Converted RoS 851 Applications in 2026: What Agents Should Tell Clients Still Waiting
What agents should tell clients still waiting on a converted Resolution of Status (851) case in 2026: identity requests, delay factors, and honest outcomes.
2026-10-04
According to the Australian Department of Home Affairs' official page for the Resolution of Status (Subclass 851) visa, current as at August 2026, conversion of a Temporary Protection visa (subclass 785) or Safe Haven Enterprise visa (subclass 790) application is not a grant decision. It moves the case into the RoS caseload, where health, character, security and identity requirements still have to be met, and where the Department can ask for further information at any point before a decision. For an agent, the practical task in 2026 is expectation management: explaining that "converted" means the file is being assessed as an RoS application, not that a grant is imminent, and preparing clients for further requests rather than promising a date. This article is general information only and is not individual advice on any person's case; where a client's circumstances differ, the official page and a registered migration agent or legal practitioner's assessment govern.
Does conversion mean the client has already been found eligible?
Not quite. The Department converts an application made before 14 February 2023 — including a subsequent TPV or SHEV application — and says it will convert the application where it finds the applicant meets the criteria for the TPV or SHEV. That is a finding on the temporary visa criteria. The permanent grant then depends on the requirements that attach to the RoS visa itself: all applicants need to meet health, character and security requirements, and anyone aged 18 or over must sign the Australian Values Statement.
The same page describes two intake routes that lead to the same assessment queue. Clients who applied for an initial TPV or SHEV before 14 February 2023 did not need to apply for an RoS visa; if the criteria are met, their application is converted. Clients who held a TPV or SHEV and had applied for a subsequent TPV or SHEV before that date also did not need to apply, because their application has been converted. In both cases the Department says it will notify the applicant if a RoS visa is granted — wording that leaves room for a refusal outcome and should not be repeated to clients as "you will be granted".
Why is a converted case still waiting in 2026?
The Department's processing information for this visa says it continues to actively process all RoS visa applications, and that some cases are more complex than others, requiring additional information from applicants including in relation to identity. It asks applicants to cooperate with that process so applications can be finalised as quickly as possible. What it does not do is publish a service standard that lets anyone predict a decision month, and the page states plainly that the Department cannot give updates on processing status.
For agents, this reframes the client question "when?" into "what is outstanding?". The official channels are the file itself: the Department's instructions say applicants can check whether more information is needed in ImmiAccount, and that people who applied on a paper form must wait to be contacted. Anyone can provide further information in writing at any time up to the decision; if documents were missing at lodgement, they should be attached in ImmiAccount as soon as possible, or emailed to the address in the application acknowledgement letter. There is also a published route to broader context — the Unauthorised Maritime Arrival legacy caseload reports under the Home Affairs humanitarian program statistics — but that dataset describes the caseload, not an individual queue position.
What actually happens when the client is asked for identity information?
This is the most common reason a converted file stalls, and it is where agents add the most value. The visa's requirements allow the Department to ask for documents as evidence of identity, nationality or citizenship, to ask for clarification, and in some cases to require an interview; biometric collection (fingerprints and a digital photograph) may be requested where not previously provided.
The sequence matters, and it is worth walking clients through it in advance:
| Stage | What the Department does | What the client needs to do |
|---|---|---|
| Invitation to provide identity information | Specifies documents and a timeframe | Provide original and translated documents by the date given |
| Non-response within the timeframe | Gives the applicant an opportunity to explain why, and the steps taken to obtain the information | Explain the obstacle and evidence the attempts made |
| Response raises substantial concerns about a previous identity finding | Assesses whether at least one of three criteria is met | Provide whatever supports that assessment |
| No genuine attempt to establish identity | May consider refusing the application | — |
The three criteria in that third row are alternatives, not a checklist: the applicant would satisfy the criteria for a protection visa (including engaging Australia's protection obligations); there is a compelling or compassionate reason for the grant, which the page illustrates with family circumstances, health needs or a positive contribution to Australian society; or the applicant is a member of the same family unit as a person who holds a RoS visa. Framing this early stops clients reading an identity request as an accusation and stops them letting a deadline pass.
Can a decision be made even if the client never responds?
Yes. Where the Department asks for more information, the client has to respond by a set date, and after that date the Department can make a decision using the information it already holds. Combined with the statement that failure to make a genuine attempt to establish identity may lead the Department to consider refusal, silence is one of the few actions entirely within the client's control that can damage the outcome. Two related traps follow from the same logic: providing a bogus document, or false or misleading information about identity, may result in refusal.
Suppose an applicant was invited to supply an expired passport and a birth certificate from an overseas authority and cannot obtain them within the given window. The correct step is not to send nothing; it is to respond in writing explaining why the documents are unobtainable and evidencing the attempts made, then follow up through ImmiAccount. Agents should keep a dated record of that exchange, because it is the material on which the "genuine attempt" judgement is made.
What can legitimately be charged for this work?
Nothing is payable to the Department. There is no visa application charge for the RoS visa, and the Department states it does not charge any fee to fast-track a visa — an offer of fast-tracking for payment is described on the official page as a scam. This is a point to make proactively: clients in a long-pending converted caseload are the population most likely to be approached by someone selling speed.
