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All You Need to Know About Australian Protection Visa

Posted by : ISA Migrations

10Jan
2023

All You Need to Know About Australian Protection Visa

Applicants who seek protection can apply for several visas under Australia’s Immigration programme for refugees, depending on their circumstances. Applicants must legally reside in Australia for some visas, while visa subclasses 785 and 790 are open to refugees who arrived in Australia without a valid one.

Australian visas come in various forms under the Humanitarian visa Australia and Refugee Immigration Program, such as protection visa 866, temporary protection visa 785, and refugee visas subclass 200, In-Country Special Humanitarian Subclass 201, Subclass 203, and woman at risk visa subclass 204).

If the applicant is already in Australia, they may apply for a Protection visa Subclass 866, which gives them access to Medicare and social security benefits and permanent residency status. The applicant must submit to the standard health, character, and security checks necessary for all immigrants to grant a Protection visa. They must also sign an “Australian Values Statement” acknowledging their acceptance of the Australian way of life and their commitment to upholding all Australian laws.  A person with a Protection visa has additional responsibilities that they must fulfil.

Eligibility For Protection Visa

To qualify for a protection visa Australia, an applicant must fulfil the following criteria:

  • He must meet the convention’s definition of a refugee.
  • The applicant must prove that he has met the requirements for complementary protection under the Australian Migration Act of 1958.
  • The applicant must have entered Australia with a valid visa.
  • The applicant must make a valid protection appeal.
  • The applicant must not have any prohibition from applying for a protection visa.
  • The applicant establishes his moral and physical fitness and that obtaining this visa is in the nation’s best interest.
  • He must not hold any of the following visas-

                – Temporary protection visa subclass 785
                – Temporary haven visa subclass 449
– Temporary  (humanitarian concern) visa subclass 786
– Haven enterprise visa subclass 790

The applicant with the above eligibility requirement must satisfy the subclass 866 visa conditions attached to the visa application. 

Document Checklist For Protection Visa Subclass 866

Following are the documents required to apply for a protection visa subclass 866 –

  • Documents for Identification, such as:
  • A certificate of birth
  • Identity at the national level.
  • A licence to drive.
  • An attesting certificate for name change (if applicable).
  • Correspondence papers.
  • A recent passport-sized photo and fingerprints.
  • Evidence of relationship (documentation demonstrating the relationship with the partner)
  • Evidence of moral excellence.
  • Evidence of Health prerequisites
  • Adhere to the Australia Values Statement.
  • Certifies copies of prior visas
  • Anyone applying for a protection visa alongside must include the following information:

– A copy of their biographical data from their passport.

-Certificate of birth.

– Identity documents.

– A licence to drive.

-Evidence of name change.

-Certificate of descent.

-Financial records of joint accounts

-Documentation showing the relationship.

  • A copy of applicable forms like forms 956 and 956a, visa application form 866

All the above documents must be updated recently and signed duly. The applicant must recheck all the documents before submitting a visa application.

Application Process Protection Visa 866

There are two manners to refer for an Australia protection visa:

  • Use of the visa service online.
  • Through a paper application.

Use of the visa service online.

To submit the required documents and finish the online visa application, the applicant must create an ImmiAccount. The applicant must follow the instructions from the internet service. After he has submitted the documents and finished the visa application, pay the visa fees to finalise the visa application. If a Visa Consultant Perth helps the applicant with his application, he can post a written statement via your ImmiAccount outlining who is helping him and why.

Through a paper application

The applicant must fill out the application form for protection visa subclass 866 and submit it along with the other supporting documents. He must mail the application to the address provided on the form. 

The department of home affairs will not accept if the applicant submits his application in person. He can still utilise an ImmiAccount for the payment of the visa fee.

Application fees for protection visas total AUD 40. The cost of submitting a later application or bringing other applicants with the applicant is free. For the paper application, there is also no need to pay the non-internet charges.

Related Post: Bridging visas: What are they and how do they differ?

Frequently Asked Questions

Who are the refugees?

Refugees are people who, according to the Refugees Convention, are unable to return to their nation of origin. This condition is evident because people are well-founded and afraid of being persecuted because of their ethnicity, religion, political beliefs, nationality, or membership in a social group. If returning to their place of origin would put them in danger, these refugees can get additional protection in Australia. The critical damage includes,

  • a death sentence
  • a willful taking away of life
    • aversion to suffering cruelly or inhumanely
  • torture or inhumane treatment

Can a candidate for a protection visa bring his family along with him?

The following people can be on the list of the visa application:

  • Associate (Married or de facto)
  • Children who are dependent on him or his partner
  • Other eligible dependent family members

If the children included on the visa application are under 18, they must obtain a parental or guardian agreement before taking a photo or fingerprint for the Immigration Department. Children under 15 years old, incompetent, or physically handicapped do not require fingerprinting.

A protection visa subclass 866 visa is a permanent document that is valid forever. It provides a  travel facility that permits national travel for five years after the visa grant date, which is valid for all its holders. However,  a visa holder cannot enter the nation from which he is requesting protection. The Australian government must grant a permit before he can visit there unless he has a valid reason. 

If a person visits his home country without permission, the Australian government will cancel the protection visa Australia. This condition applies to all the family members from the application. Instead of a passport, the applicant can travel using an Immicard.

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Tags: Eligibility For Protection Visa ,Humanitarian Visa Australia ,protection visa ,Protection Visa Subclass 866 ,Subclass 866
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