Australia Protection Visa Subclass 866: Requirements, Eligibility, Process

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By Visa Verge - Senior Editor 16 Min Read

Key Takeaways:

  • Protection Visa 866 is a permanent visa for refugees and those at risk in their home countries.
  • Applicants must be in Australia on another visa and meet refugee or complementary protection criteria.
  • Requirements include a detailed application form, identification documents, health exams, and proof of character and relationships.

Have you ever wondered how people from different parts of the world find safety and start anew in Australia? One way is through the Australia Protection Visa, specifically the Protection Visa 866. This special visa is part of Australia’s commitment to helping refugees and individuals facing serious risks in their home countries. If you’re curious about what it takes to secure this visa, you’ve come to the right place.

In this guide, we’ll walk you through everything you need to know about the Australia Protection Visa 866. We’ll cover the eligibility criteria, important requirements, and the steps involved in the application process. Whether you’re looking to understand the visa for yourself, a friend, or simply to broaden your knowledge, this introduction is your gateway to uncovering how Australia offers protection and a chance at a new life. Dive in to find out more about this important pathway to safety and citizenship.

Australia Protection Visa

Requirements for the Australia Protection Visa, Application Process, Eligibility Criteria, and FAQs

The Protection Visa 866 is part of Australia’s immigration program designed for refugees and persecuted individuals. This visa is granted exclusively to those who meet the specific requirements for refugee immigration.

What Is a Protection Visa Subclass 866?

A Protection Visa 866 is a permanent visa that Australia grants to individuals at risk in their home countries. Here are the key points:

  • Eligibility Requirements:
  • Applicants must already be legally in Australia under another visa at the time of application.
  • Benefits of Protection Visa 866:
  • “If you have an 866 visa, you may be eligible to become an Australian citizen.”

This visa represents a long-term solution and offers the possibility of starting a new life in Australia, ultimately leading to citizenship.

Who Is Eligible for a Protection Visa 866?

You can apply for this visa if you are either:

  • A refugee.
  • Someone who meets the complementary protection criteria.

Requirements for a Protection Visa 866

Protection Visa Application Form

  • Online Application: Available in your ImmiAccount.
  • Paper Application: Use form 866.
  • “Answer all questions about your claims of protection with as much detail as possible since that will help the Department determine whether you need Australia’s protection.”

Identification Documents

Provide the following:

  • Pages of your current passport and personal details.
  • Possible additional documents:
  • Birth certificate.
  • National identification.
  • Driver’s license.
  • Certificate of having changed your name (if applicable).

Evidence of Relationship

  • Any type of document proving that you are in a relationship with your partner.

Proof of Good Moral Character

Health Requirements

  • Submit health examinations conducted by Bupa Medical Services.
  • Receive a health identifier (HAP-ID) from the Department of Foreign Affairs after submitting your application.

Sign Australia’s Values Statement

Certified Copies of Previous Visas

Additional Requirements for Family Members

For each family member applying with you, include:

  • Copy of their passport biographical information.
  • Birth certificate.
  • Identification cards.
  • Driver’s license.
  • Evidence of having changed their name.
  • Family certificates.
  • Financial documents.
  • Proof of relationship documents.
  • Any other supporting documents.

Authorization Forms

  • Form 956a: If authorizing someone to receive notices from the Immigration Department on your behalf.
  • Form 956: If you need assistance with your application from a migration agent.

By following these steps and preparing the required documents, you can simplify the process of applying for a Protection Visa 866.

Eligibility Requirements for a Protection Visa

Australia Protection Visa Subclass 866: Requirements, Eligibility, Process
Australia Protection Visa Subclass 866: Requirements, Eligibility, Process

To qualify for a protection visa, you must meet the following criteria:

  • Be a Refugee or Qualify for Complementary Protection
  • Do Not Hold Any of the Following Visas:
  • Temporary Protection Visa (subclass 785)
  • Temporary Safe Haven Visa (subclass 449)
  • Temporary (Humanitarian Concern) Visa (subclass 786)
  • Safe Haven Enterprise Visa (subclass 790)
  • No Ban on Applying for Protection Visa 866:
    You cannot apply for a protection visa if:
  • You were refused a protection visa since you last arrived in Australia.
  • Your protection visa was canceled.
  • You hold dual citizenship or more.
  • You have the protection of another safe third country.

