Renewing Permanent Residency – 155 & 157 Resident Return Visas

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Is your Australian permanent residency visa about to expire? Or has it expired already? Do you need to apply for a visa in order to travel overseas and return to Australia? You may be able to apply for a Subclass 155 Resident Return visa (link to online 155 visa application form).

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International travel with permanent residency visas

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Generally speaking, once you are granted an Australian permanent residency visa, this visa will allow you to travel in and out of Australia for a period of 5 years from the date of grant. This is referred to as your ‘international travel facility’. This does not mean that you are only allowed to lawfully remain in Australia for 5 years. As a permanent resident, you are allowed to lawfully remain in Australia indefinitely As a permanent resident, you are allowed to lawfully remain in Australia indefinitely as a permanent resident as long as you arrive in Australia before your current permanent residency visa expires.

However, the travel facility on your permanent residency visa does expire after 5 years from when you are granted permanent residency. If you want to travel overseas after your travel facility has expired, then you will need obtain a Subclass 155 Resident Return Visa (“RRV”) (assuming that you have not obtained Australian citizenship in the meantime).

Depending on your situation, if you are granted a RRV, it will either be valid for 5 years or 1 year (although there is also a Subclass 157 Resident Return Visa which is valid for 3 months – see explanation below).

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Main eligibility requirements for 155 visa

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The key eligibility requirements for the Subclass 155 and 157 Resident Return visas are outlined below:

  • 155 visa which is valid for 5 years – in the last 5 years that precedes the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5. You must satisfy this requirement to obtain a 155 RRV that is valid for 5 years
  • 155 visa which is valid for 1 year – you have been in Australia for at least 1 day in the last 5 years as the holder of a permanent residency visa and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia (explained below)
  • 155 visa which is valid for 1 year – since the grant of your permanent residency visa, you have been absent from Australia for a period of 5 years of more, there are compelling reasons for your absence (explained below) and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia
  • 157 visa which is valid for 3 months – you have been in Australia for at least 1 day in the last 5 years as the holder of a permanent residency visa and ‘compelling and compassionate reasons’ that caused your last departure from Australia OR if you are in Australia and need to travel, you can show a compelling and compassionate reason for having to leave Australia

 

Mandatory requirement for all Resident Return visa applicants

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In order to apply for a RRV, you must be either:

  1. An Australian permanent resident (i.e. hold a permanent residency visa)
  2. A former Australian citizen who has lost or renounced Australian citizenship
  3. A former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled

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Resident Return visa – valid for 5 years

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You must satisfy this requirement to obtain a Subclass 155 Resident Return visa that is valid for 5 years – in the last 5 years that precedes the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5.

Two years is defined as 730 days in total. You do not have to complete two consecutive years of residence in Australia. You can accumulate the required two years over the 5 year period that precedes the lodgement of your application.

You can only count the time that you have spent in Australia as a permanent resident or Australian citizen (i.e. you cannot count any time that you held a temporary visa or a bridging visa towards the 2 years). You can count both your date of arrival and departure from Australia, assuming that these dates are different days.

You must satisfy the above requirement in order to obtain a Subclass 155 Resident Return visa that is valid for 5 years. There are no exemptions that will get you around satisfying this requirement. You may be able to obtain a RRV with 1 year of international travel facility if you cannot satisfy this requirement.

Perhaps it is easier to explain this requirement with an example: the international travel facility of your current permanent residency visa is about to expire on 30 January 2014. You decide to be safe and apply for an RRV on 1 January 2014. The relevant five year period that precedes the lodgement of the application is from 1 January 2009 to 1 January 2014. During that period, have you spent at least 730 days in Australia as the holder of a permanent residency visa? If so, then you can apply for an RRV with 5 years of international travel facility.

If you do satisfy this requirement, then you can apply for your RRV online. You can lodge your application while you are inside of Australia, or outside of Australia. The process should be pretty straight forward, and the Department should be able to grant the visa within days or weeks of lodgement.

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Resident Return visa – valid for 1 year

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If you have been in Australia for less than 2 years in the 5 year period that precedes the lodgement of your application, then you may be able to obtain a RRV with 1 year of international travel facility if you meet the below eligibility requirements:

  1. You have been physically present in Australia, however you have been in Australia for less than 2 years during the 5 year period that precedes the lodgement of your application
  2. You have not been absent from Australia for a continuous period of 5 years or more since the grant of your permanent residency visa
  3. You currently hold an Australian permanent residency visa or last departed Australia as an Australian permanent resident or last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship OR You were an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and you have not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that you last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.
  4. You have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia

If you need to show substantial ties to Australia, then you need to submit evidence to demonstrate this.

