Student Visa To Protection Visa

Student Visa To Protection Visa
Photo by sean Kong / Unsplash

When we talk about a student visa to a protection visa, a visa to protect you 866 is a long-term visa that Australia gives to people who might be at risk in their home countries. To apply for this visa, applicants must already be in Australia legally (under another visa) when they apply. If you have an 866 visa, you might be able to move to Australia and become a citizen.

What Are the Requirements for an 866 Visa?

These are the rules for getting an Australian protection visa 866:

Visa Application Form for Protection. In your ImmiAccount, you can find the form that you need to apply for the visa online. If you need to apply for the visa by mail, you will need to print out form 866. It will help the Department figure out if you need Australia’s help to answer all of the questions on your form with as much detail as possible.

Documents that show who you are. You need to show the pages of your passport and your personal information. Submissions: You may also be asked to:

  • A birth certificate.
  • National identification.
  • A driver’s license.
  • Certificate of having changed your name (if applicable).
  • Relationship documents.
  • Fingerprints and a recent passport picture, too.
  • Proof of Relationship. You should show proof that you are in a relationship with your partner.
  • Health. When you apply for this visa, you need to show that you have had health checks. The Department of Foreign Affairs will provide you with a health identification called HAP-ID when you submit your application. Bupa medical services do the health exams, and you’ll get them after you submit your application.
  • Sign the Values Statement for Australia.
  • Certified copies of your old visas

Australia Protection Visa 866 Application Process

There are two methods to apply for a visa to live in Australia:

  1. Go to the online visa service to get a visa now.
  2. The second way is to fill out a paper application form.

Go to the online visa service to get a visa now

If you want to apply for a visa online, you need to set up an ImmiAccount. You can send in your documents and fill out the form for a visa. During the process, you can follow the instructions from the online service.

Visa fees must be paid after sending in your documents and the form for a visa. If someone else is assisting you with your application, you can write a statement about them through your ImmiAccount. This statement will say who is helping you and why.

Fill out a paper application form.

If you need to submit an application for a position, you must complete a request form and attach it to the rest of your supporting documentation. You have to send the application to the address you wrote on your application form by mail.

There are no in-person submissions. If you send your application to a different address, it won’t be taken. You still have to pay your visa fee through an ImmiAccount.

After You Apply for a Protection Visa

Once your request has been approved, you will be told in writing about the visa decision in the mail. After that, you can apply for an Immicard to use it as a travel document when you go on trips. A letter will be sent to you if your visa is turned down. It will tell you why your visa was turned down and how to apply for a decision review.

If you want to get a visa, the Immigration Department might ask you to go to a meeting with them. When you go to the interview, they will ask you about your situation and why you want to get a visa, and they will also ask you about the information you provided in your application. This is how it works: The information you give in your application and your interview must match up.

Protection Visa 866 Processing Time

There is no set time for a protection visa application to be processed. If you apply for a job in Australia, the government quickly tries to get it done.

How long is it valid if you want to protect your visa?

A visa to protect you 866 is a long-term visa that can be used for a long time. If you’re in Australia on a permanent visa, like an 866 visa, you can’t go home for five years.

With a Protection Visa 866, can I go to the country I want?

Protection visa 866 holders can travel anywhere in the country for five years after getting their visa. After five years, you won’t be able to travel freely unless you get a resident return visa.

When you want to go on your first trip after your visa has been approved, you need to get a travel document from an Australian Passport Office or the Department of Foreign Affairs and Trade.

Don’t use the travel document that your home country gave you when you travel. If the Australian government thinks you don’t need to be protected anymore, it could revoke your visa. This is important to remember!

Restrictions on the Protection Visa 866

If you have a protection visa 866, you can’t go to the country you want to stay away from. And also, if you have an excellent reason to go to Australia, you need to get permission from the government.

If you go home without permission, your visa and your family member’s visa may be canceled. This rule applies to all the people on your application. You can use your Immicard instead of your passport when you go to the airport or on a plane.

