Resolution of Status (RoS) visa (Class CD) 005-02060050

RoS (CD851) visas commenced from 9 August 2008. It is a permanent refugee visa. Upon commencement of the RoS (CD851) visa the 447 Secondary Movement Offshore Entry visa, 451 Secondary Movement Relocation visa, 695 Return Pending visa and 785 Temporary Protection visa (TPV) were all repealed. For more information on visas, see Common types of Australian visas.

Note: issuing of the RoS subclass BL851 visa ceased 9 August 2008. This was an 'ordinary' permanent visa. People who hold this visa, granted prior to 9 August 2008, are assessed as a normal permanent resident visa with no refugee conditions.

Before 9 August 2008, asylum seekers who arrived in Australia unlawfully but found to be in need of protection under the Refugees Convention were issued a TPV. These visas gave people access to limited payments such as Special Benefit (SpB), Family Tax Benefit (FTB) and ancillary payments. After 9 August 2008, people who held one of the following visa types were eligible to apply for a RoS (CD 851) visa:

• 447 Secondary Movement Offshore Entry
• 451 Secondary Movement Relocation
• 785 Temporary Protection
• 695 Return Pending

There is no closing date to apply for the RoS (CD 851) visa class. People issued with a RoS (CD 851) visa are recognised as refugees for Services Australia purposes. After the grant of their RoS (CD 851) visa, former TPV holders have immediate access all other applicable income support payments or benefits and associated services. As this visa is granted onshore, people are not entitled to Crisis Payment for Humanitarian Entrants.

Note: customers must have applied for and granted the RoS (CD 851) visa before their residence status for Services Australia purposes changed. They continued to hold their TPV until granted the RoS (CD 851) or their TPV expires.

On 13 February 2023, the Australian Government announced the implementation of its commitment to transition TPV subclass 785 and SHEV subclass 790 holders to a permanent RoS subclass 851 visa.

If a person had held or applied for a TPV 785 or a SHEV 790 before 14 February 2023, they may be eligible for a permanent RoS (CD851) visa.

Initially the Department of Home Affairs will invite specific TPV 785 and SHEV 790 holders to apply for a RoS (CD851). This will include those who hold a TPV/SHEV that is due to expire soon based on the announcement date above. For more information, see the Department of Home Affairs website.

All other TPV/SHEV holders could apply online from 23 March 2023 through the Home Affairs website.

Department of Home Affairs will finalise the majority of the TPV/SHEV holders within 12 months of the commencement of processing.

Direct all visa enquiries to the Department of Home Affairs.

As the Centrelink system only recognises the subclass 851, the system is able to distinguish the type of RoS visa 851 issued to the customer by using the date of issue. If granted:

• before 9 August 2008, 851 visa will be BL. These are not a refugee visa
• after 9 August 2008, 851 visa will be CD. These are a refugee visa

Once granted a RoS (CD 851) visa, customers on payment will have their records reassessed including the transfer to another suitable payment. Customers ceased to qualify for Special Benefit (SpB) once they qualify and become payable for another income support payment.

Treat them as refugees while holding a RoS (CD 851) visa, see References page for a link to the Social Security Guide for a definition of refugee. No residency waiting periods or qualifying residence periods apply to these customers, they are eligible to claim all available Services Australia pensions, benefits and allowances once granted their permanent resident visa. This includes JobSeeker Payment (JSP), Parenting Payment (PP), Youth Allowance (YA), Disability Support Pension (DSP), Carer Payment (CP), Carer Allowance (CA), Age Pension etc.

Previously, as holders of a Temporary Protection Visa (TPV) these customers only had access to limited services from Employment Services Providers. RoS (CD851) Visa holders are a Fully Eligible Participant (FEP) and eligible for a full range of services and approved activities such as Adult Migrant English Program (AMEP).

A refugee exemption from mutual obligation requirements is not automatically applied to a customer's record on the grant of a RoS (CD851) visa. This is because they usually have been in the community for some time and an exemption from mutual obligation requirements would unnecessarily delay their access to employment services. However, consider if a temporary exemption up to 13 weeks from their mutual obligation requirements should apply where it is appropriate to assist with adjustment to their changed circumstances.