Resident Return Visa: Subclass 155 and 157
Many Australian permanent residents travel overseas for work, family, or personal reasons. However, staying outside Australia for a long period may affect the ability to return as a permanent resident. This is where the Resident Return Visa (Subclass 157 and 155) becomes important.
The Resident Return Visa allows former or current permanent residents to re-enter Australia as permanent residents. It protects their travel rights while maintaining their connection with Australia.
The Subclass 155 visa is generally granted to permanent residents who meet residence requirements or have strong ties to Australia. It usually provides a 5-year or 1-year travel facility, depending on eligibility.
The Subclass 157 visa, on the other hand, is a shorter-term travel facility usually granted in limited circumstances where the applicant does not meet the standard residence requirement but has compelling reasons to travel back to Australia. It is typically granted for a shorter period (up to 3 months).
Understanding how this visa works can help avoid serious immigration problems. In this guide, we explain eligibility, requirements, travel facility rules, and real-life examples.
What Is the Subclass 155 (Resident Return Visa)?
The Subclass 155 allows permanent residents and certain former residents to return to Australia. It restores the travel facility attached to permanent residency.
Permanent residency in Australia does not expire. However, the travel facility usually lasts five years. Once this travel facility expires, a permanent resident cannot return to Australia as a resident without a Resident Return Visa. The Resident Return Visa solves this problem. It allows eligible applicants to travel to and from Australia again.
For many migrants, this visa acts as a bridge between past residency and future life in Australia.
Why the Subclass 155 Is Important?
Many people assume their permanent residency expires after five years. In reality, the residency remains valid. Only the travel facility expires.
Without a valid travel facility, a permanent resident outside Australia may face serious difficulties returning.
The Resident Return Visa (RRV) helps in several situations:
- Returning to Australia after long travel
- Maintaining permanent resident status
- Visiting family in Australia
- Continuing work or business in Australia
- Protecting future citizenship pathways
Therefore, understanding this visa becomes essential for many migrants.
Basic Eligibility for the Subclass 155 (Resident Return Visa)
Applicants must meet certain requirements to obtain the Subclass 155 (Resident Return Visa).
Generally, applicants must:
- Be an Australian permanent resident, or
- Be a former permanent resident, or
- Be a former Australian citizen
In addition, applicants must show residence or substantial ties to Australia. The Department of Home Affairs evaluates each case carefully. Therefore, evidence becomes very important.
What is Subclass 157?
The Subclass 157 (Resident Return Visa – Provisional) is a short-term travel facility visa for current or former Australian permanent residents or former citizens who need to return to Australia but do not meet the standard residence requirements for a Subclass 155 visa. It is generally granted in exceptional or compelling circumstances and allows the holder to travel to and re-enter Australia as a permanent resident for a limited period, usually up to three months. This visa helps individuals maintain their ability to return to Australia while they work towards re-establishing stronger ties or meeting eligibility requirements for a longer-term Resident Return Visa.
Why is Subclass 157 Important?
The Subclass 157 (Resident Return Visa – Provisional) is important because it acts as a safety net for permanent residents who risk losing their ability to re-enter Australia.
If a permanent resident stays outside Australia for too long and does not meet the residency requirement for a Subclass 155 visa, their travel facility can expire. Without a valid Resident Return Visa, they may still be a permanent resident but cannot return to Australia as a PR.
This is where Subclass 157 becomes critical. It allows eligible individuals to regain entry into Australia for a short period, usually in urgent or compelling situations, such as work commitments, family emergencies, or unavoidable travel delays.
In simple terms, the Subclass 157 visa is important because it:
- Protects your ability to return to Australia in limited circumstances
- Helps avoid being stranded outside Australia without valid travel rights
- Provides time to re-establish eligibility for a longer Resident Return Visa (Subclass 155)
- Ensures continuity of your permanent residency status and travel rights
Without this visa option, many permanent residents could face serious disruption to their life, work, and family arrangements in Australia.
The Five-Year Residence Rule for Subclass 155
The simplest pathway to the Subclass 155 (Resident Return Visa) involves the two-year residence requirement.
If a permanent resident lived in Australia for at least two years in the last five years, they usually qualify.
These two years do not need to be continuous. They only need to total 730 days within the last five years.
If applicants meet this requirement, they normally receive a five-year travel facility.
This outcome is the most straightforward scenario.
When You Do Not Meet the Two-Year Requirement
Many applicants spend long periods overseas. They may fail to meet the residence requirement.
Fortunately, the Subclass 155 (Resident Return Visa) may still be possible.
Applicants must demonstrate substantial ties to Australia. These ties must benefit Australia in some way.
Examples include:
- Business ties
- Employment ties
- Cultural ties
- Personal ties
The Department assesses whether these ties remain strong and meaningful. However, applicants must provide strong evidence.
Understanding Substantial Ties to Australia
Substantial ties play a key role in many Subclass 155 (Resident Return Visa) applications.
The Department may consider several factors.
Business Ties
Business owners with operations linked to Australia may qualify. For example, a permanent resident may run a company that trades with Australian partners. Even if they live overseas temporarily, the connection remains significant.
Employment Ties
Some residents work overseas for Australian organisations.
This may include:
- International assignments
- Australian government projects
- Overseas branches of Australian companies
These connections may support a Resident Return Visa application.
Cultural Ties
Cultural contributions can also matter. Artists, academics, or community leaders may maintain strong cultural connections with Australia.
Personal Ties
Family members living in Australia often demonstrate personal ties. For example, spouses, children, or parents may reside in Australia. These relationships show a continuing connection to the country.
