required that the applicant:

• Had made a valid application before 13 August 2012;
• Was an unlawful non-citizen or held a temporary visa at the time of application;
• Had been ordinarily resident in Australia for a continuous period, or a combination of periods, of at least 10 years;
• Satisfied health and character requirements;
• Was not subject to an adverse security assessment by ASIO.

The visa was available to applicants who arrived in Australia before a specified date by air (on a valid visa, then overstayed) or, in some cases, by irregular maritime arrival, provided they applied before the cut-off. The long residence requirement distinguished this from the protection visa pathway — the Subclass 851 was not a humanitarian visa requiring refugee status.

Applications for the Subclass 851 are now closed. No new applications may be lodged. Applicants who had previously lodged valid applications remain in the decision queue and the Department continues to finalise those cases.

Persons who arrived in Australia after 13 August 2012 without a valid visa (irregular maritime arrivals) are subject to different statutory provisions and are not eligible for the Subclass 851 or most other onshore protection pathways. They may be subject to offshore processing arrangements.

Persons currently in Australia without status who do not fall within the Subclass 851 legacy cohort should obtain advice from a registered migration agent about available options, which may include bridging visas and, in appropriate cases, the Subclass 866 protection visa.

The Subclass 851, when granted, confers permanent residence. There are no conditions limiting work rights or study. Standard character and visa cancellation provisions under the Migration Act apply. Holders of the Subclass 851 may apply for Australian citizenship after meeting the four-year residence requirement (including one year as a permanent resident) under the Australian Citizenship Act 2007.