If you do not meet the second requirement because you have been absent from Australia for a continuous period of 5 years or more since the grant of your permanent residency visa, then you will need to demonstrate ‘compelling reasons’ for your absence (further explanation below).

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Substantial ties requirement

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You can show substantial ties by having business, cultural, employment and/or personal ties.

The Department’s policy does recognise that the longer that you have been away from Australia, the more difficult it may be for you to establish ‘substantial ties’.

Extract from the Department’s policy: In general, it becomes increasingly difficult to demonstrate substantial ties of benefit over extended periods of absence. This is in part because the longer the period of absence the more difficult it is to continue to maintain ties of sufficient import to be considered ‘substantial’.

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Employment ties

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If you have an employment opportunity in Australia, then you may be able to establish ‘substantial ties’ on this basis. The nature of the work is a relevant consideration (i.e. is it permanent, temporary or contract? Is it full-time, part-time or casual?). Policy states that ‘casual work would not normally be considered to be a substantial tie unless the applicant had been living in Australia for a significant period in the last 2 years’.

The Department can consider the following in assessing whether your employment ties is of benefit to Australia:

  1. Whether the role aligns with your qualifications and experience
  2. Whether the role is due to commence immediately
  3. Whether you can demonstrate an intention to stay in Australia for the long term by providing evidence such as a lease agreement, or enrolling your children in school

The Department will also need to consider the ‘genuineness’ of your claim of employment ties (to stop people from forming fraudulent employment ties in order to apply for a RRV).

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Personal ties

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The Department’s policy in relation to substantial personal ties: Substantial personal ties may be of benefit to Australia in the sense that the applicant is, or has been, a participating member of the Australian community and economy, and that their ties enrich the lives of individual Australian residents and citizens.

Policy also states that allowing you to live with your family can be considered to be of benefit to Australia if there is evidence that you and your family have imminent plans to live in Australia permanently. The following examples are given:

  1. If your partner is an Australian citizen and you’re living with your partner outside of Australia. Policy states that this situation ‘should be given considerable weight’
  2. If you’re living overseas with your family and your family includes children (or a child) who are under 18 and are Australian citizens, and you provide evidence to show that you have immediate plans to return to Australia. Policy states that ‘this tie should be given considerable weight’
  3. If you are an Australian citizen and your child is an Australian permanent resident and you need to apply for a RRV for your child. If your child is living outside of Australia with you, policy states this situation ‘should be given considerable weight’ in establishing substantial ties for your child’s RRV application

Other basis for personal ties that are mentioned in The Department’s policy include:

  1. If you have a history of long term residence in Australia prior to the last 5 years, particularly if you have spent your formative years in Australia or has spent a significant amount of time in Australia since first being granted a permanent visa. The longer that you’ve been in Australia since you were granted permanent residency, the more weight is placed on this factor
  2. Personal assets in Australia such as a family home or single investment property. However, whether this personal tie is of benefit to Australia is dependent on whether it is occupied, for example, by a close family member or actively being rented
  3. Having close family members who are Australian citizens or permanent residents and these family members have substantial residence in Australia (I assume that The Department’s policy means that your family members have been living in Australia for a substantial period of time)

With personal ties, if you can show an intention to make Australia your home and you intend to reside here permanently, then you should include evidence that demonstrates this.

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Business ties

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Under The Department’s policy, the applicant needs to ‘to have substantial ownership interests in a business and be involved in the management of the business, however they do not need to have physical residence in Australia. This business should be an Australian business or a branch of a business which has connections with Australia’.

When The Department assesses whether your business ties are of benefit to Australia, your case officer can consider the following (and of course, you’ll need to provide supporting evidence):

  • Your business has led to the creation of employment opportunities in Australia, or for Australian citizens or permanent residents outside of Australia
  • Whether your business generates revenue in or for Australia
  • Size of the business
  • Whether your business enhances links with other countries
  • Whether your business has resulted in the transfer of Australian knowledge and/or technologies offshore and/or evidence of introducing new technologies into Australia.

The above list of considerations is not an exhaustive list. If you have business ties to Australia (i.e. you have substantial ownership interests in a business), then you should have a think about the benefits and relationships that your business is delivering to Australia and Australians, and whether you can evidence these benefits and relationships.

