Am I Eligible for a Resolution of Status (851) Visa in 2026? The Three Legal Tests
How the three legal tests for a Resolution of Status (851) visa work: TPV/SHEV holding, application bars and refusal history.
Your eligibility comes down to three legal tests, and all three come from the Department of Home Affairs' official page on the Resolution of Status (Subclass 851) visa, as at August 2026: you are a holder or former holder of a Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790) who first arrived in Australia before 14 February 2023, you are not subject to an application bar, and your most recent TPV or SHEV was not refused or cancelled. Fail any one of them and your paperwork is not a valid application at all, so there is nothing for the Department to decide. This article is general information about how the rules are written, not advice about your own circumstances; the Department's current page and a qualified professional are the places to confirm how it applies to you.
What are the three legal tests, and where do applications fail?
| Test | What the rule requires | When an application is not valid |
|---|---|---|
| TPV or SHEV holding | You hold, or formerly held, a subclass 785 or subclass 790 visa, you first arrived in Australia before 14 February 2023, and the Department has not cancelled that visa | You never held either visa, you first arrived on or after 14 February 2023, or the Department cancelled the visa |
| No application bar | You are not subject to an application bar, including the section 46A bar that applies to Unauthorised Maritime Arrivals | A bar is still in place, or you lodge on paper without written authorisation from the Department |
| No refusal or cancellation of the latest TPV or SHEV | Your most recent TPV or SHEV was not cancelled, and any TPV or SHEV application was not refused and finally determined | Your most recent TPV or SHEV was cancelled, or your application was refused and finally determined |
Am I a holder or former holder the Department will accept?
Only two visas count. The official page lists the Temporary Protection visa (subclass 785) and the Safe Haven Enterprise visa (subclass 790), each with the added condition that you first arrived in Australia before 14 February 2023. From 14 February 2023, TPV and SHEV holders who held their visa before that date became eligible to apply for a Resolution of Status visa.
Two groups should not lodge a new application. If you applied for an initial TPV or SHEV before 14 February 2023, or you held a TPV or SHEV and applied for a subsequent one before that date, the Department converts your application to a Resolution of Status application if you meet the criteria, and writes to you about the outcome. Current TPV and SHEV holders with no application before the Department can apply online through ImmiAccount, and must apply before their current TPV or SHEV ceases to keep them lawful.
If you are already an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, the page states that an application for a Resolution of Status visa is also an application for a bridging visa.
Does an application bar make my application invalid?
Yes, while the bar is in place. You cannot make a valid Resolution of Status application while you are subject to an application bar, and the page names the section 46A bar for Unauthorised Maritime Arrivals as the relevant one here. The online application form carries the notification that lifts the section 46A bar, which is why the Department requires you to apply online via ImmiAccount unless it has authorised a paper form and notified you in writing that the bar has been lifted.
Paper lodgement is the exception, not the route you choose. The page describes limited circumstances in which the Department will authorise a paper application, including verified ImmiAccount systems issues.
What if my most recent TPV or SHEV was refused or cancelled?
Then you cannot make a valid application. The rule covers two situations: the Department cancelled your most recent TPV or SHEV, or your TPV or SHEV application was refused and finally determined. The Department's stated expectation is that people found not to engage protection obligations, whose application has been finally determined through any merits and judicial review processes, will depart Australia, and that it may provide assistance to depart.
A different, narrower pathway exists for new claims. 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 consider claims already considered in a Protection visa application or by the Tribunal; requests are considered only where the claims are genuine and compelling and could not have been raised in the initial protection visa application. If the Minister does not intervene, the Minister expects you to leave Australia when your current visa expires.
When does the Department look harder at identity, health, character and security?
These requirements sit on top of the three tests and can still stop a grant. You may be asked for evidence of your identity, nationality or citizenship, and for biometrics — fingerprints and a digital face photograph — if you have not provided them before. If you are invited to provide identity information and miss the timeframe, you get a chance to explain why and what steps you took; if you do not make a genuine attempt to establish your identity, the Department may consider refusing the application.
There is a specific fallback where identity findings are contested. If, after your response, the Department has substantial concerns with a previous finding about your identity, it will assess whether you meet at least one of these before granting the visa: you would satisfy the criteria for a protection visa, including engaging Australia's protection obligations; there is a compelling or compassionate reason to grant the visa, such as family circumstances, health needs or a positive contribution to Australian society; or you are a member of the same family unit as a person who holds a Resolution of Status visa.
Health, character and security also apply. Health examinations are conducted by Bupa Medical Visa Services, and the Department may waive the health requirement if you already satisfied it for the grant of a TPV or SHEV. All applicants must meet character and security requirements. Anyone aged 18 or over must have read, or had explained, the Life in Australia booklet and confirm they will respect the Australian way of life and obey Australian laws when signing the Australian Values Statement.
What actually happens once a valid application is lodged?
A valid application protects your lawful status while it is decided. The Department extends the TPV or SHEV of current holders who make a valid Resolution of Status application until it has made a decision, which is why the timing rule matters: apply before your TPV or SHEV ceases. You must be in Australia when you apply and when the visa is granted, and the visa costs nothing to apply for.
If granted, the visa is permanent. You become an Australian permanent resident on the day of grant, and that day also starts your permanent residence for citizenship purposes. The visa lets you live, work and study in Australia permanently, access services such as Medicare and Centrelink, sponsor eligible family members for permanent residence through the family visa stream, and travel to and from Australia for five years — after which re-entry needs a Resident Return visa. Family members can apply together on the same form, but each applicant must meet the requirements in their own right.
Frequently Asked Questions
Do I need to apply if I already applied for a TPV or SHEV before 14 February 2023?
No. If you applied for an initial TPV or SHEV before that date, or held one and applied for a subsequent one before that date, the Department converts your application to a Resolution of Status application if you meet the criteria. The Department will send you a letter if you are granted the visa.
What if my TPV or SHEV expired before 14 February 2023 and I am now unlawful?
The Department's page says an application for a Resolution of Status visa is also an application for a bridging visa in that situation. Current TPV and SHEV holders are still told to apply before their visa ceases to remain lawful.
Does the section 46A bar automatically make my application invalid?
While the bar applies, yes — you cannot make a valid application. The online form includes the notification that lifts the section 46A bar, so the Department expects an ImmiAccount application unless it has authorised a paper form in writing.
Can I apply on paper if ImmiAccount is not working?
Only with authorisation. The Department describes limited circumstances in which it authorises a paper application, including verified ImmiAccount systems issues, and it must notify you in writing of the application bar lift.
Is there a fee for the Resolution of Status visa?
The official page states there is no cost. You must be in Australia when you apply and when the visa is granted.
What if my most recent TPV or SHEV application was refused?
If the refusal was finally determined, you cannot make a valid Resolution of Status application. You may request Ministerial Intervention if you have new, credible protection claims that could not have been raised in your initial protection visa application.
Do my family members have to meet the tests themselves?
Yes. Family members may apply together on the same application form, but each applicant must meet the requirements in their own right. A child born after you apply and before the decision is included in your application once you notify the Department, and a child born in Australia is automatically granted the same visa their parents hold at the time of birth.