Only certain people may lawfully give immigration assistance, and only registered migration agents and legal practitioners may charge for it. The official page directs applicants using an agent to confirm registration with the Office of Migration Agents Regulatory Authority (OMARA). Where a client wants help, the appointment itself has a formal channel: Form 956 appoints a registered migration agent, legal practitioner or exempt person, while Form 956A covers an authorised recipient for correspondence, and both are uploaded in ImmiAccount. Withdrawal of either appointment uses the same forms. Free specialist legal assistance for RoS applicants is listed by state and territory in the Department's RoS visa factsheet, which is worth knowing about even when a client is fee-paying, because referral for separate help is sometimes the honest answer.
How do you keep the client lawful while they wait?
Two distinct protections appear on the official page, and mixing them up causes real problems.
First, for people still holding a current TPV or SHEV: a valid RoS application extends that visa until a decision is made on the RoS application. Validity therefore depends on timing — the application had to be made before the current TPV or SHEV ceased. Second, for people already unlawful because their TPV or SHEV expired before 14 February 2023, an RoS application is also an application for a bridging visa. If neither route was secured, there is no backdated fix described on the page, which is why the "apply before your visa ceases" instruction should be repeated at every contact, not only at lodgement.
Travel is the other recurring question. A TPV or SHEV holder with a valid application for another TPV, SHEV or RoS — including a converted RoS — remains holding their current visa indefinitely until a final decision is made on the subsequent application, and TPV/SHEV travel continues to operate through the permission-to-travel process. There are no travel restrictions on the RoS visa itself once granted, with travel to and from Australia for five years from the grant date, after which a Resident Return visa (subclass 155 or 157) is needed. Critically, an applicant must be in Australia for the grant; if overseas when the visa is ready to grant, the Department will contact them and ask them to return within 28 days, and failure to return may lead to refusal.
Which changes of circumstances must be reported while waiting?
Changes that must be notified include name, phone number, email, address or passport changes; changes in marital or de facto status; pregnancy; the birth of a child; the death of a family member who is an applicant; and withdrawal of the application. A child born after lodgement and before decision is included in the application, provided the Department is told as soon as possible using Form 1022, along with a clear colour copy of the original birth certificate attached in ImmiAccount or emailed to the address in the acknowledgement letter.
Two operational details help here. Incorrect answers already given should be corrected promptly using Form 1023. And because email is the Department's preferred and fastest communication method while post is slower and can lengthen finalisation, clients who did not select email in their application can switch using Form 1193. Refusal outcomes come in writing with reasons, review rights and review time limits, including review by the Administrative Review Tribunal.
Frequently Asked Questions
My client's application was converted — should they do anything else right now?
No further application is needed for a converted case, and the Department says it will notify them if a RoS visa is granted. What they should do is keep contact details current, monitor ImmiAccount for requests, and respond to anything received by the stated date. See whether an authorised recipient or agent appointment still reflects who is actually advising them.
Can the agent find out where the case sits in the queue?
No. The Department states it cannot give updates on the processing status of an application, and no processing-time figure for individual cases is published on the visa page. The observable signals are requests for information and the final written outcome, both of which arrive through the channels set out on the official page.
We missed the deadline to provide identity documents — is the application finished?
Not automatically. The page says an applicant who does not provide the information within the timeframe will be given an opportunity to explain why and to show the steps taken to obtain it. The risk arises if no genuine attempt to establish identity is made, in which case the Department may consider refusing the application, so the response should be made in writing and promptly.
What happens if the Department still doubts identity after we respond?
Where the response leaves substantial concerns about a previous identity finding, the Department will assess whether at least one of three criteria is met: protection visa criteria including Australia's protection obligations, a compelling or compassionate reason such as family circumstances or health needs, or membership of the same family unit as a person who holds a RoS visa. Only one needs to be satisfied.
Does the client need health checks and police certificates again?
Possibly, but not automatically. Health requirements may be waived where they were already satisfied for the grant of the TPV or SHEV, and examinations, if required, are arranged after lodgement using a health identifier (HAP ID) and are conducted by Bupa Medical Visa Services. Police certificates should not be arranged until asked; when requested, they cover each country lived in for 12 months or more in the past 10 years after turning 16, unless already provided with the TPV or SHEV application.
Does waiting affect the client's current visa?
A valid RoS application extends a current TPV or SHEV until a decision is made on that application, provided it was lodged before the TPV or SHEV ceased. For someone already unlawful because their TPV or SHEV expired before 14 February 2023, the RoS application is also an application for a bridging visa. Once granted, residence is permanent and travel rights run for five years from the grant date.
Someone offered to speed up the grant for a fee — is that legitimate?
No. There is no visa application charge for the RoS visa, and the Department states it does not charge a fee to fast-track a visa, describing such offers as scams. Only registered migration agents and legal practitioners may charge for immigration assistance, and registration can be checked with OMARA.
References
- Department of Home Affairs — Resolution of Status (Subclass 851)
- Department of Home Affairs — ImmiAccount login
- Office of Migration Agents Regulatory Authority — home
- Department of Home Affairs — Humanitarian program statistics
- Administrative Review Tribunal — applying for review
- Australian Passport Office — Department of Foreign Affairs and Trade
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