The Resolution of Status Visa (Subclass 851) is a unique Australian visa designed for individuals who are in Australia without a valid visa and wish to resolve their immigration status. This visa allows applicants to apply for permanent residency, provided they meet specific criteria and resolve their immigration status within a designated period.

Eligibility Criteria:

To be eligible for a Resolution of Status Visa (Subclass 851), applicants must:

  • Be in Australia without a valid visa.
  • Demonstrate that they have attempted to resolve their immigration status.
  • Provide evidence of substantial ties to Australia, such as family, employment, or community connections.
  • Meet health and character requirements.
  • Agree to comply with the Australian Values Statement.

Application Process:

  1. Assessment: Assess your eligibility and gather necessary documents, including identification, evidence of ties to Australia, health, and character documents.
  2. Application Submission: Lodge the application online or by mail with all required documents and information.
  3. Assessment and Interview: The Department of Home Affairs may assess your application and conduct an interview to assess your ties to Australia.
  4. Health and Character Checks: Undergo health examinations and character checks as required.
  5. Visa Grant: If the application is successful, a Resolution of Status Visa will be granted, allowing temporary residency in Australia with a pathway to permanent residency.

Benefits:

  • Pathway to Permanent Residency: After residing in Australia for a specified period and demonstrating continuous ties, visa holders can apply for permanent residency.
  • Work Rights: Permission to work and study in Australia.
  • Access to Services: Access to Australia’s public healthcare system, Medicare, and other essential services.

FAQs:

Q: What happens if my visa application is denied?
A: If your application is denied, you may face deportation. It is crucial to seek legal advice and explore other options if your application is rejected.

Q: Can I include my family members in the application?
A: Generally, family members are not included in this visa. Each individual must apply separately.

Q: Is there a specific period I need to resolve my immigration status before applying for this visa?
A: While there isn’t a specific period mentioned, applicants are expected to demonstrate that they have actively sought to resolve their immigration status in a reasonable timeframe before applying for this visa.

Q: Can I travel outside Australia while holding this visa?
A: Travel rights may be limited. It’s essential to check the visa conditions and consult with the Department of Home Affairs regarding travel restrictions.

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