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Australia’s Resident Return Visa, under subclasses 155 and 157, are provisions for non-citizen residents who wish to travel internationally and maintain their permanent resident status or eligibility for Australian citizenship. This article provides a cursory guide on the purpose, eligibility criteria, application process, and other important aspects of Australia’s Resident Return Visa (RRV).
Purpose of the Resident Return Visa
The RRV allows current or former Australian permanent residents, as well as former Australian citizens, to re-enter Australia as permanent residents. This visa is particularly important for those who need to travel outside Australia and whose current permanent visa does not have travel rights or those rights have expired.
Eligibility Criteria
Subclass 155 Resident Return Visa is generally granted to those who:
Are current Australian permanent residents, or past residents whose last permanent visa was not canceled.
Can demonstrate substantial ties to Australia that are beneficial to the country. These ties can include business, cultural, employment, or personal links.
Have been physically present in Australia for at least two years in the last five years as permanent residents. However, if they do not meet the residence requirement, they must demonstrate compelling and beneficial ties to Australia.
Subclass 157 Resident Return Visa is designed for those who:
Individuals that have lawfully spent at least one day in the last five years in Australia.
Or who have spent less than two years in Australia but can show a compelling reason for their absence after they left Australia.
Application Process
Applicants can apply for the RRV online through the Australian Department of Home Affairs website. The application requires personal information, proof of current or former permanent residency, evidence of ties to Australia, and reasons for any substantial absences from Australia. Processing times can vary; thus, applicants are advised to apply well in advance of their intended travel dates.
Validity and Conditions
The validity of the RRV depends on the circumstances of the applicant:
Subclass 155 visas can be granted for up to five years if the applicant is residing in Australia or can prove personal, substantial ties to Australia.
Subclass 157 visas are typically issued for three months, catering to those who need to return to Australia for short periods and have compelling reasons for their previous absences.
Renewal and Cancellation
RRVs can be renewed, provided the applicant continues to meet the eligibility criteria. The process is similar to the initial application, requiring proof of ties to Australia and physical presence, if applicable. It’s important to note that failure to comply with the visa conditions or the emergence of character or security concerns might lead to cancellation.
Conclusion
The Resident Return Visa is a critical tool for maintaining one’s status as a permanent resident in Australia, facilitating the ability to travel internationally without jeopardizing residency status. As policies may change, staying informed through the Australian Department of Home Affairs website or consulting with immigration experts is advisable for current requirements and procedures. This visa ensures that individuals with strong ties to Australia can maintain their status and contribute to the nation’s socio-economic landscape while managing their global mobility needs.
Eligibility for a Resident Return Visa:
1. Current or former Australian Permanent Residents whose 5-year travel facility has expired or is nearing expiration.
2. Former Australian citizens seeking to reinstate permanent residency.
Significance of a Resident Return Visa:
1. Maintaining Australian Permanent Resident status while traveling overseas.
2. Returning to Australia after the lapse of the travel facility.
Important Note: This visa is not applicable if the last Permanent Residency visa was revoked or cancelled.
Subclass 155: The 5-Year Travel Facility
Individuals who have maintained lawful permanent residency in Australia for at least 2 out of the last 5 years are eligible for the subclass 155 visa with 5-year travel facility. This allows unrestricted travel to and from Australia for up to 5 years without compromising permanent residency status.
Subclass 157: The 3-Month Travel Facility
For those who have not fulfilled the 2-year residency prerequisite, eligibility for a Resident Return Visa under subclass 157 is possible. This visa provides a 3-month travel facility and requires the demonstration of “compelling reasons” for departing from Australia.
Understanding “Compelling Reasons”:
The term “compelling” in the Migration Act 1958 is not defined. However, it refers to situations where an applicant must depart Australia due to reasons beyond their control. While it is not defined in the Migration Act 1958 or Migration Regulations 1994, the Federal Court decision of Babicci v MIMIA (2005) provides a good reference point. The compelling reason is when the circumstances are so powerful that they lead the decision maker to make a positive finding that the regulation should be waived.
This generally pertains to situations beyond one’s control that prompted departure from Australia, including:
– Family emergencies such as severe illness or demise of a close relative overseas
– Urgent work or study commitments beneficial to Australia
– Ongoing relationship with an Australian citizen partner residing overseas
– Medical grounds, such as intricate or prolonged treatment preventing travel
– Unforeseen legal proceedings impacting travel plans
– Natural disasters or political unrest
– Significant personal events reasonably delaying return to Australia
12-Month Travel Facility: An Alternate Avenue
For those who do not meet the criteria for subclass 155 or 157, eligibility for a 12-month travel facility is feasible by demonstrating “substantial ties” to Australia, including:
– Business ownership of an Australian company
– Active involvement in Australia’s artistic or cultural sphere
– Existing employment contract with an Australian company
– Having a partner or child who is an Australian citizen
The Importance of Seeking Professional Help
Navigating the complexities of Australian immigration law can be daunting, including Australia’s Resident Return Visa (RRV) subclasses 155 and 157 visas. If you’re unsure about your eligibility or need assistance with your application, it’s crucial to seek guidance from immigration lawyers. Cogent Legal can help you understand your options, prepare a strong application, and increase your chances of success. Contact us for questions on migration law.
Remember: Your Australian Permanent Residency is a valuable privilege. Don’t risk losing it due to an expired travel facility or unforeseen circumstances. Take proactive steps to secure your right to return to Australia by exploring your Resident Return Visa options today!
References:
Babicci v MIMIA (2005) FCAFC 77
Migration Regulations 1994 – SCHEDULE 1 Classes of visa 1128 – Return (Residence) (Class BB)
Migration Regulations 1994 – SCHEDULE 2 Provisions with respect to the grant of Subclasses of visas