Do I Need to Apply for Subclass 851 If My TPV/SHEV Application Is Still Pending in 2026?
If your TPV or SHEV application was lodged before 14 February 2023 it is converted to subclass 851 automatically; here is who must still apply.
No — if you lodged an initial Temporary Protection visa (TPV, subclass 785) or Safe Haven Enterprise visa (SHEV, subclass 790) application, or a subsequent one, before 14 February 2023, you do not need to lodge a separate Resolution of Status (RoS, subclass 851) application. According to the Australian Department of Home Affairs' Resolution of Status (Subclass 851) visa page, current as at August 2026, the Department converts those applications itself and will notify you if you are granted the visa. This article explains a general rule only; whether it covers you depends on your own visa record, so anything turning on dates, current status or cancelled visas should be checked against the Department's published requirements rather than treated as advice on your case.
Who exactly is covered by the conversion?
The 14 February 2023 date does two separate jobs. It is both the eligibility threshold tied to your arrival, and the cut-off for having an application already before the Department.
To qualify at all, you must be a holder or former holder of either a TPV (subclass 785) or a SHEV (subclass 790), you must have first arrived in Australia before 14 February 2023, and the Department must not have cancelled your visa. From 14 February 2023, TPV and SHEV holders who held their visa before that date became eligible to apply for a RoS visa.
On top of that base eligibility, there are three situations, and only one of them involves you lodging anything:
| Your situation as at 14 February 2023 | Do you lodge subclass 851 yourself? | What the Department does |
|---|---|---|
| Initial TPV or SHEV application lodged, and still pending | No | Converts your application to a RoS application if it finds you meet the criteria for the TPV or SHEV |
| Holding a TPV or SHEV, and a subsequent TPV or SHEV application lodged | No | Has converted your application to a RoS application |
| Holding a TPV or SHEV, no application before the Department | Yes | You apply online via ImmiAccount before your current visa ceases |
The first two rows differ in one meaningful way. A pending initial application is converted only if the Department is satisfied you meet the criteria for the TPV or SHEV in the first place; the conversion sits downstream of that finding. A subsequent application lodged by an existing holder is described on the official page in the past tense — the Department has already converted it. In both cases, the Department will notify you if you have been granted a RoS visa.
What if I have never had an application before the Department?
Current TPV and SHEV holders who had not submitted a subsequent TPV or SHEV application before 14 February 2023 have to apply themselves, online through ImmiAccount, and must apply before their current TPV or SHEV ceases to remain lawful. You must be in Australia when you apply. The online form includes the notification of an application bar lift, because unauthorised maritime arrivals are otherwise subject to the application bar in section 46A of the Migration Act 1958; while that bar applies, no valid RoS application can be made.
Paper applications exist only in limited circumstances, including verified ImmiAccount systems issues, and only where the Department has authorised it and notified the applicant in writing of the bar lift. There is no visa application charge for the RoS visa.
If you are currently an unlawful non-citizen because your TPV or SHEV expired before 14 February 2023, an application for a RoS visa is also an application for a bridging visa.
While it is pending, does my current visa keep running?
Yes. TPV and SHEV holders who have made 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. Separately, for current holders who make a valid application themselves, the Department extends the TPV or SHEV until the RoS decision is made. The practical consequence for a reader with a pending application is that the pending status is what keeps you lawful; there is no separate step to take to bridge the gap.
How will I hear about it, and should I chase progress?
The Department states it cannot give updates on the processing status of an application. If you applied online you can check in ImmiAccount whether the Department needs more information from you; if you lodged on paper, you must wait to be contacted. The Department contacts applicants only when something is required, so silence is not a signal either way.
What you can expect, in order:
- A request, if one is needed, for additional information — commonly about identity, and in some cases this may require an interview.
- Written notice of the outcome: a visa grant notification letter if granted, or a refusal letter setting out the reasons, your review rights with the Administrative Review Tribunal, and the time limit for lodging a review application.
- Nothing further if no additional information is needed and no concerns arise before the decision.
