188.8.131.52 CCS - Australian Residency Exceptions
Australian residency exceptions
Note: The visa subclass 851 Resolution of Status (permanent) (class CD) commenced on 9 August 2008 when the temporary protection arrangements were abolished.
As a result holders of the following visa subclasses:
- 785 (classes XA and XC) Temporary Protection,
- 447 Secondary Movement Offshore Entry,
- 451 Secondary Movement Relocation, and
- 695 Return Pending,
became eligible for a visa subclass 851 Resolution of Status (permanent) (class CD) visa from 9 August 2008 as the above visa subclasses were abolished from this date.
Visas, however, already issued under the above subclasses will remain valid until they expire or the holders are granted another visa.
The visa subclass 785 (class XD) Temporary Protection was reintroduced on 16 December 2014 and is currently in effect.
|Exception circumstance||More detail|
|The person holds an SCV.||All SCV holders residing in Australia are eligible - it is not necessary to be a 'protected SCV holder'.|
|The person holds a subclass of visa determined by the Minister and the person is:
Note: The following visa subclasses generally have a visa travel facility that would enable the holder to be temporarily absent from Australia:
|The following visa subclasses have been determined by the Minister:
|The person is undertaking a course of study in Australia for which they receive direct financial assistance from the Commonwealth.||
Example: AusAID scholarship (if receiving direct financial assistance) or Endeavour Award.
This does not include students on a university scholarship indirectly funded by the Commonwealth.
|The person is taken to be an Australian resident because:
This is a discretionary decision.
|Hardship may be caused by a traumatic event such as:
In each circumstance you should consider:
*Subject to approval from the Department of Home Affairs, a subclass 785 (class XD) or 790 visa holder may be eligible to travel overseas and re-enter Australia where the holder can demonstrate compassionate or compelling circumstances.
Act reference: FAAct section 8 Extended meaning of Australian resident-hardship and special circumstances, section 85BB Residency requirements
SS Guide 9.2 Visa Subclasses & Payment Eligibility for Visas Issued After 1/9/94