Australia Protection Visa 866 Application Process

You can apply for an Australia Protection Visa in two ways:

  • Via the online visa service
  • Via a paper application form

Apply Via the Online Visa Service

To apply online, follow these steps:

  1. Open an ImmiAccount: This is where you will submit the required documents and fill in the visa application form.
  2. Follow Instructions: Adhere to the guidelines provided by the online service.
  3. Submit Documents and Visa Form: Ensure all required documentation is attached and the application form is completely filled out.
  4. Pay the Visa Fee: Your application will only be processed upon payment of the visa fee.
  5. Additional Assistance: If someone is assisting you, upload a written statement via your ImmiAccount detailing who is helping and why.

Apply Via a Paper Application Form

For a paper application:

  1. Fill in the Application Form: Attach the completed form to your supporting documents.
  2. Post the Application: Mail it to the specified address in your application form. Note:
    • In-person Submissions: Not allowed.
    • Mailing Address: Applications sent to any other address will not be accepted.
  3. Pay the Visa Fee: Even for paper applications, payments must be made through an ImmiAccount.

Preparing Your Documents

Regardless of your application method:

  • Follow Department Guidelines: Ensure all documents meet the required standards.
  • Translate Non-English Documents: Use the National Accreditation Authority for Translators and Interpreters.
  • Certified Records: Paper application documents may need to be certified. Refer to the document certification process.
  • Keep Copies: Maintain a copy of all application documents for your records.

After You Apply for a Protection Visa

Upon approval of your application, you will receive a written notification detailing the visa decision.

  • Immicar Card: After approval, apply for an Immicard to use as a travel document.
  • Visa Refusal: If your visa is refused, a letter will provide details of the refusal and instructions on how to appeal.

Visa Interview: The Immigration Department may request an interview to go over your situation and verify the information provided in your application. Ensure that the details in your application match the answers given during the interview.

“Ensuring your documents are in order and strictly following guidelines can streamline your Australia Protection Visa application process,” reminds the Department of Home Affairs.

Cost of a Protection Visa 866

  • Application Fee: AUD40
  • Additional Fees:
  • No extra fees for subsequent applications.
  • No extra fees for additional applicants.
  • Paper Application: No non-internet charge.

Processing Time for Protection Visa 866

  • Processing Time: No definite timeline.
  • Department’s Effort: The Australian Immigration Department aims to process applications as soon as possible.

Validity of a Protection Visa 866

  • Type: Permanent visa.
  • Validity Period: Indefinite.
  • Travel Expiry: 5 years, like any other Australian permanent visa.

Including Family Members in a Protection Visa Application

  • Eligibility to Include:
  • Primary Applicants:
    • Spouse.
    • De facto partner.
    • Dependent child or step-child.
    • Dependent child or step-child of the spouse/partner.
  • Other Family Members:
    • Parent.
    • Sister or brother.
    • Grandparent or grandchild.
    • Aunt or uncle.
    • Cousin.
    • Niece or nephew.
    • Step equivalents to those above.
  • Important Notes:
  • The family head doesn’t necessarily have to be the visa applicant.
  • Dependent children under 18 are eligible as dependents.

Criteria for Children Over 18

  • Conditions for Inclusion:
  • Unable to work due to physical or mental incapacitation.
  • Completely reliant on their parent for financial, social, and physical support.
  • Children who are married, in a relationship, or engaged are not considered dependents.

Dependency Criteria for Other Family Members

  • Eligibility:
  • Unmarried and not in a relationship.
  • Living with the family head.
  • Dependent on the family head for financial, social, and physical needs.

New Addition to the Family

  • Procedure for Newborns (If Application Is Pending):
  1. Submit a completed Form 1022.
  2. Provide a copy of the child’s birth certificate.
  3. Attach the documents to your ImmiAccount or send them by post, depending on your original application method.

