Automatic Conversion of TPV/SHEV Applications to Subclass 851 in 2026: What the Law Requires
Explains who is covered by the automatic conversion of pending TPV or SHEV applications to Resolution of Status (subclass 851) and what must still be assessed.
If you applied for a Temporary Protection visa (TPV, subclass 785) or a Safe Haven Enterprise visa (SHEV, subclass 790) before 14 February 2023 — whether as your first application or as a subsequent application — you do not need to lodge a separate Resolution of Status (RoS, subclass 851) application. The Department of Home Affairs states on its Resolution of Status (Subclass 851) page that it converts those applications to subclass 851 itself, and will notify you if the visa is granted. This article is general information only and is not personalised advice, so confirm the current requirements on the official page or get guidance from a registered migration agent or legal practitioner about your own circumstances.
How does the automatic conversion to subclass 851 work?
The conversion mechanism means the Department treats a pending TPV or SHEV application as, or changes it into, a Resolution of Status application. You do not file a new form or pay a new charge for the conversion.
Assume an applicant lodged an initial TPV in 2021 and it was still pending on 14 February 2023. If the Department later finds that person meets the TPV or SHEV criteria, it converts that pending application to a subclass 851 application. The applicant does not need to lodge a separate RoS application, and the Department will notify the applicant if a RoS visa is granted.
Who is covered by the automatic conversion?
Two groups are covered, based on the official page.
- Initial TPV or SHEV applicants: If 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 will convert your application to an application for a RoS visa, and will notify you if you are granted the visa.
- Subsequent TPV or SHEV applicants: If you hold a TPV or SHEV and applied for a subsequent TPV or SHEV before 14 February 2023, you also do not need to apply for a RoS visa. The Department has converted your application to an application for a RoS visa, and will notify you if it grants the visa.
Who still has to apply for subclass 851 themselves?
The automatic conversion does not cover every TPV or SHEV holder. Current TPV and SHEV holders who had not submitted a subsequent TPV or SHEV application before 14 February 2023 must apply for a RoS visa online via ImmiAccount. They must apply before their current TPV or SHEV ceases to remain lawful, and they must be in Australia when they apply; if they do, the Department will extend that visa until it decides the RoS application.
If you are already an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, an application for a RoS visa is also an application for a bridging visa.
What criteria must a converted application still meet?
Conversion does not remove the need to satisfy the Resolution of Status criteria. After conversion, the Department still assesses whether you meet the legal requirements for the grant of the visa.
Do I have to meet the basic eligibility rules?
To be eligible for a RoS visa, you must be a holder or former holder of a Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790), and you must have first arrived in Australia before 14 February 2023. The Department must not have cancelled your visa.
What if my most recent TPV or SHEV was refused or cancelled?
If the Department cancelled your most recent TPV or SHEV, or your TPV or SHEV application was refused and finally determined, you cannot make a valid application for a Resolution of Status visa. The official page states that people found not to engage protection obligations, and whose application has been finally determined, are expected to depart Australia, and the Department may provide assistance to depart. If you have new, credible protection claims relating to changes in your country of origin or personal circumstances, you may request Ministerial Intervention; the Minister will not reconsider claims already considered in a Protection visa application or by the Tribunal.
Are health, character and security still assessed?
Yes. All applicants must meet health, character and security requirements. You may need to undergo health examinations, although the Department may waive the health requirements if you already satisfied them for the grant of a TPV or SHEV. Character requirements apply, and if asked you must provide police certificates from each country you lived in for 12 months or more during the past 10 years after turning 16, unless you have already provided this information with your TPV or SHEV application. You do not need to arrange police certificates until the Department asks you to. Security requirements are assessed as part of the process.
Do I need to establish my identity again?
You may be asked to provide documents as evidence of your identity, nationality or citizenship, and to provide biometrics (fingerprints and a digital photograph) if you have not provided them before. If you are invited to provide identity information and do not do so within the timeframe given, you will be given an opportunity to explain why and to show the steps you took. If you do not make a genuine attempt to establish your identity, the Department may consider refusing the application.
