- Suite 8.07, 365 Little Collins Street, Melbourne VIC 3000
- info@emigratelawyers.com
Once you have been granted a permanent visa it has an initial five (5) year validity period. This validity period is essentially a travel facility. If you remain in Australia beyond the five years your permanent residence does not expire, only your ability to depart and then re-enter Australia as a permanent resident is affected.
To obtain a new five (5) year travel facility (called a resident return visa, or RRV) the basic criteria is that you have spent at least two (2) years out of the last five (5) physically present in Australia as the holder of a permanent visa.
If you cannot meet the ‘2 in 5’ requirement you may be eligible for a resident return visa with one year travel validity. As noted above, if you remain in Australia beyond the one year validity period your permanent residence does not expire, only your ability to depart and then re-enter Australia as a permanent resident is affected.
To meet the requirements for the one year RRV you must demonstrate that you have substantial ties to Australia that are of benefit to Australia. Substantial ties can be under any of the following:
Business
Employment
Family
Cultural
Permanent residents who have less than 2 years’ physical presence in Australia and who have not yet established substantial ties of benefit to Australia may be eligible for a three month RRV. For example, you may have settled in Australia when nearing the end of your migrant travel facility and need to travel overseas before you have established substantial ties.
As above, if you remain in Australia beyond the 3 month validity period your permanent residence does not expire, only your ability to depart and then re-enter Australia as a permanent resident is affected.
Residence status
You must be:
an Australian permanent resident
a former Australian permanent resident whose last permanent visa was not cancelled
a former Australian citizen who lost or renounced their citizenship.
You must have a valid passport.
You must meet the character requirements.
You are not eligible for this visa if your last permanent visa was cancelled.
DHA will not accept an application if you have received a notice that your permanent business visa might be cancelled.
You should not apply for this visa if you hold:
an Authority To Return (ATR) that was granted between 1 March 1976 and 31 August 1979
a Return Endorsement (RE) that was issued between September 1979 and 31 December 1986
a BF-111
Both the 155 and 157 visas are permanent visas. They let you undertake all of the activities that your original permanent visa let you undertake:
stay in Australia indefinitely
work and study in Australia
enrol in Medicare, Australia’s scheme for health-related care and expenses
sponsor eligible relatives for permanent residence
travel to and from Australia as many times as you want while the travel facility is valid
apply for Australian citizenship, if eligible.
The difference between the visas is the length of the travel facility:
Subclass 155 – up to five years from the date of grant.
Subclass 157 – 3 months from date of grant.
The visa you are granted depends on the information you provide in your application.
You might be granted a subclass 155 visa if you either:
meet the resident requirement (5 year travel facility)
have ties of benefit to Australia (1 year travel facility)
are a family member of someone who holds, or has applied for, a Resident Return visa and satisfies the criteria for grant (up to 1 year travel facility).
You might be granted a subclass 157 visa if all of the following apply to you:
you lawfully spent at least one day but less than two years in the past five years in Australia immediately before you apply for this visa
you were an Australian permanent resident or an Australian citizen the whole time you were in Australia
there is a compelling and compassionate reason for leaving Australia.
Passport: A valid passport is required.
Evidence of Permanent Residency: Documentation proving your permanent residency status.
Proof of Substantial Ties: For those who do not meet the residence requirement, evidence of business, cultural, employment, or personal ties to Australia.
Online Application: The preferred method is through the Australian Government’s Department of Home Affairs website.
Paper Application: If online application is not possible, you can submit a paper application.
Ensure you pay the correct fee associated with your RRV application.
The processing time can vary, so it’s important to apply well in advance of your travel plans.
Benefits of the RRV
Travel Flexibility: Allows you to travel in and out of Australia without losing your permanent resident status.
Family Reunification: Enables you to maintain your residency status while spending time abroad with family.
Work and Study: Continues to provide the right to work and study in Australia.
The Subclass 155 RRV is typically valid for five years, while the Subclass 157 RRV is valid for three months.
Yes, former permanent residents can apply for an RRV if they meet the eligibility criteria.
If your application is denied, you may have the option to appeal the decision or provide additional information to support your case.
If you have been outside Australia for more than three continuous months immediately before you apply, you must have a compelling and compassionate reason for the absence.
If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia.
You can apply for the visa outside Australia, but it must be granted before you enter Australia.
The subclass 155 and 157 visas are permanent visas, however, this does not mean that the visa always lasts indefinitely.
If you do not travel outside Australia the visa lasts indefinitely (it does not end) and you will not become unlawful when the travel facility ends
If you do travel outside Australia after the travel facility on the visa ends, the visa will end when you leave Australia. So it is best to apply for another Resident Return visa before you leave Australia. You can also apply from overseas.
The length of the travel facility attached to your visa depends on information in your application and the visa subclass you are granted.
What to do when the travel facility ends.
There is important information for New Zealand passport holders.
You cannot include family members in your application. Each family member must complete their own application.
You and your family members must comply with Australian laws.
Navigating the complexities of immigration law and visa applications can be challenging. At Emigrate Lawyers, we specialize in providing expert legal assistance for all types of Australian visas, including the Resident Return Visa (RRV). Here’s how we can support you through the RRV application process:
Initial Assessment: We offer a thorough assessment of your current situation to determine your eligibility for the RRV.
Tailored Advice: Receive customised guidance on the most suitable visa option and the best course of action for your specific needs.
Document Review: We ensure all your documentation is complete and accurate, minimising the risk of delays or rejections.
Evidence Compilation: Assistance in gathering and presenting compelling evidence to support your ties to Australia, if needed.
Professional Application Handling: Our experienced lawyers handle the submission of your application, ensuring it meets all legal requirements.
Fee Management: Guidance on the correct application fees and how to process them efficiently.
Ongoing Support: We provide continuous support and updates throughout the application process.
Government Liaison: Direct communication with the Department of Home Affairs on your behalf to address any queries or issues that arise.