Can I Travel With a Protection Visa 866?

Holders of a Protection Visa 866 have the following travel permissions and requirements:

  • Travel Facility: Valid for 5 years from the date the visa is granted, allowing travel within Australia.
  • After 5 Years: You need a Resident Return Visa to continue traveling freely.
  • First-Time Travel: Visit an Australian Passport Office or the Department of Foreign Affairs and Trade to obtain a travel document.

Important Note:
“Do not use travel documents issued by your home country; the Australian government may interpret this as not needing protection, resulting in your visa being rescinded.”

Protection Visa 866 Travel Restrictions

Restrictions include:

  • No Travel to Home Country: If you need to visit your home country, obtain permission from the Australian government.
  • Family Members: This restriction applies to all family members listed in your application.
  • Consequences: Unauthorized travel to your home country can lead to the cancellation of your visa and your family members’ visas.
  • Using Immicard: You can use your Immicard for travel instead of your passport.

Can I Work With a Protection Visa 866?

Work Permissions:

  • Employment Eligibility: You can work legally without any hourly restrictions because it is a permanent visa.

Can I Study With an Australian Protection Visa 866?

Study Permissions:

  • Education Freedom: You can study in Australia.
  • Free English Classes: Up to 510 hours of free English language classes if you meet specific requirements.

Can I Bring Family Members to Australia With a Protection Visa 866?

Sponsorship Permissions:

  • Family Sponsorship: You can sponsor family members overseas through the Offshore Immigration Program.
  • Eligibility: Your family members may obtain a permanent residence visa.

What if My Application for an Australian Protection Visa Is Denied?

In Case of Denial:

  • Waiver Request: You have the right to request a waiver of the rejection notice.
  • Information: Details on the rejection will be provided in the written response from the Department.

Permanent Protection Visa 866 Cancellation

Cancellation Conditions:

  • Violation: The Immigration Department may cancel your visa if you violate the travel conditions imposed.

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Official and Helpful External Resources for Australia Protection Visa 866

To assist you in navigating the process for the Australia Protection Visa 866, below is a list of official and authoritative resources:

Government Links and Official Sites:

  • Department of Home Affairs: Protection Visa (subclass 866)
  • URL: Protection Visa (subclass 866)
  • Description: Official page providing comprehensive information on the Protection Visa 866, including eligibility, requirements, and application process.
  • ImmiAccount – Online Visa Applications
  • URL: ImmiAccount Login
  • Description: Use this portal to create an account, submit your application, upload documents, and monitor the status of your application.
  • Department of Home Affairs: Forms
  • URL: Visa Forms
  • Description: Official forms required for visa applications, including Form 866 for the Protection Visa.
  • National Accreditation Authority for Translators and Interpreters (NAATI)
  • URL: NAATI
  • Description: Accredited body for translation and interpretation services required for non-English documents.

Essential Forms and Documents:

  • Protection Visa (subclass 866) Application Form
  • Authorization Forms for Immigration Assistance:
  • Form 956 (Appointment of a migration agent or exempt person): Form 956
  • Form 956a (Appointment or withdrawal of an authorized recipient): Form 956a
  • Change of Circumstances Form for New Family Members:
  • Form 1022 (Notification of changes in circumstances): Form 1022

Health Requirements and Exams:

  • Bupa Medical Services (Health Examinations)
  • Health Assessment Portal (HAP-ID):
  • Receive your HAP-ID from the Department of Home Affairs after submitting your visa application to schedule medical exams.

Additional Resources and Information:

  • Australia Visa Application Charge (VAC) Estimator
  • URL: VAC Estimator
  • Description: Tool to estimate the cost of your visa application.
  • Australian Citizenship Information:
  • URL: Australian Citizenship
  • Description: Information on eligibility and the process of becoming an Australian citizen post-visa grant.
  • Translate Documents:

This compilation aims to provide a concise, clear, and comprehensive set of resources for individuals seeking a Protection Visa 866 in Australia. Each link is an official resource ensuring reliable and accurate information, vital for applicants and related stakeholders.

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