Resident Return Visas
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.
Resident Return Visa (Subclasses 155 and 157)
FIVE YEAR RRV
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.
ONE YEAR RRV
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
THREE MONTH RRV
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.
Eligibility
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.
Passport
You must have a valid passport.
Character
You must meet the character requirements.
Limitations
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
What you can do?
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.
How the visas differ?
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.
Which visa you will get?
The visa you are granted depends on the information you provide in your application.
Subclass 155 visa
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).
Subclass 157 visa
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.
Application Process
Step 1: Gather Necessary Documents
- 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.
Step 2: Submit Your Application
- 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.
Step 3: Pay the Application Fee
- Ensure you pay the correct fee associated with your RRV application.
Step 4: Await Decision
- 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.
Frequently Asked Questions (FAQs)
How long is the RRV valid for?
Can I apply for an RRV if my permanent visa has expired?
What happens if my RRV application is denied?
What If you are outside Australia when you apply?
What if you are in Australia and your travel facility has or is about to expire?
You can apply for the visa outside Australia, but it must be granted before you enter Australia.
How long the visas last?
- 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.
How long the travel facility lasts?
- What to do when the travel facility ends.
- There is important information for New Zealand passport holders.
Can you include family members in your application?
What are your obligations?
How Emigrate Lawyers Can Help with Your RRV Visa?
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:
Our Services
Personalized Consultation
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.
Application Preparation
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.
Application Submission
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.
Follow-Up and Communication
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.
Why Choose Emigrate Lawyers?
Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling migration applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.
We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.
We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.
Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.