Protection Visa (subclass 866)

Permanent Residency for Genuine Asylum Seekers in Australia

The Subclass 866 Protection Visa is a permanent residency visa for individuals who are already in Australia and seek protection due to a well-founded fear of persecution or significant harm in their home country. It is part of Australia’s humanitarian commitment under international law.

Key Benefits

• Permanent Residency
  Live, work, and study in Australia indefinitely.
• Access to Medicare
  Enrol in Australia’s public healthcare system.
• Pathway to Citizenship
  Apply for Australian citizenship after meeting residency requirements.
• Family Inclusion
  Sponsor eligible family members to join you in Australia.
• Work and Study Rights
  Full access to employment and education opportunities.

Eligibility Criteria

To apply for Subclass 866, you must meet the following:

General Requirements

• Be in Australia and have arrived legally on a valid visa
• Be immigration cleared at the border.
• Engage Australia’s protection obligations as a refugee or under complementary protection
• Meet health, character, security, and identity requirements
• Not be barred from applying for protection.

Protection Obligations

You must demonstrate one of the following:

Refugee Status

• You have a well-founded fear of persecution due to:
  • Race
  • Religion
  • Nationality
  • Membership of a particular social group
  • Political opinion
• The persecution must involve:
  • Serious harm (e.g., threats to life, denial of basic services)
  • Systematic and discriminatory conduct

Complementary Protection

• You are not a refugee but face significant harm if returned, such as:
  • Arbitrary deprivation of life
  • Death penalty
  • Torture
  • Cruel, inhuman, or degrading treatment

Visa Conditions

• Permanent Residency
  You can live, work, and study in Australia without restrictions.
• Travel Facility
  Travel freely for 5 years from the visa grant date. After that, apply for a Resident Return Visa (RRV).
• Family Inclusion
  You can sponsor eligible family members to join you in Australia.
• Legal Support Recommended
  Free legal advice is available for protection visa applicants

Frequently Asked Questions (FAQs)