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Cultural ties

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Below is The Department’s policy extract in relation to what constitutes cultural ties:

A substantial cultural tie of benefit to Australia may exist if the applicant’s cultural pursuits are conducted at a professional level or with a degree of public recognition. Some examples of persons who may have substantial cultural ties include, but are not limited to:

  • A person who is accepted as a member of a cultural community within Australia who is actively involved in traditional activities
  • A person involved in the Arts at a professional level
  • Members of religious communities in Australia or
  • Sports persons or professional support staff who are members of Australian sporting associations.

Evidence to support a claim of cultural ties of benefit to Australia may include:

  • Publications
  • Contracts
  • Evidence of membership of cultural associations
  • Newspaper articles
  • Programs from concerts, etc.

As a general observation it is likely that the reasons claimed as cultural ties would be consistent with the basis for the grant of their original permanent visa.

We are sorry but if you leave a comment listing all our connections and ask whether your connections are sufficient, we will not be able to provide you with an answer. We cannot provide you with definite advice as unless we have completed an assessment. We need to have a thorough understanding of all your connections with Australia before we can provide you with definite and useful advice.

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Compelling reasons for absence from Australia

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If you have been absent from Australia for a continuous period of 5 years or more since the grant of your permanent residency visa, then you will need to demonstrate ‘compelling reasons’ for your absence.

The Department’s policy guidelines do provide examples in relation to what may constitute ‘compelling reasons’. Examples include severe illness or death of an overseas family member or been caught up in a natural disaster, political uprising or other similar event. It is not always easy to demonstrate compelling reasons. And generally speaking, ‘every day’ reason for not being in Australia such as work or study commitments are not considered to be ‘compelling’.

Satisfying your case officer that there are ‘compelling reasons’ for your absence can be difficult, and whether your case officer accepts your reasons is discretionary. So if you want to retain the right to travel in and out of Australia as a permanent resident, then we would strongly suggest that you try and avoid this situation where you are absent from Australia for a continuous period of 5 years or more since the grant of your permanent residency visa.

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Subclass 157 – 3 month Resident Return visa

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If you cannot obtain a 155 visa, you may be able to apply for the Subclass 157 Resident Return visa. Specifically, if you do not have any substantial ties with Australia, you may still be able to apply for the 157 visa because you do not need to demonstrate substantial ties with Australia for this visa.

If you are granted this visa, then it is valid for a period of 3 months. This is a permanent residency visa, and you will be allowed to remain in Australia indefinitely if you return to Australia as the holder of this visa.

In order to obtain this visa, you need to demonstrate that:

  1. In the 5 year period that precedes the lodgement of the application, you have been lawfully present in Australia for at least 1 day as an Australian permanent resident or citizen (you cannot rely on time spent in Australia under a temporary or bridging visa in order to satisfy this requirement)
  2. There are ‘compelling and compassionate reasons’ that caused your last departure from Australia OR if you are in Australia and need to travel, you can show a compelling and compassionate reason for having to leave Australia

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How we can help

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Please Contact Us if you require our assistance.

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  • the excellence of our work
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  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
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Frequently asked questions

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  1. Q: Can I apply for the RRV even though my permanent residency visa has expired?
    A: As explained above, you can still meet the eligibility requirements for a RRV even if your permanent residency visa has expired
  2. Q: Do I need to be in Australia at the time of lodgement?
    A: Generally speaking, no
  3. Q: Should I apply for a RRV before my current permanent residency visa expires?
    A: You can if you want. If it is granted, then the new RRV will replace whatever substantive visa that you were holding
  4. Q: Is there any limit on the number of RRV that I can be granted?
    A: No
  5. Q: If my application is refused, can I apply again?
    A: Yes, but the result may be the same unless you change your application in some way
  6. Q: If I outline my reasons for being away from Australia, can you confirm whether these will be sufficient for ‘compelling reasons for absence’?
    A: See above response

 

* Subject to completion of assessment, and confirmation that we can assist with the application.

140 thoughts on “Renewing Permanent Residency – 155 & 157 Resident Return Visas

  1. Karim

    Hi

    Just need a quick clarification. If my PR expires but children have Australian Nationality as they were born in Australia while i had PR. Further, i am short of minimum of 730 days in last 5 years, can i get RRV for 5 years with International Travel ? Will this be considered as “substantial” ties with Australia ?

    Reply
    1. Peng Cheng Post author

      Hi Karim,
      You won’t satisfy the requirements for the 5 year visa – see above requirements.
      You may be able to apply for a 1 year RRV.
      PC

      Reply
  2. Emily

    Hi,

    My dad is given a one year RR visa. Can you please advise the length of stay requirements for this visa? Also what must he do to be given the 5 years RR visa again?

