Five Mistakes That Can Sink a Resolution of Status (851) Application in 2026

The mistakes that most often sink a Resolution of Status (subclass 851) application in 2026 are: lodging only after your Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790) has already ceased; being outside Australia when the RoS visa is ready to be granted; not responding to a request for further information or identity documents by the deadline; providing information that is false, misleading or incomplete; and failing to tell the Department of Home Affairs about changes in your circumstances. This summary reflects the Australian Department of Home Affairs Resolution of Status (Subclass 851) official page as at August 2026. This article is general information only and is not personalised migration or legal advice; because a RoS decision turns on your own circumstances and the rules in force when you apply, the official Department information—or professional advice, where you choose to obtain it—governs your situation.

What happens if I apply only after my TPV or SHEV has ceased?

You should start the Resolution of Status process well before your TPV or SHEV ceases. If you do not apply before your current visa ceases, you will become unlawful and may lose access to Government services. A valid RoS application, by contrast, keeps you on your current visa: TPV or SHEV holders who make a valid application for another TPV, SHEV or RoS (including a converted RoS) remain holding their current visa indefinitely until a final decision is made on the subsequent application.

To be eligible in the first place, you must be a holder or former holder of a TPV (subclass 785) or SHEV (subclass 790), you must have first arrived in Australia before 14 February 2023, and the Department must not have cancelled your visa. If you applied for an initial TPV or SHEV before 14 February 2023 and meet the criteria, the Department will convert that application to a RoS visa application and you do not need to make a separate RoS application.

Do I have to be in Australia for the visa to be granted?

Yes. A RoS applicant must be in Australia for the grant of the visa. If you are overseas when your RoS visa is ready to be granted, you will be contacted and asked to return to Australia within 28 days; if you do not return, your RoS visa application may be refused.

TPV or SHEV holders can continue travelling overseas while a valid subsequent application is undecided, subject to the rules on Requesting Permission to Travel. The practical danger is timing: travel is possible during processing, but the grant cannot occur while you are outside Australia, so an overseas trip that coincides with the decision can put the application at risk.

What if I miss the deadline for more information or identity documents?

You can provide more information to the Department in writing at any time until a decision is made, and if you did not attach all relevant documents when you applied you should add them as soon as possible in ImmiAccount or by the email address given in your visa application acknowledgement letter. If the Department asks you for more information, you must respond by the set date; after that date, it can make a decision about your application using the information it already has.

Assume an applicant is invited to provide identity, nationality or citizenship documents and lets the stated timeframe pass without responding: the Department will first give that person an opportunity to explain why the documents were not provided and the reasonable steps taken to obtain them, but if there is no genuine attempt to establish identity, the application may be refused. Where identity documents are requested, be ready to provide original and translated documents such as all pages of current or expired passports, a birth certificate, a national identity card, a driver licence and proof of any change of name.

Do not arrange police certificates until the Department asks for them. If requested, you must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16, unless you already provided this with your TPV or SHEV application. Health examinations may also be required, although the health requirement may be waived if you already satisfied it for the grant of a TPV or SHEV.

How do false, misleading or incomplete answers affect a RoS application?

It is in your interest to provide as much information as possible and to make the application truthful and complete, because the Department can make a decision using only the information you provide when you submit. If you provide a bogus document, or false or misleading information, in relation to your identity, your application may be refused.

If, after your response, the Department still has substantial concerns with a previous finding about your identity, it will grant the visa only if you meet at least one of the following: you would satisfy the criteria for the grant of a protection visa (including engaging Australia's protection obligations); there is a compelling or compassionate reason for granting the visa, such as family circumstances, health needs or a positive contribution to Australian society; or you are a member of the same family unit as a person who holds a RoS visa.

If you later realise you made a mistake on your application, tell the Department as soon as possible and complete Form 1023 Notification of incorrect answers. Where a migration agent or another person completes the form, you must still read and understand all the information in it, including any statutory declaration, before signing, and the form must be completed in full including the Australian Values Statement and declaration.

Which changes in my situation do I have to report?

After you apply, you must tell the Department about changes to your name, phone number, email, address or passport; changes to your marital or de facto status; if you are pregnant or become pregnant; the birth of a child; a death in your family where that family member is an applicant for a RoS visa; and if you want to withdraw your application. Once the visa is granted, you still need to notify changes to your name, phone number, email, address or passport, changes to your marital or de facto status, the birth of a child and a death in your family where that family member is an applicant for a RoS visa, using the Department's change-in-situation process.

Communication choices matter as well. The online form asks whether you agree to email communication, which is the Department's preferred and fastest method; if you do not agree, information is sent by post, which is slower and can make finalisation take longer. If you have already applied and did not select email but now want it, complete Form 1193 Communicating by email with the Department. If you need to appoint or withdraw someone to receive correspondence or to give immigration assistance, the relevant forms are Form 956A and Form 956.

Frequently Asked Questions

Is there a charge to apply for a Resolution of Status (851) visa?

There is no visa application charge for the RoS visa, and the Department does not charge a fee to fast-track a visa. If someone offers to fast-track your application for a fee, the official page treats that as a scam. Only registered migration agents and legal practitioners can charge for immigration assistance.

Can I make a valid application if my most recent TPV or SHEV was refused or cancelled?

If your most recent TPV or SHEV was cancelled, or your TPV or SHEV application was refused and finally determined, you cannot make a valid Resolution of Status application. In that situation, the Department expects the person to depart Australia, and assistance to depart may be provided. If you have new, credible protection claims relating to changes in your country of origin or personal circumstances, you may request Ministerial Intervention, but claims already considered in a Protection visa application or by the Tribunal will not be reconsidered.

Do I need to resubmit claims and documents from my earlier TPV or SHEV application?

No. It is not necessary to provide the claims, information or documents you already provided as part of your previous TPV or SHEV application, so you do not need to ask the Department for copies of those documents. If you still want access to documents held by the Department, you can request them under the Privacy Act 1988.

Can I travel outside Australia while my RoS application is being processed?

TPV or SHEV holders who have made a valid application for another TPV, SHEV or RoS remain on their current visa indefinitely until a final decision is made, and they can continue travelling overseas, subject to the rules on Requesting Permission to Travel. The risk is at the grant stage: a RoS applicant must be in Australia for the grant, so if you are overseas when the visa is ready to be granted you will be asked to return within 28 days, and failing to return may lead to refusal.

What should I do if I gave an incorrect answer on my application?

Tell the Department as soon as you can and complete Form 1023 Notification of incorrect answers. Leaving a known mistake uncorrected is risky because the Department can decide the application using the information you originally provided.

Which changes must I report after I lodge a RoS application?

You must report changes to your name, phone number, email, address or passport; changes to your marital or de facto status; pregnancy or becoming pregnant; the birth of a child; a death in your family where that family member is an applicant for a RoS visa; and if you want to withdraw the application. Use the Department's change-in-situation process, and if you want email communication but did not select it, complete Form 1193.

References

Australian Department of Home Affairs — Resolution of Status (Subclass 851)