If, after your response, the Department still has substantial concerns with a previous finding about your identity, it will assess whether you meet at least one of the following before granting the visa:
- You would satisfy the criteria for the grant of a protection visa, including engaging Australia’s protection obligations.
- There is a compelling or compassionate reason for you to be granted a RoS visa, which could include family circumstances, health needs or a positive contribution to Australian society.
- You are a member of the same family unit as a person who holds a RoS visa.
Do I need to sign the Australian Values Statement?
If you are 18 years of age or older, you must have read, or had explained to you, the Life in Australia booklet, and you must confirm that you will respect the Australian way of life and obey Australian laws when you sign or accept the Australian Values Statement.
Does the section 46A application bar still matter?
You cannot make a valid RoS visa application while you are subject to an application bar, including the section 46A bar that applies to Unauthorised Maritime Arrivals. The online application form for a RoS visa includes the notification of a section 46A application bar lift. You must apply online via ImmiAccount, unless the Department has authorised you to lodge a paper form and notified you in writing of a bar lift.
What happens after the Department converts the application?
After conversion, you do not need to provide the claims, information or documents you already gave as part of your previous TPV or SHEV application, and you do not need to ask the Department for copies of them.
The Department continues to process the converted application. It may ask you for more information, and if it does you will have to respond by a set date; after that date it can decide the application using the information it already has. You can also give the Department more information in writing at any time before a decision is made.
If you have made a valid application, including a converted one, you remain holding your current TPV or SHEV indefinitely until a final decision is made on the application. However, a RoS applicant must be in Australia for the grant of the visa. If you are overseas when the RoS visa is ready to be granted, you will be contacted and asked to return to Australia within 28 days; if you do not return, the application may be refused.
What does a granted subclass 851 visa allow?
The Resolution of Status visa is a permanent visa. It lets you stay in Australia indefinitely, and you become an Australian permanent resident on the day the visa is granted. For Australian citizenship purposes, your permanent residence also starts on the grant day.
There are no travel restrictions on the visa, and you can travel to and from Australia for 5 years from the date of grant. To re-enter Australia after 5 years you will need a Resident Return visa (RRV). The visa is digitally linked to your travel document or ImmiCard, so you will not get a label in your travel document.
Frequently Asked Questions
I applied for my first TPV before 14 February 2023 — do I need to do anything for subclass 851?
No. If the Department finds you meet the criteria for the TPV or SHEV, it will convert your application to a subclass 851 application. You do not need to lodge a new RoS application, and the Department will notify you if the visa is granted.
I applied for a subsequent TPV or SHEV before 14 February 2023 — has my application already been converted?
Yes. The official page states that the Department has converted applications from TPV or SHEV holders who lodged a subsequent TPV or SHEV before 14 February 2023. You will be notified if a RoS visa is granted to you.
Is there a visa application charge for subclass 851 or for the conversion?
No, there is no cost for the Resolution of Status visa. The Department also warns that it does not charge a fee to fast-track a visa, so any offer of paid fast-tracking is a scam.
My TPV or SHEV was refused and finally determined — can I still be converted to subclass 851?
No. If your most recent TPV or SHEV was cancelled, or your application was refused and finally determined, you cannot make a valid subclass 851 application. You may request Ministerial Intervention only if you have new, credible protection claims that could not be raised earlier.
Will I have to give biometrics or identity documents again after conversion?
You may be asked for identity, nationality or citizenship documents, and for biometrics if you have not provided them before. If you do not respond to an identity request within the timeframe, you will be given a chance to explain, but a failure to make a genuine attempt may lead to refusal.
I am outside Australia when my converted application is decided — what happens?
A RoS applicant must be in Australia for the grant of the visa. If you are overseas when the visa is ready to be granted, you will be contacted and asked to return within 28 days. If you do not return, the application may be refused.
Can I travel while my converted subclass 851 application is still pending?
TPV or SHEV holders who have made a valid application for a RoS, including a converted one, remain holding their current visa until a final decision is made. The Department’s official page explains permission to travel for TPV and SHEV holders who need to travel overseas.
References
Australian Department of Home Affairs — Resolution of Status (Subclass 851)