Protection Visa subclass 866

Protection Visa subclass 866

With this visa, you can

 

How long can you stay

This is a permanent visa. It lets you stay in Australia indefinitely.

You become an Australian permanent resident on the day we grant the visa.

For Australian citizenship purposes, your permanent residence starts on the day we grant the visa.

 

Including family members

Members of the same family unit may apply together on the same application. They must:

  • be in Australia at the time of application
  • be eligible to apply for this visa

Members of the same family unit are:

  • spouse or de facto partner of the family head
  • dependent child or step-child of the family head
  • dependent child or step-child of the family head’s partner
  • other dependent relatives of the family head

The family head can be you. It can also be someone else in your family who has not applied for this visa.

A dependent child is a child or step-child who is under 18 years old. A dependent child can be 18 years old or older if they are:

  • incapacitated for work due to loss of their bodily or mental functions; or
  • wholly or substantially reliant on their parent or step-parent for financial, psychological or physical support

We do not consider a child or step-child of any age to be a dependent child if they are currently married, engaged to be married or in a de facto relationship.

Children who are not dependent children must apply for their own visa

Other dependent relatives may include relatives such as the family head’s:

  • parent
  • brother/sister
  • grandparent/grandchild
  • aunt/uncle
  • cousin
  • niece/nephew
  • or step equivalent to any of the above

We consider a relative to be a dependent relative of the family head if they:

  • do not have a spouse or de facto partner
  • usually lives with the family head; and
  • are wholly or substantially reliant on the family head for financial, psychological or physical support

Members of the same family unit applying for this visa must meet our health, character and security requirements.

Newborn child

If a child is born after you submit your application and before we make a decision on your application, the child will be taken to be included in that application. You must tell us as soon as possible by:

If a child is born in Australia, we automatically grant them the same visas their parents hold at the time of the child’s birth.

If either parent is an Australian citizen or Australian permanent resident at the time of the child’s birth, the child might be an Australian citizen by birth.

 

Cost

AUD40

 

Apply from

You must be in Australia when you apply for the visa.

 

Processing times

We aim to finalise protection visa applications as quickly as possible. This is a very complex process and will take some time. You can assist us in finalising your application by responding to any requests from us within the specified timeframes.

Your application can take longer to process if:

  • you do not fill in your application in correctly
  • you do not include all the documents we need
  • we need more information from you
  • you do not respond to requests for information quickly
  • it takes us time to verify your information

 

Your obligations

You and your family members must obey all Australian laws.

 

Travel

You can travel to and from Australia for 5 years from the date we grant the visa. After 5 years you will need a Resident Return (RRV) visa (subclass 155) or (subclass 157) to re-enter Australia.

If you want to travel outside Australia, after we grant the visa, you should first contact any Australian Passport Office of the Department of Foreign Affairs and Trade to  apply for a travel document

We recommend that you do not use the passport or travel document issued to you by your country of nationality. If you do so, we may consider that you are no longer in need of protection from your home country and we may cancel your visa.

 

Travel to the country from which we granted you protection

Travel condition 8559 applies to this visa.

If we grant you this visa, you and members of your same family unit, must not enter the country or countries from which we granted you protection unless we approve that entry in writing before you travel.

We will only give you approval to enter the country from which we granted you protection if there are compassionate or compelling circumstances justifying your travel.

If you enter the country from which we granted you protection without written approval, even for a short time, you will breach condition 8559. As a result, we might cancel your visa and the visas of members of your family unit.

Before you travel, see condition 8559.

 

Visa label

We will digitally link your visa to your travel document or ImmiCard. You will not get a label in your travel document.

 

Have arrived in Australia legally

You must have arrived in Australia on a valid visa and be immigration cleared on arrival.

You can’t make a valid application for this visa if you are an unauthorised maritime arrival.

 

Be a refugee or engage Australia’s complementary protection criteria

As defined by the Migration Act 1958 (Migration Act), in order to engage Australia’s protection obligations you must:

  • be a refugee or
  • meet the complementary protection criteria

Australia must not return people to their home country where there is a risk that the person may suffer harm because they engage Australia’s protection obligations.

To find out what it means to be a refugee and meet the complementary protection criteria see Australia’s protection obligations.

 

Meet our identity requirements

We may require documents as evidence of your identity, nationality or citizenship with your application. It is your responsibility to cooperate and provide this evidence so identity checks can be completed.

We may ask you to for biometrics (a scan of your fingerprints and a digital photograph of your face) as part of your application.

We will use the information collected about your identity when assessing your claims for protection and completing character and security checks.

 

Not be barred from lodging a permanent protection visa application

You can’t make a valid permanent protection visa application if you:

  • have been refused a protection visa since your last arrival to Australia, or
  • have had a protection visa cancelled since your last arrival to Australia, or
  • are a national of 2 or more countries, or
  • have protection in a prescribed safe third country

The Minister has the power to lift any application bar if it is determined to be in the public interest.

We will let you know if an application bar affects your Permanent Protection visa application.

 

Not have held any of these visas

You must not hold or ever held any of the visas listed below:

  • Temporary Protection visa (subclass 785)
  • Temporary Safe Haven visa (subclass 449)
  • Temporary (Humanitarian Concern) visa (subclass 786), or
  • Safe Haven Enterprise visa (subclass 790)

 

Meet our security requirements

As part of the application process, we will assess whether you meet Australia’s security requirements for the grant of a protection visa.

