News & Insights
Did you know that thousands of permanent residents in Australia require a Resident Return Visa (RRV) to re-enter and continue living in Australia as permanent residents?
Whether you are a frequent traveller or have spent extended periods outside the country, understanding how RRVs work is important to maintaining your permanent residency status.
Below, we will explain the eligibility criteria, how to demonstrate substantial ties to Australia, what to do if you’ve been absent from Australia for more than 5 years, and how to show compelling reasons for needing an RRV.
What is a Resident Return Visa?
An RRV (subclass 155 and 157) allows current or former permanent residents of Australia to travel overseas and return to Australia all while maintaining their permanent residency status.
While Australian citizens have the automatic right to enter Australia, all others, including permanent residents, need a valid visa to re-enter. An RRV (subclass 155 or 157) is required if the travel facility on a permanent visa has expired.
Eligibility for an RRV
Understanding RRV requirements is crucial for maintaining your permanent residency, particularly if you travel frequently or have been away from Australia for an extended period.
Subclass 155 for a 5-Year Travel Facility
You may be eligible for a 5-year RRV if you:
- Are an Australian permanent resident; or
- Are a former Australian citizen who has renounced their citizenship; or
- Are a former Australian permanent resident whose most recent permanent visa was not cancelled;
- Have been physically present in Australia for at least two years in the past five years; and
- Do not hold a temporary or bridging visa.
Subclass 155 for a 1-Year Travel Facility
If you do not meet the two-years out of five years residence requirement, you may qualify for a 1-year RRV if you:
- Have substantial business, cultural, employment, or personal ties to Australia that benefit Australia;
- Have not been absent from Australia for a continuous period of five years or more, unless compelling circumstances exist; and
- Do not hold a temporary or bridging visa.
Demonstrating Substantial Ties to Australia
If you cannot meet the two-year residence requirement, you may still qualify for an RRV by demonstrating substantial ties, such as:
- Business Ties: Owning or managing a business in Australia.
- Employment Ties: Holding employment or a job offer in Australia.
- Personal Ties: Having close family members and friends in Australia or owning property.
- Cultural Ties: Actively participating in community activities or organisations.
Case study: Timo, an Australian permanent resident, has spent much of the past five years in Finland and had only six months of physical presence in Australia during that time. He successfully obtained a 1-year RRV by demonstrating substantial business, personal, and cultural ties, including operating a business in Australia, owning property, having immediate family in the country, and actively participating in an Australian orchestra.
Absence over five years: Compelling and Compassionate Reasons
If you have been absent from Australia for more than five years, you must provide compelling reasons for your extended absence. These reasons may include health issues, family obligations, or work commitments.
Case study: Augustus, an Australian permanent resident, lived in Latvia for 10 years due to a rare illness he contracted while overseas. He successfully obtained an RRV by providing medical evidence and demonstrating strong ties to Australia, including owning property, maintaining family connections, and continuing charitable work for Australian organisations.
Conclusion
On the surface, RRVs might appear straightforward, but it is important to understand the eligibility criteria to ensure a successful application and maintain permanent residency status.
Need assistance?
At MSM Legal, we have the knowledge and expertise to guide you through the RRV application process with ease. If you need assistance or have questions about your eligibility, contact us today for expert advice.
Note: The information provided in this article is meant for general informational purposes only and should not be interpreted as legal advice. Although we strive to provide accurate and useful information, the nuances of Australian immigration law demand personalised advice from legal professionals. Given the dynamic nature of migration regulations, it is essential to consult with experienced immigration experts for up-to-date insights tailored to your individual circumstances. We strongly advise seeking professional guidance to navigate the complexities of Australian immigration law effectively and to achieve the most favourable outcomes for your immigration journey.