Australian Protection Visa Subclass 866: Requirements & Eligibility

Updated on 12 September, 2024

Harjeet

Harjeet

Visa expert

Australian Protection Visa Subclass 866

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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FAQs

Can I travel with the Protection Visa 866?

You can travel from Australia to other countries for five years with the Protection Visa Subclass 866. After that, you'll require a Resident Return (RRV) visa to return to Australia as a resident.   

What is the validity of this visa?

The Protection Visa 866 is valid for a lifetime and allows you to live as a permanent Australian resident for your life.

Which dependent relatives can I include in the visa?

The eligible dependent relatives for the Protection Visa 866 include spouse, child/step-child, parent, grandparents, grandchildren, cousin, and uncle.

How much does a Protection Visa 866 cost?

The cost for a Protection Subclass 866 Visa is AUD 45.

What is the processing time for a Protection Visa 866?

Processing times for this visa are currently unavailable. As this is a very complex process, it will take some time to complete. You can help expedite your application by promptly responding to any requests from the visa office within the specified timeframes.

Can I work with a Protection Visa 866?

Yes, you can work with a protection visa Australia 866. This visa grants you the right to live and work as a permanent resident in Australia.

Can I study with the Australian Protection Visa 866?

Yes, you can study with a Protection Visa 866. This visa allows you to live, work, and study in Australia permanently.

What if my application for the Australia Protection Visa is denied?

The Australian protection visa application can only be requested once. If denied, you are expected to leave Australia promptly. You can make a new request only if you have new protection claims that are not included in your original application. The Minister will not reconsider claims already being reviewed, so you must include all new claims in your first request.

What if my Permanent Protection Visa 866 is at the risk of Cancellation?

If your Subclass 866 Permanent Protection Visa is at risk of cancellation, the Administrative Appeals Tribunal (AAT) will review the Department of Home Affairs' decision. Grounds for cancellation include providing false information, breaching visa conditions, or posing a risk to Australia. 

The AAT process starts with a notice of intention to cancel, followed by stages where it assesses the grounds' validity and decides on cancellation. Factors considered include truthfulness of information, compliance with visa conditions, community contributions, potential harm if returned home, and adherence to international obligations.

What is the success rate of a Protection visa in Australia?

Representation by a lawyer or migration agent drastically increases the success rate of Protection visa applications in Australia. Applicants without representation had a success rate of 4% at the Administrative Appeals Tribunal (AAT), while those with representation had a success rate of 28%.

How many types of Protection visas are there in Australia?

There are three types of protection visas that the Australian Government can grant to individuals recognized as refugees in Australia. The Permanent Protection Visa (PPV) under subclass 866, the Temporary Protection Visa (TPV) under subclass 785, and the Safe Haven Enterprise Visa (SHEV) under subclass 790. 

Did you find this article helpful?

Harjeet

Visa expert

With over 12 years of experience in the education sector, Harjeet specializes in study abroad counseling and visa management. She has a proven ability to guide students through university applications and visa processes, ensuring strict adherence to immigration laws. Her leadership background includes managing and mentoring teams, conducting training, and overseeing recruitment. As a Visa Manager, Harjeet excels in leading teams to efficiently process visas for multiple countries, driving operational excellence, and fostering strong partnerships with visa processing vendors.

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