    Reply
    1. Peng Cheng Post author

      Hi Emily,
      Please see above post:
      The key eligibility requirements for the Subclass 155 and 157 Resident Return visas are outlined below:
      155 visa which is valid for 5 years – in the last 5 years that precedes the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5. You must satisfy this requirement to obtain a 155 RRV that is valid for 5 years
      155 visa which is valid for 1 year – you have been in Australia for at least 1 day in the last 5 years as the holder of a permanent residency visa and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia (explained below)
      155 visa which is valid for 1 year – since the grant of your permanent residency visa, you have been absent from Australia for a period of 5 years of more, there are compelling reasons for your absence (explained below) and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia
      157 visa which is valid for 3 months – you have been in Australia for at least 1 day in the last 5 years as the holder of a permanent residency visa and ‘compelling and compassionate reasons’ that caused your last departure from Australia OR if you are in Australia and need to travel, you can show a compelling and compassionate reason for having to leave Australia
      PC

      Reply
  3. Yolanda Azuela

    Hi Peng,

    My PR visa label has expired on September 2016. I would like to apply for an RRV on the 17 January but my passport will expire on 27 January 2017. Will I be approved with my RRV even if my passport is near expiry?

    I wanted to get a RRV as soon as possible because I think I will need this as one of the requirements to sponsor my husband for his Partner Visa application.

    Getting a new passport will take me around 2 to 3 months because I will need to fly from Perth to Sydney just to apply for a new passport and processing time is 2 months or more as they say. Once I get the passport I will just update the immigration about the details. Would this be possible?

    Many thanks,

    Yolanda

    Reply
    1. Peng Cheng Post author

      Hi Yolanda,
      You should be able to apply as long as you have a valid passport.
      You can complete and send Form 929 to the Department when you get a new passport.
      PC

      Reply
  4. JINWOOK PARK

    Hi there!
    Me and wife are having (885) PR, and will expire 12/07/17. We live in Australia.
    We are planning to travel oversea around june, definitely I will come back before visa expiry date, but my wife planning to stay till end of july.
    So can we apply to renew for visa earlier? (Around april-may) or can she apply at oversea via online?
    And in my situation, can I apply to renew visa just few day before expiry date? Isn’t it too late?? And I believe I have no problem to enter to Australia(home) with just few day left visa? Because I am living here and definitely willing to renew visa.
    Thanks for reading long questions and have a good day.
    Jinwook park

    Reply
    1. Peng Cheng Post author

      Hi Jinwook,
      You can lodge your new RRV applications at any time – see above post for requirements.
      PC

      Reply
  5. Pete

    Thanks for the post.
    My wife’s PR has expired and we are now living in her home country (Canada). We are heading back for a 3 week visit. She can simply enter on a tourist visa right? There’s no requirement for her to obtain a RRV? One day we will move back there but just a visit this time.
    thanks,

    Reply
  6. Kleist

    Hi Peng,
    Just wondering if I apply for 1-year RRV will that resetting my previous stay for 2/5 year requirement?

    in my case, I only need another 3 months to fulfill my 2/5 but I need to go overseas for a couple of weeks.
    so if the 1-year visa is granted and I leave for 2 weeks, come back and stay for another 3 months or more, when I re-apply ( in 2017/2018) will I be able to apply for the 5-year visa one by counting back to my stay since 2012/2013?

    or the 2 years stay requirement will re-started from when the 1-year RRV is granted( i.e I have to stay for 2 years from 2017)?

    Thank You,
    Kleist

    Reply
    1. Peng Cheng Post author

      Hi Kleist,
      You can lodge a new visa application to get the longer 5 years visa when you satisfy the relevant requirements – there is no reset after the grant of a RRV.
      PC

      Reply
  7. Ali

    Hi Peng,
    I, along with my wife and daughter were granted a 189 Visa in 2014 valid till 2019.
    I have recently renewed passports for my wife and daughter.
    Please advise how I can update / transfer their existing PR on their New Passports.