Is it Possible to Work While on a Protection Visa 866?

You can go to work with a protection visa if it’s essential. This is a long-term visa, which means you can work as long as you do legal work that meets Australia’s working rules.

Can I Study With an Australian Protection Visa 866?

There is no reason why you can’t go to school in Australia if you have a protection visa, but you can. If you meet a few conditions, you can take 510 hours of English Language Classes for free.

Is it possible to bring my family to Australia with a Protection Visa 866?

You can help your family members outside of Australia come to Australia through the Offshore Immigration Program. Your family members may be able to get a long-term visa.

What will happen if my application for an Australia Protection Visa is turned down?

If your visa application is turned down, you have the right to ask for a waiver of the rejection notice. A written answer from the Department tells you about your denial notice. You can read it to find out what happened.

People who get Temporary Protective Visas can stay in the country for a short time to protect themselves.

And also, people can get Temporary Protection Visas (TPVs) even if they don’t have a visa. People who come to Australia without one and are found to have protection obligations could get one.

As its name implies, a TPV only allows the holder to stay in Australia for a short time. This is in contrast to a Permanent Protection Visa (PPV), which enables the holder to stay in Australia. TPVs can last for up to three years, but some are only given for a short time. There are two ways for people to get another TPV after their first one expires:

TPV holders can work, but they may have to follow specific rules. They also have access to Medicare. They can get some help with their income. Still, the level and terms of this help are up to the Minister for Immigration and Border Protection.

If the person who has a TPV leaves Australia, the TPV does not allow them to return. TPV holders also can’t get any visas while in Australia, so they can’t get visas for their families.

How Protection Visa applicants can improve their chances of getting the visa.

Visa for protection With a lawyer or migration agent representing them, people who go to the Administrative Appeals Tribunal is seven times more likely to get their case heard and win.

This and other things came from a Freedom of Information Request that looked at 18,196 cases of Protection Visa applicants who arrived by plane between January 2015 and December 2019. The AAT looked at and decided on these cases.

First, a person at the Department of Home Affairs decides whether or not to grant a Protection Visa. If the decision isn’t made, they can have a new hearing at the Administrative Appeals Tribunal to look at the merits of their claim for protection again.

The review found that only 13% of people who applied for protection visas at the AAT got good results. In the rest of the cases, the Department’s original decision was upheld, and it was the same for the other 77%.

This means that there are many things that people who want to apply for a protection visa review should think about if their visa is turned down.

1. Legal Representation – The protection visa was turned down.

Only 4% of people who didn’t have a lawyer or migration agent were able to get into the AAT. This rose to 28% when the protection visa review applicant had a lawyer.

More than half of the people who wanted to get a review didn’t have a lawyer with them when they went to the Tribunal.

The most important thing you can do to improve your chances of success is to have a good lawyer.

Canceling your student visa to apply for another onshore visa.

If the question is asked a lot, it can cause problems. Is it possible to cancel your student visa to apply for another onshore visa?

You can cancel your visa application before the decision is made, but you can’t cancel it after the decision is made without having problems.

When you apply for a Substantive visa on the ground, you may be given a Bridging Visa A (BVA) or another Bridging visa. This is based on the type of visa you apply for and your current visa status. When your current visa runs out, the bridging visa comes into play.

You must follow the rules of your current visa until the bridging visa comes into effect. If you cancel your student visa to apply for another onshore visa, you won’t be able to use your bridging visa.

To stay on the BV, if you cancel your student visa, you must have applied for another visa while still on the student visa. If you cancel your student visa, you will not be able to stay on the BV (i.e., the substantive visa). Thus, if you lose your student visa, your visa will also lose its validity. You’ll then have to leave the country illegally.

To avoid being in Australia illegally, you can only get a Bridging Visa E.

Bridge Visa E does not automatically give you the right to work in the United States. If you want to get work rights, you’ll also need to apply for work rights. To get work rights, you will need to show that you are in “financial hardship,” and there are specific rules for how to do this.

