A group of Indigenous people who spent just under three years in limbo since the High Court ruled they could not be deported have been granted special purpose visas allowing them to work, access Medicare, and travel internationally, the Guardian has revealed exclusively.

The group, some of whom spent time in immigration detention before a February 2020 ruling found Indigenous people can not be treated as "aliens" under the Immigration Act, remains unsure of when their citizenship status will be resolved.

In July last year the newly-elected Albanese government abandoned an effort by the previous Morrison government to overturn the high court finding.

Subsequently it was revealed at least 12 Indigenous non-citizens were in legal limbo.

Daniel Gibuma, a 58-year-old Torres Strait Islander who was born in Papua New Guinea and spent over two years in the Yongah Hill immigration detention centre, was released following the 2020 high court ruling but had been living stateless as a "non-alien, non-citizen" until the federal government's decision last December to allow 19,000 refugees to stay in Australia permanently.

He told the Guardian it was "a big breakthrough" for the group.

"Getting this visa means we can move on with our lives, like getting a job and continue until they give us our citizenship. It is better than nothing," Mr Gibuma, who now lives in Cairns, said.

While he was detention and later, while unable to leave Australia, Mr Gibuma's brother and mother died. His six-year old son, who was sent back to Papua New Guinea to live with family, only to die due to illness in April 2022.

"I am looking forward to being able to travel back to PNG. I will go to my village in Mabaduan and visit my son's grave. He is buried next to my mum, so I will go and visit them," Mr Gibuma told the Guardian.

Akee Charlie, PNG-born Townsville resident, is the grandson of George Mye, the well known Torres Strait Islander who fought for the region's autonomy. However, despite his prominent family ties, he had faced deportation as a non-citizen.

He also lost a brother and a son while in immigration detention.

"I was struggling last year, but this is a real weight off. Getting this visa made me so happy, all the stress and everything off my shoulders. I have a visa now, a visa number. I can work. I can travel," Mr Charlie told the Guardian.

The Department of Home Affairs has confirmed the special purpose visas were "a temporary solution" but has shed no light on how the group would transition to citizenship and whether a new visa type would need to be created.