    Sincerely,
    Ali

    Reply
  8. Gam Thi Hong Ngo

    Hi Peng,

    My 5 years permanent resident visa will expire in 4 days which I forgot about that. Today my family in Vietnam call me that I have to go there straight away for an urgent situation, so I have to fly out of Australia in a couple of days and will return to Australia 10 days after. Please let me know if it is possible for me to renew my visa in that sorted of time before travel?
    Many Thanks and hope to hear from you very soon.
    Gam Ngo

    Reply
    1. Peng Cheng Post author

      Hi Gam,
      If you satisfy the following, then the Department should be able to grant you a new RRV in 1-3 business days: 155 visa which is valid for 5 years – in the last 5 years that precedes the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5. You must satisfy this requirement to obtain a 155 RRV that is valid for 5 years​
      PC

      Reply
  9. Jean

    Hi PC,

    This is a very informative forum and posting. I’d be very grateful if you could offer your opinion on my situation described here (in particular point no. 3):

    1) Spouse and myself were both granted PR in April 2012 while living in Europe. In the last 5 years we have been once in Australia for 3 weeks in early 2013

    2) Dependent child was born outside Australia at the end of 2013. Child doesn’t have any Australian visa yet.

    3) All of us currently living in Europe. Planning to apply for the 1 year RRV before the PR visa expire in April 2017. For our child, we have to first apply for a child PR visa 101 before applying for child’s RRV? Or, if child’s PR is granted, will it be valid for 5 years, i.e. beyond April 2017? Or, do we apply for a child’s PR and RRV at the same time?

    Thanks in advance.

    Regards

    Reply
    1. Peng Cheng Post author

      Hi Jean,
      Yes you would firstly need to apply for a child permanent residency 101 visa first, which wiuld be valid for 5 years if this is approved.
      PC

      Reply
  10. MICHELLE

    Hi I got my Permament Visa on August 2010 and it is already expired last year. I got plans of going overseas. Is everything would be fine for me? is there any hassle on my current situation and will i be approve on my application. We will be leaving on March 2017.

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      Please see above post: 155 visa which is valid for 5 years – in the last 5 years that precedes the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5. You must satisfy this requirement to obtain a 155 RRV that is valid for 5 years

      You can lodge a 155 visa application after your current international travel facility has expired.
      PC

      Reply
  11. Shaun

    Hi Peng,

    Thanks for all your informative information, just a couple of questions.

    My wife’s Passport will expire before returning to Australia on her PR 155 VISA. She will renew her passport BUT can she hold an expired passport with the attached VISA still current & enter Australia on her new passport, the VISA will expire 2/3 weeks after her return but we’ll renew this in Australia. Or should she renew her passport & apply for the PR 155 VISA aboard (Australian Consulate)

    Any assistance would be GREATLY appreciated.

    Thanks Kindly

    Shaun

    Reply
  12. Jen

    Dear Peng

    I was granted permanent resident in 2007, because of business commitment in overseas I had not met the 2/5 years condition , therefore when I decided to return to Australia in 2015, I applied RRV and since then have been given 1 year RRV visa, the trouble is every year I have pay to renew RRV, can I apply for 5 year RRV instead of 1 year ? if not, when can I start applying for 5 years RRV ?
    if my RRV expired while I am in overseas, can I still be able to apply RRV online or at Australia embassy in overseas ?
    If my RRV expired more than 5 months while I am in overseas, can I still able to get back my RRV from online application ?
    Thanks very much for your advice.

    Jen

    Reply
    1. Peng Cheng Post author

      Hi Jen,
      Please see above post: 155 visa which is valid for 5 years – in the last 5 years that precedes the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5. You must satisfy this requirement to obtain a 155 RRV that is valid for 5 years
      PC

      Reply
  13. Catherine

    Hi Peng,

    I have a PR Visa that will expire on 12th July 2017. By the time it expires in July, I will only have accrued 720 days in the country over the past 5 years (10 days short for the 5 year RRV). I am currently living and working full time in Australia and intended to stay here, however, I have a friends wedding to attend in December this year.

    My question is, do I have to apply for the RRV before the 12th July (in which case I will only get the 1 year travel facility) or can I apply later in the year (for example November) before I want to travel – as by this time I will have the full 2 year requirement.

    In theory, would I be able to apply even on the 22nd July as this is when I would have exactly 730 days spent in the country?

    Kind regards,
    Catherine

    Reply
    1. Peng Cheng Post author

      Hi Catherine,
      Yes you can lodge a new RRV application after your current travel facility expires.
      PC

      Reply
  14. Aruna

    Hi,

    I am a subclass 189 PR holder from June 2014 and been in Australia for a week as of now. If I need to get RRV after 2019 , should I need to be there for two years ? How is this two years tenure calculated ? Say I start living in Australia from June 2017 but travel to other countries on a vacation of 3 months twice between 2017 and 2019 , will I not be eligible for RRV of 5 years ? Please help .