There is also no way to get a Bridging Visa B to leave Australia and return. With the Bridging Visa E, you can’t do that. There is no way to get back to Australia if you leave it, So, even if your family dies, you might not be able to come back to Australia if you leave.

You could be illegal when your visa is canceled until you get a BVE. The Department usually gives you the BVE right away to avoid this.

If your visa is canceled, you may not be able to stay in the country legally for any length of time. When you apply for Citizenship, this will change the general residency requirements. When you get a new visa to stay in Australia long enough to become a citizen, your time there will start again. It could be that you have been in Australia legally for four years, and your visa was revoked. If you get a new visa, you will have to wait another four years to meet the residency requirement for Citizenship until then.

A record of cancelation or unlawfulness may make it difficult for you to get a visa in the future in Australia. You may also have to explain why your visa was canceled or why you were unlawful when you applied for visas in other countries.

If you are on a student visa and want to apply for another visa and stop studying, there are so many things to think about. It will violate your student visa’s terms if you stop learning, and you could lose your visa, which could significantly impact your life.

The advantages of a protection visa

stay in the same place you live as long you have a protection visa,

1. As a permanent resident of Australia, you can live and work there for as long as you want.

2. Have access to Medicare, Australia’s health care system, and Centrelink, which helps people get money for things like food and clothes.

A parent, guardian, or another person close to the person applying for a visa must permit the person to take a picture or fingerprint. Fingerprints are not necessary for children younger than 15, incapable, and physically challenged.

If you need to be a refugee, you have to show the immigration department that you are one. And also, it is vital to have good legal representation to have a good outcome for the case.

Statement of Policy: Permanent Protection

People trying to get asylum in Australia and are found to be refugees or owed Complementary Protection should get a visa that lasts for a long time.

There should be no more Temporary Protection visas (TPV) or Safe Haven Enterprise visas (SHEV). They don’t work; they hurt people who need protection in Australia and break the Australian community.

No matter how they arrive in Australia, all persons requesting refuge should be treated similarly, regardless of their origin. People who come to the US by boat are treated differently and don’t meet their obligations under the Refugee Convention of 1951, signed in 1951.

People who are owed protection in Australia should be able to try to get back together with their families. This is because the family is vital to everyone’s well-being and the healthy functioning of the Australian community.

Protection visa to permanent residency

The Protection Visa is a long-term visa that allows visa holders to:

1. stay in Australia indefinitely;

2. work and study in Australia;

3. receive Medicare and Centrelink benefits;

4. help relatives who qualify for permanent residency; and

5. eventually apply for Australian Citizenship.

Who can get a Protection Visa?

To be granted a Protection Visa, you must be found to engage Australia’s protection obligations because you either:

1. meet the definition of the refugee as defined in the Migration Act 1958; or

2. The Migration Act 1958 has a “complementary protection” scheme for people who meet specific legal rules.

What does it mean to be a refugee?

Under the Section 5H of the Migration Act 1958, a person is a refugee if they are:

They are outside the country where they are from. Because they are afraid of persecution, they can’t get help from that country.

You must demonstrate that any persecution you have suffered was for reasons relating to your:

1. race;

2. religion;

3. nationality;

4. political opinion

5. membership in a particular social group.

What is Australia’s complementary protection scheme?

You must demonstrate that you would suffer a substantial danger of one or more of the following categories of serious damage as a necessary and foreseeable result of your removal from Australia to be recognized as a person afforded supplemental protection by Australia:

1. arbitrary deprivation of life;

2. the death penalty;

3. torture;

4. political opinion

5. degrading treatment or punishment.

Conclusion

Individuals who did not enter Australia unlawfully via unauthorized sea or air travel are eligible for the Protection Visa 866. This permanent visa enables applicants to live and work in Australia as permanent residents while also receiving Centrelink and Medicare benefits.

Furthermore, the applicant or qualifying family members must be present in Australia at the time of application for the Protection Visa 866.

Please let us know your opinions in the comments section below.

Kaveesha Edirisinghe

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