Subclass 866 visa: Protection

Streams

The 866 has no streams.

866 visa requirements

Home Affairs lists these on the Eligibility tab of its Protection visa page:

• Arrival on a valid visa. The applicant arrived in Australia holding a visa in effect and was immigration cleared on arrival. Unauthorised maritime arrivals, and people not immigration cleared on their last entry, can't make a valid application.
• Protection obligations. As defined by the Migration Act 1958, the applicant is a refugee or meets the complementary protection criteria. Home Affairs explains these terms on its Australia's protection obligations page. Family unit members of someone who engages these obligations can also apply.
• Identity. Home Affairs may require evidence of identity, nationality or citizenship, and biometrics (identity requirements).
• No application bar. A valid application can't be made by someone refused a protection visa, or whose protection visa was cancelled, since their last arrival. The Minister can lift the bar in the public interest.
• Previous visas. The applicant must not hold, or ever have held, a Temporary Protection visa (subclass 785), Temporary Safe Haven visa (subclass 449), Temporary (Humanitarian Concern) visa (subclass 786) or Safe Haven Enterprise visa (subclass 790).
• Security. Home Affairs assesses whether the applicant meets Australia's security requirements.
• Health. Health examinations, arranged after lodgement (health requirement).
• Character. The character requirement.
• Australian values. Applicants 18 and over sign or accept the Australian Values Statement.

What the visa lets you do

According to Home Affairs' Protection visa page, the visa lets holders:

• live, work and study in Australia permanently
• access government services such as Medicare and Centrelink
• sponsor eligible family members for permanent residence through the offshore Humanitarian Program
• travel to and from Australia for 5 years from grant.

After 5 years, a Resident Return visa (subclass 155 or 157) is needed to re-enter Australia.

Family members and cost

Members of the same family unit can apply together on the same application if they are in Australia and eligible to apply. Home Affairs defines them as the family head's spouse or de facto partner, dependent child or stepchild, the partner's dependent child or stepchild, and other dependent relatives. The family head can be the applicant or another family member who has not applied. After lodgement, only a partner or dependent child of an applicant can be added, if they are in Australia and eligible, and before a decision.

Home Affairs' Visa Pricing table lists:

The table lists no separate charge for additional applicants.

Step by step

This follows the Step by step tab of Home Affairs' Protection visa page.

Before you apply

1. Applicants can prepare the application themselves or appoint someone to act for them. Home Affairs lists free legal help, and immigration assistance can only come from a registered migration agent, a legal practitioner or an exempt person.

Apply

1. Gather the documents listed in the online form, plus relationship documents for any family members included.
2. Lodge online in ImmiAccount. Home Affairs says applicants must tell the truth, and email is its preferred way to communicate.

After you apply

1. Home Affairs sends an acknowledgement letter. It may grant a bridging visa while the application is processed.
2. Home Affairs gives a health identifier (HAP ID) when health examinations are needed, and may ask the applicant to attend an interview.
3. Applicants with a valid application might be able to get assistance through the Status Resolution Support Services program.
4. Home Affairs tells the applicant its decision in writing. A refusal letter gives the reasons, the review rights with the Administrative Review Tribunal and the time limit to apply for review.

Applying in or outside Australia

Home Affairs says applicants must be in Australia when they apply (Protection visa page).

866 visa processing time

Home Affairs publishes current processing times in its visa processing times guide.

Compare: 866 and 785