Please note that the information about 866 visa form in this article is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions, or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.
The 866 visa form can help you restore your life in Australia. For individuals fleeing persecution or facing imminent harm in their home country, Australia’s Subclass 866 Protection Visa offers a glimmer of hope – a chance to rebuild their lives in safety and security.
It lets you stay in Australia permanently, if you engage Australia’s protection obligations and meet all other requirements for the grant of the visa. You may download the form here.
This article will discuss the 866 protection visa and the contents of the 866 visa form.
The Subclass 866 Visa: An Overview
The Subclass 866 visa, also known as the Permanent Protection visa, is a permanent visa granted by Australia to individuals who meet the refugee or complementary protection criteria after arriving in Australia on a valid visa.
It allows the visa holder to live, work and study in Australia permanently, access government services like Medicare and Centrelink, sponsor eligible family members for permanent residence, and eventually apply for Australian citizenship.
What’s the 866 Visa Form?
The 866 visa form is the application form for a Australian protection visa. This is an overview of the contents of the permanent protection visa application form:
- Visa eligibility – this part asks questions regarding the status of your visa, immigration clearance, and previous protection visa applications.
- Details of applicant – the applicant’s full name, other names, sex, birthdate, place of birth, citizenship, parent’s citizenship, the languages you speak, your religion, relationship status and the like.
- Details of family members – the 866 visa form will also ask you information regarding the details of your family members, such as your partner, children, parents, and siblings. Members of the same family unit may apply together on the same application.
- Travel to Australia and travel documents – this part of the form will ask you specific details regarding your travel to Australia and other travel documents. This includes particular dates of arrival to and departure from Australia, and the type of travel document you use.
- Visa and travel history – you will also have to input your visa details from your travel history in Australia or any other country.
- Previous addresses – the form will require you to enter your previous addresses and the particular duration of your stay in each address.
- Employment history – the 866 visa form will ask your employment details, if you’re employed. You have to list details of all employment and unemployment in chronological order.
- Education – you must also disclose the details of all education and qualifications you have in chronological order.
The 866 visa is an ongoing, perpetual document. However, an 866 visa has a 5-year travel expiration period, exactly like any other Australian permanent visa.
Other Requirements: 866 Visa Form
- Convictions, charges, investigations or crimes committed – the 866 visa form will also need the details of all your convictions, charges, investigations, or crimes committed. You have to give specific details in the form and include the date of conviction, reason for investigation, the charges, the type of involvement, and what country it was committed.
- Your reasons for claiming protection – this part is crucial. You must provide all the details about why you are seeking protection and, wherever possible, you must provide documentation to support your claims. A decision may be made on the information provided in your written application and you may not be given another opportunity to present these claims.
Therefore, it is important that you include all details relevant to your case and provide any supporting documentation at the time you lodge your Australia protection visa application. The authorities will assess your claims of protection based on relevant Australian law.
- Documents – you must provide a list of the documents that you need to submit for the application and indicate when you will provide them. Moreover, if your documents are not in English, you should provide certified English translations of the documents completed by a translator certified by the National Accreditation Authority for Translators and Interpreters (NAATI).
- Declarations – this is the last part of the 866 visa form. This includes the (a) Australian values statement and (b) declaration:
- that the information you provide in the application is truthful and honest in every way; that it is complete, correct, and up-to-date;
- that giving false information may lead to refusal or cancellation of the application; and
- that you need to inform the Department of Home Affairs (DHA) if there are changes in your personal circumstances, while the DHA considers your application.
Your Obligations Under the Protection Visa
As a holder of a Subclass 866 Protection visa in Australia, you have several important obligations and rights:
- Obligations
- Obey Australian laws. This includes all federal, state, and territory laws.
- Maintain contact with the Department of Home Affairs. You must notify them of any changes to your contact details, travel plans, or circumstances that could affect your visa status.
- Attend appointments and interviews. When requested, you must attend appointments and interviews with the Department of Home Affairs.
- Provide information. You must provide true and complete information when requested by the Department of Home Affairs.
- Pay your debts. You must pay all your debts, including taxes, fines, and child support.
- Respect others. You must treat others with respect and avoid behavior that could harm or offend them.
- Rights
- Live, work, and study in Australia. You have the right to live, work, and study in Australia permanently.
- Access government services. You have access to government services like Medicare, Centrelink, and education.
- Sponsor family members. You can sponsor eligible family members for permanent residence.
- Apply for Australian citizenship. After fulfilling certain requirements, you can apply for Australian citizenship.
- Travel overseas. You can travel overseas with permission from the Department of Home Affairs.
- Seek legal advice. You have the right to seek legal advice if you have questions about your visa or if you are facing legal problems.
- Additional responsibilities
- Engage with the community. While not a legal obligation, integrating into the community by learning English, participating in local activities, and understanding Australian culture can be beneficial for your long-term well-being and success in Australia.
- Seek support. If you need help settling in, accessing services, or understanding your rights and obligations, don’t hesitate to seek help from government agencies, community organisations, or legal professionals.
Seek Legal Advice from Qualified Professionals
Australian immigration laws are intricate and ever-evolving. Our protection visa lawyers at JB Solicitors have specialised knowledge regarding migration rules and can navigate legal complexities. We can:
- Ensure that you comply with all regulations and maximise your chances of success
- Help if you are an applicant that had a protection visa cancelled
- Help with other similar visas like a Safe Haven Enterprise Visa or a Temporary Protection Visa
Contact us today if you need help applying for a temporary protection visa or permanent protection visa.
