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Onshore Protection - Subclass 785

Temporary Protection Visa 785 (TPV): temporary safety, now with a permanent pathway.

The subclass 785 Temporary Protection Visa is a 3-year temporary visa for certain people who arrived in Australia without authorisation and are found to engage Australia's protection obligations. Most TPV holders who arrived before 14 February 2023 are now eligible for permanent residence through the Resolution of Status visa (851).

3-year temporary visaUnauthorised arrivalsWork and study rightsMost holders eligible for 851 permanent pathway
What the TPV Is

Temporary protection - and now, a permanent pathway for most.

The Temporary Protection Visa (subclass 785) was introduced for people who arrived in Australia without authorisation - sometimes called the legacy caseload - and who are found to genuinely engage Australia's protection obligations. The visa is granted for three years and allows the holder to live, work and study in Australia during that period.

In February 2023, the Australian Government announced a major policy change: most people who held or had applied for a TPV and arrived before 14 February 2023 would be eligible for a permanent Resolution of Status visa (subclass 851). This change was intended to provide permanent protection to up to 20,000 people who had been living on temporary status for years.

If you arrived before 14 February 2023 and hold or held a TPV - you may already be eligible for the permanent 851 visa. In many cases, pending TPV applications have been automatically converted to 851 applications. We can tell you quickly which situation you are in and what steps, if any, you need to take.

Who the TPV Applied To

The legacy caseload - who is in this group.

The TPV applies to the "legacy caseload" - people who arrived in Australia without a valid visa (most commonly by sea) before certain cut-off dates, and who are found to genuinely need protection. The Australian Government used the TPV as a way of providing protection while maintaining a temporary status that required renewal every three years.

For new arrivals after 14 February 2023 who arrive without authorisation, the situation is different again. The policy landscape for post-February 2023 unauthorised arrivals remains restricted.

Arrived without authorisation before 14 February 2023The key timing. If you arrived without a visa or are an unauthorised maritime arrival (UMA) who arrived before this date, the TPV/851 framework applies to you.
Found to engage protection obligationsYour protection claim must have been assessed positively - you must face persecution or significant harm on return.
Health, character and securitySame requirements as all protection visas.
Processing and Timelines

How long a TPV decision can take.

Protection applications are detailed and the timeframes can be long. As a general guide, a Temporary Protection Visa (subclass 785) decision has typically taken in the region of 12 to 24 months, though the exact time depends heavily on the complexity of your case. Security, character and health checks are usually run in sequence rather than all at once, which can extend the overall time. These are operational timeframes only - they change, and we re-check the current position when we act for you.

Timeline at a glance. A 785 decision has generally taken around 12 to 24 months, depending on the complexity of your case. If granted, the 785 is valid for 3 years (a temporary status), after which most holders who arrived before 14 February 2023 may be eligible for the permanent Resolution of Status visa (subclass 851) rather than another temporary visa. These ranges are indicative, not a promise about your individual case.

Stage What it involves (indicative)
Lodgement and assessment Your protection claims are assessed against Australia's protection obligations. This is the longest stage and is where most of the 12 to 24 months sits.
Health, character and security Usually run in sequence. A delay or issue at one check can hold up the others, which is one reason timeframes vary so much between cases.
Decision and validity If the 785 is granted, it runs for 3 years. If you arrived before 14 February 2023, the permanent 851 pathway may apply rather than a further temporary visa.

What a TPV will cost you. Government application charges and our professional fees depend on your circumstances - we quote in writing before you commit. See how we quote. If cost is a barrier, free community legal centres and community-organisation assistance may also be available to people seeking protection - we can point you to them.

Common Questions

TPV questions answered.

If you arrived before 14 February 2023, you are very likely eligible for the 851 Resolution of Status visa, which is permanent. In many cases, your existing TPV application automatically converted to an 851 application. If you are not sure of your status, contact us as a matter of urgency - an expired TPV without a bridging visa means you are unlawful.
The TPV does not give you a travel facility to leave and return to Australia. Leaving Australia on a TPV almost always means you will not be allowed to return on it. If you need to travel, speak to us before you go - the 851 permanent visa does have a travel facility.
No. TPV holders cannot sponsor family members for most visa pathways. This was one of the significant limitations of the temporary status. Under the 851 permanent visa, you can sponsor eligible family members through the offshore humanitarian program.
The 851 pathway is specifically for people who arrived before 14 February 2023. If you arrived after that date, the protection landscape is different and more restricted. We can advise you honestly about what options exist based on your specific circumstances.
As a general guide, a Temporary Protection Visa (subclass 785) decision has typically taken in the region of 12 to 24 months, though the time depends heavily on the complexity of your case. Health, character and security checks are usually run in sequence rather than together, and a hold-up at one check can slow the whole process. These are indicative operational timeframes only, not a promise about your application, and they change - we re-check the current position when we act for you.
A 785 generally comes with full work rights, so in most cases you can work full-time for any employer without sponsorship. Some sensitive occupations can carry their own clearance or registration requirements, and visa conditions can vary, so it is worth confirming your exact conditions before you take on a role. We can check the conditions attached to your grant.
First, check your ImmiAccount for messages or requests for information, as the Department often communicates there rather than by phone. Make sure your contact details are current and respond to any request promptly. If processing has run well past the typical 12 to 24 month range with no contact, it may be time to seek advice about an appropriate follow-up or escalation. We can review where your case sits and what, if anything, should be done.
The TPV does not let you sponsor family members from overseas. In some cases, members of your immediate family unit who are in Australia may be able to be included in your application, depending on your circumstances. Family sponsorship is one of the areas where the permanent 851 visa is more generous than the temporary 785, so if you arrived before 14 February 2023 it is worth checking your 851 eligibility first.
A health or character concern does not automatically end a protection application, but it does need careful handling. Depending on your situation, there may be scope to provide further information, address the concern, or seek a reassessment of a finding. How these issues are presented can matter a great deal, so professional advice is strongly recommended before you respond. We can review your circumstances and explain the options that may be open to you.

Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)

Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.

Not sure where you stand on the TPV / 851 pathway?

The transition from temporary to permanent protection is important and the steps differ depending on your specific situation. We can clarify your position quickly.

Temporary Protection 785 TPV - check your 851 path
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