Australia opens permanent Resolution of Status pathway for TPV and SHEV holders

Policy effect

Australia allowed existing Temporary Protection visa and Safe Haven Enterprise visa holders to apply for permanent Resolution of Status visas, ending temporary-only protection for that cohort.

Conditions and exceptions

Validated condition or limit: Australia allowed existing Temporary Protection visa and Safe Haven Enterprise visa holders to apply for permanent Resolution of Status visas, ending temporary-only protection for that cohort.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

OPC66259 - C Schedule 1—Amendments Part 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: TPV/SHEV transition day means the day Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences. 2 After regulation 2.08F Insert: 2.08G Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas (1) For the purposes of section 45AA of the Act, despite anything else in the Act but subject to subregulations (3) and (4) of this regulation, a valid application (a pre-conversion application) for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa made before the TPV/SHEV transition day by an applicant described in column 1 of an item of the following table is, immediately after this regulation starts to apply in relation to the application under column 2 of the item: (a) taken not to be, and never to have been, a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa, except for the purposes of section 197C of the Act; and (b) taken to be, and always to have been, a valid application for a Resolution of Status (Class CD) visa, made by the applicant. Note 1: As a result, the Minister is required to make a decision on the pre-conversion application as if it were a valid application for a Resolution of Status (Class CD) visa. Note 2: TPV/SHEV transition day is defined in regulation 1.03. Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply 1 An applicant in relation to whom both of the following apply: (a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had not made a decision in relation to the pre-conversion application under section 65 of the Act On the TPV/SHEV transition dayAuthorised Version F2023L00099 registered 13/02/2023 Amendments Schedule 1 Amendments Part 1 Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 3 OPC66259 - C Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply 2 An … relation to the application, in which: (a) judgment is reserved by a court as at immediately before the TPV/SHEV transition day; or (b) judgment has been delivered by a court before the TPV/SHEV transition day. 3 Subitem 1127AA(3) of Schedule 1 (at the end of the table) Add: 4 Both of the following apply: (a) the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) the applicant first entered Australia before the TPV/SHEV transition day At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not … made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined Nil 5 All of the following apply: (a) on the TPV/SHEV transition day, the applicant did not hold a Subclass 785 At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has NilAuthorised Version F2023L00099 registered 13/02/2023 Schedule 1 Amendments Part 1 Amendments 6 Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 OPC66259 - C (Temporary Protection) … visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) at any time before the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (c) the Subclass 785 (Temporary Protection) visa or Subclass 790 (Safe Haven Enterprise) visa most recently held by the applicant was not cancelled; (d) since the applicant was granted the visa mentioned in paragraph (c), the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa refused and finally determined …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2023

• 2023-07-01Across-the-Board Increase in Visa Application Charges (VACs)
• 2023-09-02Phased Closure and Restriction of the Subclass 408 COVID-19 Pandemic Event Visa Stream
• 2023-10-19Resolution of Status (Subclass 851) Visa Eligibility Expansion & Identity Integrity Provisions
• 2023-11-01Expanded visa cancellation ground for concealed biosecurity goods
• 2023-11-18Enactment of Mandatory Bridging Visa Conditions Regime (Post-NZYQ)
• 2023-11-25Expanded Permanent Residence Pathways under Temporary Residence Transition (TRT) Stream
• 2023-12-08Community Safety Order Scheme & Enhanced Bridging Visa Monitoring Measures
• 2023-12-11Removal of mandatory Workforce Australia advertising for labour market testing