    Thanks,
    Aruna

    Reply
    1. Peng Cheng Post author

      Hi Aruna,
      You can count all days in Australia as a permanent residency visa holder – you can accumulate the required 2 years over time with breaks for international travel.
      PC

      Reply
  15. Levina

    Hi peng,

    Thanks for the website.

    I have actually granted a skilled permanent residence visa on 2007 which i stayed 2 years out of 5 years and have been granted rrv for 5 years which will be expired on may 2017. My question is :
    1. If i arrived before may 2017, and planning to have my baby in australia? Am i still a permanent residence?

    2. Will my baby granted a citizenship if i delivered the baby on august 2017 and didn’t apply extended rrv after may 2017?

    Thanks.

    Levina

    Reply
    1. Peng Cheng Post author

      Hi Levina,
      1. Yes you can remain here indefinitely as a PR visa holder as long as you return before your current visa expires.
      2. Yes a child born to a PR visa holder in Australia can apply for citizenship.
      PC

      Reply
  16. Michael

    Hi Peng,

    I’m an Australian Permanent Resident and I have lived here for 4 months. As I have been employed on a permanent basis and my employer has just requested by my employer to go on a business trip to China in late Feb. If I apply for RRV now do you think it’s too early because I might only get a 3 months RRV and so it won’t cover my trip.

    Besides, I don’t see anywhere applying via immi account that I can attach relevant documents for example a company letter, pay slips and so to establish my strong ties to Australia. I filled in details and I was already led to the payment page. Should I better off apply via mail instead?

    My situation is that I had a very long absence from Australia before I returned just prior to my RRV expiry but since then I have been staying here (for roughly 4.5 months now) and I’m employed on a permanent basis. It will be beneficial to have a one year RRV because we have plans to travel to china manufacturers every 3 months.

    Many thanks Peng and hope that you can give me some advices.

    Reply
    1. Peng Cheng Post author

      Hi Michael,
      The Immiaccount allows you to upload documents to demonstrate your ties after you pay and lodge your visa application.
      PC

      Reply
      1. Michael

        Thanks Peng.

        How likely that I can get RRV for my business trip? I know that I had a long absence in the past so my new history of stay here in Australia so far has only been 4.5 months.

        Reply
  17. Kevin

    Hi PC,

    The comment responses from various people above has been very informational and although some of the cases are almost similar to mine, but I thought I need to ask just to be certain.

    Here is my case: Me and my spouse visa (VE 176) will expire March 2017. My wife came to Australia last year and fortunately she got employed full time. She will continue to stay here until 730 days (or more until it is necessary to travel) is fulfilled before applying for a 5 years RRV, let’s say in September 2017. This is straightforward and I am clear.

    For myself, I have been here for approximately 150 days; wasn’t able to get any sort of employment and will be returning to my home country soon. So, my question is:
    1. Do I apply for my RRV offshore in September 2017 after my spouse is granted 5 years RRV onshore?
    2. Do I apply for RRV right before I depart?
    3. My spouse as my only personal ties to Australia, typically if it’s a sufficient reason.

    Hope to hear from you soon and thank you.

    Yours sincerely,
    Kevin

    Reply
    1. Peng Cheng Post author

      Hi Kevin,
      The Department would grant you a 1 year RRV if they grant your wife a 5 year RRV, and your relationship is continuing at the time that you apply.
      Your family relationship would be sufficient for the 1 year visa.
      PC

      Reply
  18. Moos

    Dear Peng

    I am bit confused with all of these answers. Let me explain my case probably you can give me a straightforward answer:

    1- Granted a spouse and family VISA subclass Visa100 in July 2011
    2- Landed in Australia on October 2011 and stayed for one week only and went back to work oversees
    3- Came again for a visit in Jul 2013 for three weeks
    4- Just came back a week ago and staying till June 2nd 2016
    5- My wife and our three kids are Australian citizens
    6- We are not planning to move to Australia till may be 2018

    My question: If you were in my shoes.
    1- Shall I apply for one year RRV before it expires in July and keep renewing it every year to maintain my entry flexible to Australia (knowing I don’t have a close personal ties to Australia except my wife and kids who lives with me abroad), OR
    2- Shall I leave the PR expires and then when we decide to move in 2018 I will send my family first to settle down for few months and then apply for one year RRV to join my family?

    I would appreciate your respond:

    BR

    Reply
    1. Peng Cheng Post author

      Hi BR,
      I think that you should satisfy the requirements for the 1 year visa on the basis of your Australian family.
      Up to yourself to decide whether you want to apply for and maintain a RRV every year.
      PC

      Reply
  19. Fernando

    Hi Peng !

