The Onshore Protection Visa (Subclass 866) is a permanent visa. This visa is for people who arrived in Australia on a valid visa and want to seek asylum. It lets you stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa. To be eligible for this protection visa, applicants must already be in Australia legally (under another visa) at the time of application.
In order to be eligible for the Onshore Protection Visa (Subclass 866) visa, you must:
- As defined by the Migration Act 1958 (Migration Act), in order to engage Australia’s protection obligations, you must:
- be a refugee or
- meet the complementary protection criteria
- must not return people to their home country where there is a risk that the person may suffer harm because they engage Australia’s protection obligations.
- be present in Australia when you apply for this visa
- not be a national of 2 or more countries, or
- have protection in a prescribed safe third country
- not have been refused a protection visa since your last arrival to Australia
- not have held any of these visas:
- Temporary Protection visa (subclass 785)
- Temporary Safe Haven visa (subclass 449)
- Temporary (Humanitarian Concern) visa (subclass 786), or
- Safe Haven Enterprise visa (subclass 790)
In order to apply for the Onshore Protection Visa (Subclass 866), you will need to:
- Fill a Protection Visa Application Form
- Submit Identification Documents:
- Birth Certificate
- National Identification
- A driver’s license
- Certificate of change of name (if any)
- Relationship Documents
- Sign Australia’s Values Statement
You may be required to supply further supporting documents for assessment by the Department of Home Affairs (DHA).
you will be able to live, work and stay in Australia permanently
you can sponsor your family members for Permanent residence through the offshore Humanitarian program.
you can travel to and from Australia for 5 years except your home country.
attend free English language classes provided by the Adult Migrant English Program if you are eligible.
apply for Australian Citizenship
Frequently asked questions
Yes! Solve Migration’s professional legal team can support you through the Subclass 866 application and approval process. Solve Migration has experience across all family visas including Protection and Refugee visas. Solve Migration’s experience on these matters travel beyond only lodgement with many successful appeals on complex matters before the Administrative Appeals Tribunal in matters concerning citizenship.
The standard cost for a primary applicant is $40.
A non-refoulement obligation is an obligation not to forcibly return, deport or expel a person to a place where there are substantial grounds for believing that the person will be at a real risk of a specific type of harm. Australia has non-refoulement obligations under international treaties to which it is a party, including:
- the 1951 Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol (non-refoulement obligation expressed in Article 33(1) of the Refugee Convention)
- the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) (non-refoulement obligation expressed in Article 3)
- the International Covenant on Civil and Political Rights (ICCPR) (non-refoulement obligation implied in relation to Articles 6 and 7).
Solve Migration, your partner in success.
At Solve Migration, we understand the importance of quality legal support in helping you navigate migration law and visa law concerns. Our team of qualified lawyers is proud to support clients across the country, working in line with the Immigration Act Australia.
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