New Changes Allow Certain Temporary Protection Visa Holders to Apply for Permanent Residency in Australia
Immigration News
Australian Immigration Minister Alex Giles announced changes to the Temporary Protection Visa (TPV) program in a media release over the weekend. The announcement detailed legislative amendments, new instruments and processes that came into effect on 14 February 2023.
The key changes announced were related to the Transitioning TPV/SHEV Holders to Resolution of Status Visas. The Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023- F2023L00099 makes a number of amendments to allow certain sc 785 Temporary Protection visa (TPV) holders and sc 790 Safe Haven Enterprise visa (SHEV) holders to apply for a sc 851 Resolution of Status (RoS) visa.
This instrument adds new regulations to the Migration Regulations. The purpose of the regulation is to convert certain applications for sc 785 TPV and sc 790 SHEV into applications for a sc 851 RoS visa. This means that the current applications for a TPV or SHEV for the designated cohort of people will be converted to an application for a RoS visa.
The new regulations specify the cohort of people for whom the visas will be converted, and the date of conversion. The first cohort includes applicants who hold a TPV or a SHEV on the TPV/SHEV transition day (14 February 2023) and have made a further application for a TPV or SHEV that remains before the Minister on the TPV/SHEV transition day (14 February 2023). The second cohort includes applicants who hold a TPV or SHEV on the TPV/SHEV transition day (14 February 2023) and have made a further application for a TPV or SHEV that had been refused by the Minister before the TPV/SHEV transition day (14 February 2023).
The third cohort includes applicants who are first-time applicants for the TPV or SHEV in cases where the Minister has not made a decision on the application before the TPV/SHEV transition day (14 February 2023). As there has not yet been any assessment of the protection claims, these applications will continue to be processed as a TPV or SHEV.
The fourth cohort includes applications by applicants who are first-time applicants for the TPV or SHEV, in cases where the Minister decided to refuse to grant the visa before the TPV/SHEV transition day (14 February 2023) and that refusal decision has been successfully challenged at merits review or judicial review, and the application is remitted to the Minister on or after the TPV/SHEV transition day (14 February 2023).
In addition, Item 3 makes amendments to Schedule 1 for the RoS visa Item 127AA(3) to allow an application to be made by applicants who hold a TPV or a SHEV and first entered Australia before the TPV/SHEV transition day (14 February 2023).
The new changes will allow certain TPV and SHEV holders to apply for a RoS visa, which will give them a permanent residency status in Australia. This change will provide more stability and certainty for the affected individuals, who have previously had temporary status with no guarantee of permanent residency. The MIA will provide members with up-to-date analysis of the changes and how to assist these protection visa clients through CPD/information sessions.
In summary, Minister Giles' announcement over the weekend brought significant changes to the legislation, new instruments, and processes related to the Temporary Protection Visa (TPV) program. The changes allow certain TPV and SHEV holders to apply for a Resolution of Status.
The second instrument, Migration (LIN 21/204: Arrangements for Visa Applications) Instrument 2023, commences on 14 February 2023, and sets out transitional arrangements for visa applications in relation to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023.
This instrument sets out the following transitional arrangements:
- Transitional provisions for TPV and SHEV holders: This allows TPV and SHEV holders to apply for a RoS visa as provided for in the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023.
Transitional provisions for applicants who hold a Bridging Visa E (BVE): This allows applicants who hold a BVE and who are in the process of applying for a TPV or SHEV to have their application converted to a RoS visa application.Transitional provisions for applicants who have been invited to apply for a TPV or SHEV: This allows applicants who have been invited to apply for a TPV or SHEV and who are in the process of making that application to have their application converted to a RoS visa application.
These new instruments and processes will provide a permanent pathway for TPV and SHEV holders, allowing them to apply for a RoS visa. The RoS visa will provide these visa holders with greater security and certainty in their status in Australia.
It is important to note that the changes outlined in these new instruments only apply to TPV and SHEV holders, and not to other temporary visa holders. If you are unsure about how these changes may affect you or your visa application, it is recommended that you seek advice from a registered migration agent.
In conclusion, Minister Giles' surprise announcement in the Delivering a permanent pathway for Temporary Protection Visa holders media release over the weekend has resulted in significant changes to the legislation, new instruments, and processes. These changes will allow certain TPV and SHEV holders to apply for a RoS visa, providing greater security and certainty in their status in Australia. The MIA is working to provide members with updated information and support as this happens, and is offering CPD sessions to help members support their clients with these new visa arrangements.
