Can TPV and SHEV Holders Apply for Subclass 851 in 2026?
Yes. Holders of a Temporary Protection visa (TPV, subclass 785) or a Safe Haven Enterprise visa (SHEV, subclass 790) can apply for the Resolution of Status (RoS) visa (subclass 851), provided their first arrival in Australia was before 14 February 2023 and the Department of Home Affairs has not cancelled their visa. This follows the official Home Affairs page Resolution of Status (Subclass 851), as of the August 2026 version, which also confirms there is no visa application cost and that applicants must be in Australia to apply. What follows summarises official information for general guidance — it is not advice on any individual case, and because outcomes depend on your own visa history, you should confirm details against the current Home Affairs pages or with a registered migration agent or lawyer.
Who exactly can apply?
The two qualifying visas are the Temporary Protection visa (subclass 785) and the Safe Haven Enterprise visa (subclass 790). For either one, these points must line up:
- You are a holder or former holder of the visa.
- You first arrived in Australia before 14 February 2023.
- The department has not cancelled your visa.
- You are in Australia when you lodge the application, and when the visa is granted.
The wording matters: being a former holder can still qualify you, so the assessment is not only about the visa you hold today. But the cancellation filter applies regardless, and it is assessed separately from everything else.
Who cannot make a valid application?
Three situations stop an application from being valid, and they are worth separating clearly because they operate differently.
| Your situation | Effect on a subclass 851 application |
|---|---|
| Your TPV or SHEV was cancelled by the department | You cannot make a valid application |
| Your most recent TPV or SHEV was refused and finally determined, or was cancelled | You cannot make a valid application; if you have new, credible protection claims arising from changes in your country of origin or your circumstances, you may request Ministerial Intervention |
| You are subject to an application bar, including the section 46A bar that applies to Unauthorised Maritime Arrivals | You cannot make a valid application while the bar applies — the online RoS form includes notification of the bar lift |
On that last point, the design of the online form is significant: Home Affairs states that lodging online through ImmiAccount carries the notification of the section 46A bar lift under the Migration Act 1958. Paper lodgement is only authorised in limited circumstances, such as verified ImmiAccount system issues.
Ministerial Intervention is not a second merits review. The department states the Minister will not consider protection claims already considered in a Protection visa application or by the Tribunal; requests are considered only where claims are genuine and compelling and could not have been raised in the initial protection visa application.
Do you need to apply, or has your case already been converted?
This is the fork that trips people up, and it comes down to whether you had an application in the system before 14 February 2023.
- You applied for an initial TPV or SHEV before 14 February 2023. You do not need to apply for a RoS visa. If the department finds you meet the criteria for the TPV or SHEV, it converts your application into a RoS application.
- You held a TPV or SHEV and applied for a subsequent TPV or SHEV before 14 February 2023. Again, no RoS application is needed; that application has been converted.
- You are a current holder with nothing before the department. You must make your own application, online through ImmiAccount, and you must apply before your current TPV or SHEV ceases to remain lawful.
In each case where conversion applies, the department says it will notify you if the RoS visa is granted.
What happens to your current visa once you apply?
Home Affairs states it will extend the TPV or SHEV of current holders who make a valid RoS application until a decision is made on that application. The condition attached is timing: you must lodge before your TPV or SHEV ceases, otherwise there is nothing left to extend and you lose the lawful status the extension is designed to protect.
If you are already an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, the department notes that a RoS visa application also operates as an application for a bridging visa. Assume nothing about how that interacts with your own history — this is a point where the fact that you are reading general information rather than receiving advice on your record really does matter.
What else do you have to satisfy?
Beyond eligibility, every applicant must meet the standard visa requirements, and the department may request further evidence during processing.
- Identity. You may be asked for documents evidencing identity, nationality or citizenship, or biometrics (fingerprints and a facial photograph) if you have not provided them before. Missing the stated timeframe is not automatically fatal — you get a chance to explain — but a failure to make a genuine attempt to establish identity may lead to refusal. Where identity concerns remain after your response, the department assesses whether you meet at least one of three criteria: you would satisfy the criteria for a protection visa, there is a compelling or compassionate reason for the grant (family circumstances, health needs, or a positive contribution to Australian society are given as examples), or you are a member of the same family unit as a RoS visa holder.
- Security. Australia's security requirements are assessed.
- Health. You may need health examinations; these are conducted by Bupa Medical Visa Services, and you receive a HAP ID and instructions after lodgement if they are required. The health requirement may be waived if you already satisfied it for the grant of your TPV or SHEV.
- Character. You must meet the character requirements.
- Australian values. Applicants aged 18 or over must have read, or had explained to them, the Life in Australia booklet and must sign the Australian Values Statement.
Can your family be included?
Family members can apply together on the same form, and each person must meet the requirements in their own right. If a child is born after you lodge and before the decision, the child is included in your application — you notify the department using Form 1022 (Notification of change of circumstances) and attach a clear colour copy of the original birth certificate through ImmiAccount or the email address in your acknowledgement letter. A child born in Australia is automatically granted the same visa their parents hold at the time of birth, and if either parent is an Australian citizen or permanent resident at that time, the child is an Australian citizen by birth and an Australian citizenship certificate should be obtained and attached.
What does the visa actually give you?
Subclass 851 is permanent: you live, work and study in Australia indefinitely, and you become an Australian permanent resident on the day of grant, which is also the start date for citizenship purposes. There is no cost to apply. You can access Medicare and Centrelink services through Services Australia, sponsor eligible family members for permanent residence through the family visa stream, access short-term counselling for torture and trauma, and attend free English classes if eligible. Travel is unrestricted, with entry and exit allowed for five years from the grant date; after that you need a Resident Return visa (subclass 155 or 157). Your visa is digitally linked to your travel document or ImmiCard rather than issued as a physical label.
How many applications are being processed?
The department says it continues to actively process the RoS caseload. No processing-time figures are published on the visa page, and none are estimated here; some cases take longer because additional information is requested, including on identity. If you want published volume data rather than an estimate, the Unauthorised Maritime Arrival legacy caseload reports sit under the department's Humanitarian program statistics.
Frequently Asked Questions
Is there a fee for the Resolution of Status visa?
No. The Home Affairs page lists the cost as none, applying to the RoS visa itself. Taking up the visa is separate from any later application you make, such as a Resident Return visa or citizenship, where different rules apply.
I first arrived in Australia after 14 February 2023. Am I eligible?
The threshold on the official page is first arrival before 14 February 2023, tied to holding a subclass 785 or 790. Arriving later is a factual question about your own movement record rather than something this article can resolve, so verify it against your department records before drawing conclusions.
What if my TPV was cancelled years ago?
A cancellation by the department is listed as a bar to a valid application. Where your most recent TPV or SHEV was refused and finally determined, the only avenue the page identifies is Ministerial Intervention based on new and credible protection claims.
Do I apply online or on paper?
Online via ImmiAccount, and paper forms are authorised only in limited circumstances such as verified ImmiAccount system issues. This is largely because the online form itself carries notification of the section 46A application bar lift.
Can I apply from outside Australia?
No. You must be in Australia both when you lodge the application and when the visa is granted. There is no offshore pathway described for this visa.
When do I stop needing to renew my TPV or SHEV?
You still need to act before your current visa ceases: a valid RoS application lodged in time results in your TPV or SHEV being extended until the RoS decision is made. If it has already ceased, you are in a different position entirely and the bridging visa provision mentioned by the department becomes relevant.