    I became a permanent resident of Australia in December 2002 and lived in Australia continuously until October 2010. In Oct 2010, I left Australia to live in Sri Lanka. I visited Australia in 2013 for 2 weeks and in 2015 for 3 weeks. My PR visa is still valid and my RRV will expire in March 2018. Will I have a chance in applying for a 5 year RRV then?

    My son is a citizen of Australia, however he is living with me in SL.

    Will greatly appreciate your advice.
    Thank you,
    Fernando

    Reply
    1. Peng Cheng Post author

      Hi Fernando,
      Please see above post:
      155 visa which is valid for 5 years – in the last 5 years that precedes the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5. You must satisfy this requirement to obtain a 155 RRV that is valid for 5 years
      155 visa which is valid for 1 year – you have been in Australia for at least 1 day in the last 5 years as the holder of a permanent residency visa and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia (explained below)
      155 visa which is valid for 1 year – since the grant of your permanent residency visa, you have been absent from Australia for a period of 5 years of more, there are compelling reasons for your absence (explained below) and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia
      PC

      Reply
  20. Lodewijk

    Hi PC,
    Thanks for your forum – extremely helpful!
    Just wanted to check if I understand things correctly for our situation.
    We have been granted PR in March 2015.
    We’re planning to leave the country in June 2016 for a number of years.
    Is the following correct:
    – If we return to Australia within 5 years of the PR being granted, so March 2020, we can re-enter the country on our original PR?
    – If we return within 5 years of leaving, so by June 2021, we can apply for a 1-year RRV?
    – We can renew the 1-year RRV twice and after that apply for a 5-year RRV when we’ve been in the country for two years?
    – If we return after more than 5-years absence, we would need to apply for a different visa (e.g. 457)?
    Thank you,
    Lodewijk

    Reply
    1. Peng Cheng Post author

      Hi Lodewijk,
      – If we return to Australia within 5 years of the PR being granted, so March 2020, we can re-enter the country on our original PR? PR visa holders can return to Australia and return here indefinitely as long as they return on a valid visa.
      – If we return within 5 years of leaving, so by June 2021, we can apply for a 1-year RRV? You can – you need to satisfy the relevant visa requirements (see above).
      – We can renew the 1-year RRV twice and after that apply for a 5-year RRV when we’ve been in the country for two years? You can – you need to satisfy the relevant visa requirements (see above).
      – If we return after more than 5-years absence, we would need to apply for a different visa (e.g. 457)? You can – you need to satisfy the relevant visa requirements.
      PC

      Reply
  21. Vivien

    Hi Peng

    Thank you for your effort and time.

    My 176 visa will expire in April 2017. I am the main applicant. Most likely, I will have only 1 out of 5 years when it expires.
    1) Will I be granted a RRV for 1 year ?
    2) My daughter, who is a secondary applicant, is studying in Australia. She is able to clock 2 out of 5 years. Will her RRV be granted for 5 years ?
    3) My son, also a secondary applicant, is not able to meet the 2 out of 5 years because of national service and studies. He can only start Uni in Australia after April 2017. Is he able to get a RRV for 5 years ?

    Once again, thank you very much.

    Kind regards
    Vivien

    Reply
    1. Peng Cheng Post author

      Hi Vivien,
      1. Probably if you have a daughter living in Australia.
      2. Yes if she satisfies the 2/5 year requirement.
      3. No – applicant must satisfy 2/5 year requirement for 5 year visa. Department may grant a 1 year RRV.
      PC

      Reply
  22. Rochelle johnsen

    Hi,

    I am the holder of a 155 that expires in April 2016. My wife and two minor children are Australian citizens. We intend to return permanently to live in Australia next June. I have held two five year visas in the past ten years but have not managed the two year continuous residency due to overseas work commitments. We have been in Australia numerous times from between 6 weeks to five months each. We have property in Australia that is currently rented and bank accounts. My children cannot enroll in school until we return to Australia, so we have no proof of that. I have a valid Australian driver license and Australian superannuation from previous occupation in Australia (prior to the ten years). We will also find employment when we return.
    How much documentation do the department require? If my family had to return to Australia without me, this would definitely not be a benefit for Australia (demonstrate substantial ties of benefit to Australia).
    Am I likely to get a 1 year RRV? Can I apply now – thinking of cost of flights from Europe if we leave it to next year just before the current visa expires. Of course, if i were to be refused then I would need to travel back before my current visa expires in April which is not ideal. Once again, cost of tickets if I wait!
    My current valid visa would not be cancelled if a new visa was refused, would it?