Real Example 1: Business Owner Living Overseas
Consider a permanent resident named Raj. Raj received Australian permanent residency in 2016. Later, he moved overseas to expand his business. Over time, he spent only six months in Australia.
However, his company supplied technology services to Australian clients. Raj applied for a Subclass 155 (Resident Return Visa) using business ties.
He provided:
- Company records
- Tax documents
- Contracts with Australian businesses
The Department accepted that Raj maintained strong business ties. As a result, he received a one-year Resident Return Visa. This allowed him to return and rebuild his residence in Australia.
Real Example 2: Family Ties Supporting a Resident Return Visa
Another example involves Maria.
Maria obtained permanent residency through a skilled visa. Later, she moved overseas to care for her parents. Her husband and children remained in Melbourne.
Maria spent several years outside Australia. Therefore, she did not meet the two-year residence rule. However, she demonstrated strong personal ties.
She provided evidence including:
- Marriage certificate
- Children’s school records
- Proof of family residence in Australia
The Department accepted her personal ties. Maria received a one-year Subclass 155 (Resident Return Visa). This allowed her to return to Australia and reunite with her family.
When a Short Travel Facility May Be Granted
In rare situations, applicants may receive a three-month Resident Return Visa. This occurs when the Department believes the applicant has compelling reasons to return temporarily. For example, someone may need to return to settle affairs or re-establish residence. This short visa allows entry while longer-term options are considered.
Practical Tips for Subclass 155 Applicants
Applicants should prepare carefully before lodging an application. Consider these important steps:
First, review travel history carefully.
Second, collect strong evidence of Australian connections.
Third, explain long absences clearly.
Finally, ensure all documents remain consistent.
Even small inconsistencies may cause delays. Even small inconsistencies may cause delays. For this reason, many applicants seek legal guidance before submitting a Subclass 155 (Resident Return Visa) application. Immigration lawyers can help review your circumstances, identify potential issues, and ensure your documents clearly demonstrate your ties to Australia. If you require assistance, consider contacting the experts at Emigrate Lawyers for tailored legal advice and support.
How Emigrate Lawyers Can Help With a Subclass 155 (Resident Return Visa)?
Applying for a Resident Return Visa may seem simple. However, many applicants face complications when they have spent long periods outside Australia. In such cases, the Department of Home Affairs carefully examines the applicant’s ties to Australia and overall circumstances.
At Emigrate Lawyers, our immigration lawyers provide strategic legal guidance to individuals seeking a Resident Return Visa. We help applicants understand their eligibility and prepare strong applications supported by clear evidence.
First, our team reviews your residency history and travel records. This step helps identify whether you meet the two-year residence requirement or must rely on substantial ties to Australia.
Next, we assist in collecting and organising supporting documents. These may include evidence of employment, business activities, property ownership, or family connections in Australia. Strong documentation can significantly improve the strength of a Resident Return Visa application.
In addition, we help prepare clear legal submissions explaining your ties to Australia and the reasons for extended absence. This explanation often plays a key role when applicants rely on business, cultural, employment, or personal ties.
FAQs
Q1. Who can apply for a Subclass 155 (Resident Return Visa)?
A- You may apply for a Subclass 155 if you are an Australian permanent resident, a former permanent resident, or a former Australian citizen. You must also show either sufficient residence in Australia or substantial ties to the country.
Q2. How long is the travel facility granted under the Subclass 155 (Resident Return Visa)?
A- The Subclass 155 (Resident Return Visa) may grant a travel facility for up to five years. However, if you rely on substantial ties instead of residence, the Department may grant a one-year travel facility.
Q3. Can I apply for a Subclass 155 (Resident Return Visa from outside Australia?
A- Yes, you can apply for a Subclass 155 (Resident Return Visa) from inside or outside Australia. However, many applicants apply from overseas when their travel facility has expired.
Q4. What happens if my Subclass 155 (Resident Return Visa) is refused?
A- If the Department refuses your Subclass 155, the decision may affect your ability to return to Australia as a permanent resident. In some cases, applicants may have review options depending on their circumstances.
Q5. Do I lose permanent residency if my travel facility expires?
No, permanent residency itself does not expire. Only the travel facility expires. The Subclass 155 allows permanent residents to regain the ability to travel to and from Australia.
Q6. What is Re-entry Permit Fee?
A re-entry permit fee is a fee paid to immigration authorities that allows a visa holder to leave a country and return during the validity period of their visa. Without this permit, leaving the country may invalidate the visa, meaning the individual might not be allowed to re-enter using the same visa. The typical fee is $60 USD for multiple re-entry, which allows several departures and returns, or $20 USD for a single re-entry, which permits only one return. This fee is paid once for the current visa period, not monthly, and if the visa is renewed or extended, the re-entry permit must be obtained again for the new visa period if the holder plans to travel abroad.
Final Thoughts
The Subclass 155 (Resident Return Visa) protects the travel rights of Australian permanent residents. It allows them to maintain their connection with Australia even after long absences. However, eligibility depends on residence history and strong ties to Australia.
Applicants who prepare clear evidence often achieve better outcomes. If you are outside Australia and your travel facility has expired, understanding your options becomes essential.
Seeking timely legal guidance can help you protect your permanent residency and return to Australia with confidence. If you need assistance, consider contacting the experts at Emigrate Lawyers. Our immigration lawyers can assess your circumstances, help prepare a strong application, and guide you through the legal process.
The sooner you seek advice, the more options you have. We are here to help !
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