The Return Resident Visa or Resident Return Visas (RRV) is a visa that permanent residents in Australia can get after their "travel facility" has expired. What is travel facility?
Every permanent residence visa has a travel facility. Travel facility of permanent visas runs out after 5 years. While permanent visa holders can live in Australia indefinitely, they get a 5-year limit on their travel facility.
This means that you have a right to travel that expires after 5 years. After 5 years, you have to renew your right to travel. This is in the form of a return resident visa. If an Australian permanent resident is outside Australia and their travel facility has expired, they will need a return resident visa. People with temporary visa are not eligible for resident return visa.
There are two types of return resident visa. There is a Subclass 155 return resident visa, and a Subclass 157 return resident visa. While the subclass 155 visa offers a travel facility of up to 5 years from the date of grant, subclass 157 visa offers a travel facility of 3 months from the date of grant.
What Can You Do With a Return Resident Visa?
As a holder of a return resident visa, you can re-enter Australia if the travel facility of your permanent residency has expired. Essentially, an RRV is useful for those who plan to travel internationally after the expiration of the travel facility of their visa.
Moreover, some Australian permanent residents may remain outside Australia. If they have compelling reasons to stay out of Australia, they can apply for a return resident visa to come to Australia and maintain their permanent residency status. It is important to note that there is no limit to the number of RRVs that one can apply for.
Requirements and Conditions of a Return Resident Visa
Australian permanent residents who meet certain requirements can get the return resident visa. Applicants can make visa applications for RRV either from within Australia, or from overseas. Given below is a list of the most important requirements or resident return visa eligibility:
- Applicant is an Australian permanent resident, former Australian permanent resident or former Australian citizen,
- Valid passport,
- Applicant must have lived in Australia for at least 2 years in the last 5 years as a permanent resident,
- Demonstrate substantial ties with Australia, and prove that you were not absent for 5 continuous years since they got the PR.
Substantial ties include personal ties and family ties, employment ties, cultural ties, and business ties. To read more about this, read this article here.
Subclass 155 and Subclass 157
Depending on individual circumstances, the RRV visa applicable to you could vary in terms of its validity. Given below are some points that outline the differences between Subclass 155 and 157 in relation to the validity.
The Subclass 155 visa is a long-term visa, whereas Subclass 157 is a short-term visa. If you are an applicant who has lived in Australia as a permeant resident, has former Australian citizenship or former permanent residence for 2 years in the last 5 years, then you get a 5 year travel validity on the visa. This is if you meet the above-mentioned residence requirement.
On the other hand, if you have not met the residence requirement of living in Australia for 2 years in the last 5 years (as a permanent resident, former citizen or former permanent resident) then you you can get a subclass 157 RRV with a maximum travel validity of 12 months.
Moreover, if you meet the requirements only because you are a family member of a person who holds his visa, then you can get the 157 RRV for a maximum of 12 months travel validity.
Lastly, if you do not meet the residency requirements but you had compelling reasons to depart Australia, then you can get an RRV with up to 3 months travel validity.
Compelling and Compassionate Reasons for Absence
What qualifies as "compelling reasons?" Compelling reasons for absence can include severe illness or death of an overseas family member. It can also include certain work and study commitments of the applicant or their partner.
Compassionate reasons can also include if the applicant is living overseas in an ongoing relationship with a partner, or has minor children.
It is useful to write a statement or an explanation letter of compelling or compassionate reason for your absence as it helps in giving a background of your situation.
Seek Advice From Immigration Lawyers
You may be seeking a RRV to be able to enter Australia as a permanent resident again. While this is largely a straightforward process, depending on your individual circumstances, you might require further legal guidance to ensure you get a successful outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