Applicants whose matters are converted should not resend material already supplied. The official guidance states it is not necessary to provide the claims, information or documents already given as part of the previous TPV or SHEV application.
What still has to be cleared before a converted application can be granted?
Conversion changes what is being decided, not the fact that something is being decided. Every RoS applicant must meet health, character and security requirements, and anyone aged 18 or over must sign the Australian Values Statement.
- Health: health examinations may be required, though the Department may waive the requirement if it was already satisfied for the grant of your TPV or SHEV.
- Character: police certificates may be requested for countries lived in for 12 months or more over the past 10 years after turning 16, but only if asked, and not before.
- Security: assessed as part of the application process.
- Identity: documents, or biometrics where not previously provided, may be requested. If you are invited to provide identity information and do not do so within the timeframe, you will be given a chance to explain why and to show what steps you took. Failing to make a genuine attempt to establish your identity may lead to refusal. If substantial concerns remain about a previous identity finding, the Department assesses whether at least one applies: you would satisfy the criteria for a protection visa, there is a compelling or compassionate reason for the grant, or you are a member of the same family unit as a person who holds a RoS visa.
Does anything change about family members during the wait?
Family members may apply together on the same form, and each applicant must meet the requirements in their own right. If a child is born after you submit and before the decision, the child is included in that application, and you must notify the Department as soon as possible using Form 1022 Notification of change of circumstances, attaching the child's birth certificate. A child born in Australia is automatically granted the same visa their parents hold at the time of birth.
More broadly, once an application is in, changes to your name, contact details, address or passport, changes to marital or de facto status, a pregnancy or birth, a death of a family member who is an applicant, or a decision to withdraw must all be notified. Mistakes on a lodged application can be corrected with Form 1023 Notification of incorrect answers.
What the grant actually delivers
The RoS visa is permanent: you may live, work and study in Australia indefinitely, and you become an Australian permanent resident on the day the visa is granted. That same date counts as the start of your permanent residence for citizenship purposes. Holders can access services such as Medicare and Centrelink, sponsor eligible family members for permanent residence through the family stream of the Migration Program, enrol in free English classes where eligible, and travel to and from Australia for five years from the date of grant; after five years, re-entry requires a Resident Return visa (subclass 155 or 157). Travel itself is unrestricted, although you must be in Australia at the moment of grant — if you are overseas when the visa is ready, you will be asked to return within 28 days, and failing to do so may result in refusal.
Frequently Asked Questions
My initial TPV application has been pending for years. Will it automatically become subclass 851?
Yes, provided you lodged it before 14 February 2023 and you are found to meet the criteria for the TPV or SHEV. The Department converts that application to a RoS application itself, so there is nothing for you to lodge for the conversion to occur.
Would lodging a separate 851 application speed things up or protect me?
No. The official page states you do not need to apply for a RoS visa in either covered scenario, and there is no mechanism described by which a duplicate application would advance a converted case. The Department also does not charge any fee to fast-track a visa, and any offer of that kind is a scam.
How long will the converted decision take?
No processing timeframes are published on the RoS visa page. The Department says it continues to actively process all RoS applications, that some cases are more complex than others, and that applicants who cooperate with requests for further information help their application be processed as quickly as possible.
Can I travel overseas while the converted application is undecided?
TPV and SHEV holders can continue travelling overseas while a valid application — including a converted RoS application — is awaiting a final decision. The constraint is at the end of the process: you must be back in Australia for the grant, and if you are overseas at that point you will be asked to return within 28 days.
What if my most recent TPV or SHEV was refused or cancelled?
You cannot make a valid application for a RoS visa if your most recent TPV or SHEV was cancelled, or if your TPV or SHEV application was refused and finally determined. The Department's published position is that people found not to engage protection obligations, whose matters have been finally determined, are expected to depart Australia.
Is there anything useful I can do while waiting?
Keep your details current, respond to any request within the stated timeframe, notify changes in circumstances, and check ImmiAccount periodically for requests. Do not go out and obtain police certificates before being asked, and do not resend claims and documents already provided with your earlier TPV or SHEV application.