Protection visa (subclass 866)
Overview
The Protection Visa (Subclass 866) is a permanent visa for individuals who are in Australia and seek asylum due to fear of persecution in their home country. This visa allows eligible individuals to stay in Australia permanently, offering protection to those who meet the criteria for refugee status or who are eligible for complementary protection.
Eligibility Criteria
To be eligible for the Protection Visa (Subclass 866), applicants must meet several requirements:Â
- In Australia: Applicants must be in Australia at the time of application and decision.
- Engage Australia’s Protection Obligations: Applicants must be a refugee as defined by the Migration Act 1958 or meet the complementary protection criteria.
- Health and Character Requirements: Applicants must meet specific health and character requirements, which may involve undergoing medical examinations and providing police clearance certificates.
- No Visa Refusal or Cancellation: Applicants must not have been refused a protection visa since their last arrival in Australia, and their visa must not have been canceled.
Refugee Status
To be recognized as a refugee under the Migration Act 1958, an applicant must:Â
- Fear Persecution: Have a well-founded fear of persecution due to race, religion, nationality, membership of a particular social group, or political opinion.
- Unable to Return: Be unable or unwilling to return to their home country due to this fear.
- Outside Country of Nationality: Be outside the country of their nationality or, if stateless, outside the country of their former habitual residence.
Complementary Protection
Applicants may be eligible for complementary protection if they do not meet the refugee criteria but face a real risk of significant harm if returned to their home country. Significant harm includes:Â
- Arbitrary Deprivation of Life: Risk of being arbitrarily deprived of life.
- Torture: Risk of being subjected to torture.
- Cruel or Inhuman Treatment: Risk of being subjected to cruel or inhuman treatment or punishment.
- Degrading Treatment: Risk of being subjected to degrading treatment or punishment.
Visa Conditions
The Protection Visa (Subclass 866) comes with specific conditions that must be adhered to during the stay in Australia:Â
- Permanent Residency: Provides the ability to live in Australia permanently, with access to various benefits and services.
- Work and Study Rights: Visa holders can work and study anywhere in Australia, enhancing their career prospects and personal development.
- Health Insurance: Visa holders must maintain adequate health insurance for the duration of their stay.
- Obey Australian Laws: Visa holders must comply with all Australian laws and respect the conditions of their visa.
Benefits of the Work and Holiday Visa
- Permanent Residency: Provides the ability to live in Australia permanently, with access to various benefits and services.
- Work and Study Flexibility: Visa holders can work and study anywhere in Australia, enhancing their career prospects and personal development.
- Family Inclusion: Visa holders can include eligible family members in their application, allowing them to live, work, and study in Australia as well.
- Pathway to Citizenship: Offers a pathway to becoming an Australian citizen, with all associated rights and privileges.
- Health Coverage: Access to Australia's healthcare system, ensuring peace of mind for health and well-being.
Tips for a Successful Application
- Complete Documentation: Ensure all required documents are gathered and submitted accurately to avoid delays.
- Provide Detailed Evidence: Submit detailed evidence of the persecution or significant harm faced in your home country.
- Seek Legal Advice: Consider seeking assistance from a migration agent or legal advisor to help navigate the application process and enhance your chances of a successful outcome.
- Maintain Health Insurance: Ensure you have adequate health insurance coverage for the entire duration of your stay in Australia.
- Prepare for Interview: Be prepared to attend an interview and provide additional information or documentation if requested by the Department of Home Affairs.
How Echoes Global Education Can Help
Echoes Global Education offers comprehensive support for individuals applying for the Protection Visa (Subclass 866). Our experienced consultants provide personalized guidance, ensuring your application is complete and accurate. We assist with document preparation, securing evidence, and any required health and character checks. Our goal is to streamline your visa application process, maximizing your chances of a successful outcome and making your transition to a safe and stable life in Australia smooth and stress-free.Â
ConclusionÂ
The Protection Visa (Subclass 866) is an essential pathway for individuals facing persecution or significant harm to gain permanent residency in Australia. Understanding the eligibility criteria, application process, and benefits is crucial for a successful application. For more detailed information and assistance, it is advisable to consult the official website of the Australian Department of Home Affairs or seek guidance from a registered migration agent.Â
DisclaimerÂ
This content is a general guide and not specific legal advice. For the most current and detailed information, please refer to the official Australian Government website for the Protection Visa Subclass 866.Â
FAQ
If you are applying this visa under the post-study work stream, a skill assessment is not needed.
Only if you are applying under the Graduate stream, you must provide an evidence of having your skills assessed by the relevant authority.
While the checklist varies depending on different cases, some of the common documents required are:
- Current passports or travel documents
- Copy of birth certificate showing parents of both primary applicant and the spouse
- Evidence of name change
- Certified copies of marriage certificates
- If you are in de facto relationship, evidence showing a relationship for at least 12 months is required
- If the spouse is widowed, divorced or separated permanently, a certified copy of death certificate, divorce or separation documents are required.
- Health & Character documents
Visa Class
To be eligible for the Visitor Visa (Subclass 600), applicants must meet several criteria:Â