 

Meet our health requirements

You must undergo health examinations . This will protect your health and the health of the Australian community.

These examinations are conducted by Bupa Medical Visa Services.

We will give you a health identifier (HAP ID) and information about how to arrange your health examinations after you have lodged your visa application.

 

Meet our character requirements

You must meet certain character requirements.

 

Sign the Australian values statement

If you are 18 years of age or older, you must:

 

What you can do when you have this visa

 

What you must do on this visa

You and your family members must obey all Australian laws.

Travel condition 8559 applies to this visa.

 

Tell us if things change

Things you need to let us know about when you have this visa:

  • changes to your name, phone number, email, address or passport
  • changes to your marital or de facto status
  • the birth of a child
  • a death in your family

See what to do if your situation changes.

 

Proving you have a visa

ImmiCard

You and your eligible family members can obtain an ImmiCard.

An ImmiCard is an official, secure immigration credential. It contains a photograph and personal details such as family name, given names, date of birth and gender.

ImmiCards also have a unique number linked to biometric and visa details in our system.

 

Visa details

To prove you have a visa and show your conditions to someone, use VEVO.

 

Work and study

With this visa, you can work and study. You are protected by Australian workplace law. For more information on your workplace rights and entitlements see Visa holders and migrant workers.

If you are in Australia, you may be eligible for a free, fast-tracked skills assessment if you have skills in a priority occupation. For more information see Migrant Skills Incentives.

 

Bringing family

As an Australian permanent resident, you might be able to sponsor eligible family to come to Australia through the offshore Humanitarian Program.

To find a visa for your family member, explore visa options.

 

Becoming an Australian citizen

After a certain time, you might be eligible for Australian citizenship. Find out more about becoming an Australian citizen. For citizenship purposes, your permanent residency starts on the day we grant your visa.

 

Get support

Australian government services

You may be able to access a range of services offered by the Australian Government such as:

Services Australia delivers a range of social and health-related payments and services. For more information about the range of available services and your eligibility to access them go to Services Australia.

 

Unaccompanied Humanitarian Minor program

If you are an unaccompanied humanitarian minor, you can get support through the Unaccompanied Humanitarian Minors program.

 

Australian Taxation Office

To receive an income in Australia, you need a Tax File Number (TFN). Income includes wages or salary from a job, government payments and income from investments. For more information or to apply for a TFN online, go to the Australian Taxation Office.

 

Information pack on domestic and family violence, sexual assault and forced marriage

The Australian Government has developed a family safety pack with information on Australia’s laws regarding domestic and family violence, sexual assault and forced marriage. The family safety pack also includes important information about essential services and emergency contacts in Australia.

 

Leaving Australia

You can travel to and from Australia for 5 years from the date we grant the visa. After 5 years you will need a Resident Return (RRV) visa (subclass 155) or (subclass 157) to re-enter Australia as a permanent resident.

 

Before you leave

Check your travel documents

Check the travel component of your visa is still valid in VEVO.

We recommend that you do not use the passport or travel document issued to you by your country of nationality. If you do so, we may consider that you no longer require Australia’s protection and we may cancel your visa.

Contact any Australian Passport Office of the Department of Foreign Affairs and Trade to apply for an Australian travel document.

 

Travel facility and Resident Return visa

When you are granted a permanent Protection visa, you can travel to and from Australia for 5 years from the date we grant the visa. This means you can leave and re-enter Australia as many times as you like in the 5 years from the date we granted your Permanent Protection visa, as long as your visa is in effect.

After 5 years your travel facility expires and you will need to apply for and be granted a Resident Return (RRV) visa (subclass 155) or (subclass 157) to re-enter Australia as a permanent resident.

If you leave Australia after the travel facility of your permanent Protection visa has expired, or if it expires when you are overseas, you will need to apply for, and be granted, an RRV before you can return to Australia as a permanent resident.

For further information on the travel facility on your permanent visa and advice on when to apply for a Resident Return visa, see Overseas travel as a permanent resident.

 

Travel to countries from which we granted you protection

Travel condition 8559 applies to this visa.

With this visa you and members of your family unit can travel in and out of Australia. You must not enter the country or countries from which we granted you protection unless we approve that entry in writing before you travel.

We will only give approval to enter the country from which we granted you protection if there are compassionate or compelling circumstances for your travel.

If you enter the country from which we granted you protection without written approval, even for a short time, you will breach condition 8559. As a result, we may cancel your visa and the visas of members of your family unit.

Before you consider travelling to your home country,  you must seek and obtain written approval to travel from us.

 

Consular assistance may not be available while overseas

We will normally facilitate re-entry to Australia for persons holding valid travel documents issued by the Australian Passport Office, such as a Convention Travel Document.

If you travel overseas, with or without obtaining approval to travel, you do so at your own risk. Consular assistance is only available to Australian citizens, and only to permanent residents in crisis situations.

 

At the Border

Leaving the airport faster

We have an automated process that uses facial recognition technology and your ePassport. You could leave the airport faster if you use SmartGate

 

Please see the Department of Home Affairs website to know more about this visa: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/protection-866

 

 

 

Testimonials

This is what some of our clients have said in summary about our Australian Immigration services:

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