Resolution of Temporary Protection Visa and Temporary Humanitarian Visa Caseload
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Who is affected
Current and former TPV/THV holders are able to access a permanent visa, with no reassessment of their protection claims.
The permanent visa is called the Resolution of Status (RoS) visa, Class CD, subclass 851.
Applying for the Resolution of Status visa subclass 851
A current or former TPV/THV holder who had an undecided application for a further Protection visa on 9 August 2008 will automatically be processed for a RoS visa, without the need to make a separate application.
Current or former TPV or THV holders who have not yet applied for a further Protection visa as of 9 August 2008, are able to make an application for a RoS visa. No further Protection visa application will be necessary.
A RoS visa application can be made by completing and lodging a Form 1364. No fee is payable. An application form is available on the website or by contacting the department.
See: Form 1364 (390KB PDF file)
Telephone: 131 881
TPV/THV holders' immigration status while their RoS visa application is processed
The immigration status of a TPV/THV holder while their RoS visa application is processed depends on their individual circumstances.
If a current TPV/THV holder has already applied for a further Protection visa before 9 August 2008, or they apply for a further Protection visa on or after 9 August 2008, their TPV/THV visa status will continue until their RoS visa application is finalised.
If a TPV holder makes a RoS visa application on or after 9 August 2008, by completing and lodging Form 1364, their TPV holder status will not continue after their TPV reaches 36 months, and they will no longer be eligible for Centrelink payments such as Special Benefit.
TPV holders are therefore encouraged to lodge a RoS visa application well before the cessation date of their TPV. TPV holders whose visa expires before their RoS visa application is finalised will be eligible for a Bridging visa.
If a THV holder makes a RoS visa application on or after 9 August 2008 by completing and lodging form 1364, their THV holder status will continue until their RoS visa application is finalised.
If a person’s visa ceases before they make a RoS visa application, they will be eligible for a Bridging visa.
All applicants are encouraged to respond promptly to requests to complete health, character and security checks to assist with the timely processing of their RoS visa application.
Benefits attached to the RoS visa
RoS visa holders are eligible to access the same benefits and entitlements as a permanent Protection visa holder. Benefits and entitlements include immediate access to:
- Newstart and Youth allowances
- the Adult Migrant English Program (AMEP)
- the age pension
- disability support pension
- family tax benefit
- childcare benefit.
Holders of the RoS visa also have travel rights, may be eligible for Convention Travel documents and are able to sponsor their family through the Offshore Humanitarian program.
90 day processing and the RoS visa
The requirement that all Protection visa applications be processed within 90 days does not apply to applications for the RoS visa. Every effort will be made to provide TPV/THV holders with a speedy permanent outcome.
TPV/THV holders granted a mainstream visa under the 2004 measures
Under measures introduced on 27 August 2004, TPV and THV holders who were in Australia on that date were able to make a valid application for a range of onshore permanent and temporary mainstream visas and, if the criteria were met, be granted the visa.
People who were granted permanent mainstream visas through these measures will continue to hold those visas and will not be eligible for the RoS visa.
See: Overview of the 2004 Measures for TPV/THV Holders