866 Visa: Protection Visa
This 866 visa (protection visa) allows the applicant to live and work in Australia as a permanent resident. The Protection visa may be relevant if the applicant is currently in Australia, engages Australia’s protection obligations, and did not arrive in Australia as an illegal maritime arrival.
Who Is Eligible For A Protection Visa?
To be granted this visa, the applicant must be found to engage Australia’s protection obligations because they either:
- Are a refugee as defined by the Refugee Convention
- Meet the Complementary Protection criteria in the Australian Migration Act 1958
The applicant may also be eligible for a Protection visa if they are the family member of a person who engages Australia’s protection obligations.
The applicant and any eligible family members included in the application must be in Australia at the time of application.
What Are The Other Requirements Of A Protection Visa?
An applicant is able to get a Protection visa if they can show all of the following:
- They are claiming Australia’s protection
- They can show that they are either a refugee as defined by the Refugee Convention, or that they meet the Complementary Protection criteria in the Australian Migration Act 1958
- They are not barred from lodging a Protection visa application
- The minister is satisfied that the grant of the visa is in the national interest
- Fulfill health and character requirements
What Are The Benefits?
If the applicant is not in immigration detention, they might be granted a bridging visa that allows them to lawfully remain in Australia while their Protection visa is being processed.
This visa allows the applicant to live and work in Australia as a permanent resident and have access to Medicare and Centrelink Services.
The applicant can include the following people in the application:
- Their partner (married or de-facto)
- Dependent children
- Other dependent relatives
These family members must meet the requirements for being a member of the family unit.
Please refer to the immigration official website for visa application charges.
Note: Those who arrive in Australia by boat without a valid visa are considered as illegal maritime arrivals and are barred from applying for this visa.