Australian Protection Visa Subclass 866: Requirements & Eligibility

Visiting Australia and not wanting to return is a common feeling you may experience! From diverse job opportunities to affordable healthcare – Australia is the ideal place to be, especially for those seeking residence. With the Protection Visa Subclass 866, individuals who meet eligibility criteria can seek permanent residence. Continue reading to learn vital details associated with this visa.

All About Protection Visa Subclass 866

A Permanent Protection Visa (subclass 866 protection visa) allows you to live and/or work in Australia permanently. With this visa, you can access government services such as Medicare and Centrelink, sponsor eligible family members for permanent residence, and travel to and from Australia for five years. So, if you are sure about studying abroad (in Australia), you should know all about this. 

Your application can include family members who are in Australia and meet the eligibility criteria, such as spouses, de facto partners, dependent children, and other dependent relatives.

Any children born after submitting your application and before a decision is made and born in Australia will receive the same visas as their parents. If either parent is an Australian citizen or permanent resident, the child may be an Australian citizen by birth.

Eligibility Criteria for Protection Visa 866

To be eligible for the Protection Subclass 866 visa, you must be a legal immigrant living in Australia. Unauthorized maritime arrivals are  not considered. Other criteria for eligibility include:

1.The individual must classify as a refugee or meet complementary protection criteria according to Australian migration and protection guidelines.

2.The individual should provide documentation and biometric scans to prove their nationality or citizenship. Valid proofs may include passports, birth certificates, and employment records.

3.The individual must not have had a previous protected visa application cancelled or since the last arrival toAustralia.

4.The individual cannot be in possession of the following:

o   Safe Haven Enterprise visa (subclass 790) 

o   Temporary Protection visa (subclass 785) 

o   Temporary (Humanitarian Concern) visa (subclass 786) 

o   Temporary Safe Haven visa (subclass 449)

What are Requirements for Protection Visa 866

The following are the requirements for obtaining a subclass 866 protection visa 866:

Arrival in Australia

• Must have arrived in Australia legally on a valid visa.
• Must be immigration cleared on arrival.
• Cannot be an unauthorized maritime arrival.

Refugee Status or Complementary Protection

• Must be a refugee or meet Australia’s complementary protection criteria defined by the Migration Act 1958.
• Australia must not return individuals to their home country, where they risk suffering harm.

Identity Verification

• Provide documents as evidence of identity, nationality, or citizenship.
• Need to provide biometrics (fingerprint scan and digital photograph).

Eligibility to Apply For Subclass 866 Protection Visa

• A protection visa must not have been refused since the last arrival in Australia.
• Must not have had a protection visa canceled since the last arrival in Australia.
• Must not have held a Temporary Protection visa (subclass 785), Temporary Safe Haven visa (subclass 449), Temporary (Humanitarian Concern) visa (subclass 786), or Safe Haven Enterprise visa (subclass 790).

Security Requirements

• Must meet Australia's security requirements for the grant of a protection visa.

Health Requirements

• Undergo health examinations conducted by Bupa Medical Visa Services.
• You will receive a health identifier (HAP ID) after you have filled out the visa application.

Character Requirements

Must meet certain character requirements for protection visa Australia and not have:

• A substantial criminal record.
• Been convicted of a sexually based crime involving a child.
• Associations with criminal organizations or involvement in serious crimes.
• Adverse security assessments or Interpol notices indicating a risk to the Australian community.
• Been convicted of escaping from immigration detention or related offenses.
• Domestic violence convictions or orders.

Australian Values Statement

If 18 years or older, must:

• Read or have the Life in Australia booklet explained.
• Sign or accept the Australian Values Statement, confirming respect for the Australian way of life and adherence to Australian laws.

Australian Protection Visa Subclass 866 Application Process

The application process for a visa may need to be simplified and clarified. Consult an authorized agent to help you out. Before initiating the process, ensure you have:

• Gathered all the relevant and authentic documents.

• Prepared and answered the questions on the form truthfully.

• Gathered and attached evidence and supporting documents, including the ones for sponsors in your application, if any.

• Notified your nominations for appointed authorized recipients and agents via Forms 956A and 956, respectively, in writing.

• Translated all non–English documents into English.

Application Process:

•  Open an ImmiAccount to begin your application and upload documents.
• Follow the instructions to complete the application form and pay the AUD 45 (INR 2,553) fee.
• Note your Transaction Reference Number (TRN) for tracking purposes.
• You will receive an acknowledgment letter via email.
• Monitor application status, attach documents, and update personal information through the ImmiAccount portal.
• Processing time varies based on individual circumstances.
•  If approved, you will receive a notification letter with grant details; if denied, you will receive reasons in a notification letter.

Conclusion

When applying for a Protection Visa in Australia, ensure all documents are current and accurate. Include detailed documentation explaining your familial relationships when adding family members to your application. Consulting with a registered migration agent or legal expert is advisable for assistance with your application process. 

If your visa is granted, review the eligibility requirements for Australian citizenship. Adhere strictly to all laws and regulations to maintain your visa status without any violations. Australia offers a vibrant culture and abundant economic opportunities, making it an ideal destination.

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