866 Visa (Protection Visa Subclass 866)

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866 Visa

866 Visa

Snapshot

The Protection visa (subclass 866) lets people who arrived in Australia on a valid visa and now fear persecution or significant harm stay permanently as refugees or under complementary protection. It confers work and study rights, Medicare, potential Centrelink access and a future path to citizenship.

Who Can Apply?

  • Be in Australia lawfully. Lodge while holding a substantive visa (unauthorised maritime arrivals cannot use this pathway).
  • Engage Australia’s protection obligations. Show you are a refugee under the Refugee Convention or face real risk of significant harm (complementary protection).
  • Meet public-interest criteria. Pass identity, health, character, security and Australian Values requirements.
  • Apply within time limits. Lodge before your current visa expires, otherwise seek advice on bridging options.
Key benefits once granted

Benefit

Details

Permanent residence

Live in Australia indefinitely; travel in and out for 5 years on the initial travel facility.

Work & study

Full work rights, domestic-fee study options and access to Skills for Education & Employment.

Medicare & services

Immediate enrolment in Medicare; possible Centrelink and settlement support.

Family reunion

Sponsor eligible family overseas through the split-family stream of the offshore humanitarian program.

Citizenship pathway

Apply for Australian citizenship once residence requirements are met.

Fees & processing times

Item

Amount / timeframe*

Base Visa Application Charge

AUD 50 (additional applicants: AUD 0)

Median processing time**

Unavailable – the Department does not publish standard times for this visa. Expect lengthy assessment and plan for several years.

Common pitfalls—and fixes

Pitfall

Prevention tip

Vague persecution narrative

Write a detailed, chronological statement matching country evidence.

Inconsistent dates across forms

Cross-check passports, visas and entry cards before lodgement.

Late evidence uploads

Front-load all documents; add updates via ImmiAccount “update details” link.

Why choose Jade Immigration Lawyers

  • Direct access to a lawyer – every case is personally handled by an experienced immigration lawyer.

  • Holistic support – from bridging-visa work rights to post-grant family-reunion strategy.

  • Fixed fees, clear communication – no hidden costs.

Need expert help?

Book a 30-minute consultation with Jade Immigration Lawyers for $250. If you proceed with us, your consultation fee will be credited towards your legal fees. We assist clients Australia-wide and internationally.

📅 Book a Consultation Now

Let us handle the paperwork — so you can focus on your future.

Related Pages

FAQ

Get answers to frequently asked questions about our immigration services and processes. For additional assistance, please reach out to us.

How much does the visa cost?

AUD 50 for the main applicant; no extra charge for family members.

What if I came to Australia by boat?

Unauthorised maritime arrivals cannot lodge a subclass 866; they may be considered for temporary protection instead.

Can I include my spouse and children in the same application?

Yes. Immediate family members in Australia can be added to your Form 866 before a decision is made, at no extra fee.

Will I get a Bridging Visa after I apply?

In most cases, you’ll receive a Bridging Visa A (BVA) that keeps you lawful and lets you work while the 866 is processed.

What happens if my 866 visa is refused?

You generally have 28 days to lodge a merits review with the Administrative Review Tribunal (ART). Seek legal advice quickly.