    Appreciate your insight.
    Rochelle

    Reply
    1. Peng Cheng Post author

      Hi Rochelle,
      Living with your Australian citizen child and wife overseas should be sufficient to satisfy the substantial ties requirement.
      You can submit the following to demonstrate your ties:
      • Marriage certificate
      • Daughter’s birth certificate
      • Evidence that you are living together overseas, such as lease, bank statement address under your name and address etc
      PC

      Reply
  23. Sarah

    Hello Mr Cheng,

    Thanks for your informative website. I’m currently holding a 5 year RRV visa since June 2013 and have been living overseas since Feb 2014. My baby is due in November 2015 and am planning to give birth overseas and return to australia in June 2016. Can my baby apply for Australian citizenship when we return to Australia next year? I sincerely appreciate your time and assistance. Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Sarah,
      If the child is born in Australia, then he or she is automatically entitled to Australian citizenship if you hold a current PR visa. Otherwise, your child would need to apply for a permanent residency visa and then citizenship after satisfying the relevant requirements for citizenship.
      PC

      Reply
  24. Annie Lionel

    Peng Cheng Hi,

    I was granted PR 29/4/2013. Since then I made 2 trips back to Malaysia as my children are living there. I am planning to visit them and also to attend 2 weddings (1 is a nephews wedding) again this year Nov and return Feb 2016 together with my husband who is an citizen here.
    Since I need to stay in Australia for 2 years period,
    1) can I visit my children again the following year?
    2) if I want to apply for citizenship, when and how much are the charges?
    3) what happens after the 5-year period?
    Thank you so much for this forum.

    Annie

    Reply
    1. Peng Cheng Post author

      Hi Annie,
      1. Yes you can leave and re-entry as long as you have a valid visa.
      2. Residency requirement for citizenship – If you became a permanent resident on or after 1 July 2007 the residence requirement is:
      You must have been living in Australia on a valid Australian visa for 4 years immediately before applying, including 1 year as a permanent resident, and
      You must not have been absent from Australia for more than 1 year during the 4 year period, including no more than 90 days in the year immediately before applying.
      3. You can may be apply for a 155 visa if you haven’t obtained citizenship – eligibility requirements are outlined in the above post.
      PC

      Reply
  25. widi

    Hi Peng,

    Thanks for the very informative website, it help alot.
    However, there is some questions that I am seeking your advise since I can not find a satisfactory answer in my web search elsewhere.

    I’m Indonesian and My husband is Australian Citizen, got married last year.
    We both currently living and plan to live in Indonesia since we have business here, but we are thinking in applying a partner visa 309 offshore so I can travel to Australia and stay there if we decide to move back to Australia

    My Questions are :
    1. i understand that after i am granted the 309 visa (temporary), I can travel to Australia, stay for a few days and then travel back to Indonesia. Is that true ?

    2. i understand that our living overseas will not negatively affect the review for a permanent partner visa 100, and immigration will be able to review it within the usual 2 years. Is that true ?

    3. If after i am granted permanent partner Visa, I travel to Australia and then Travel out of the country and live outside the country, is it not going to cancell my Permanent Spouse Visa ?

    4.Is it true that After 5 years from the date of the Permanent Spouse Visa granted, the international travel is expired ? Do I need to apply for RRV ? Can I still live overseas with my husband and not losing my Permanent Spouse Visa ?

    5. Can I apply for RRV for the years after that n continue to live overseas?

    Thanks so much for your kind help,

    Retno

    Reply
    1. Peng Cheng Post author

      Hi Widi
      For the PR application, you need to demonstrate an intention to live in Australia on a permanent basis so where you can live impact the PR application.

      3. If after i am granted permanent partner Visa, I travel to Australia and then Travel out of the country and live outside the country, is it not going to cancell my Permanent Spouse Visa ? Living Australia doesn’t result in PR cancellation.

      4.Is it true that After 5 years from the date of the Permanent Spouse Visa granted, the international travel is expired ? Do I need to apply for RRV ? Can I still live overseas with my husband and not losing my Permanent Spouse Visa ? Yes the international travel facility does expire and you need to apply for a RRV.

      5. Can I apply for RRV for the years after that n continue to live overseas? Sure if you meet the requirements for the RRV

      PC

      Reply
  26. Victor

    Hi Peng

    I understand the 2/5 years stay requirement must be met for a 5 year RRV to be issued otherwise its a 1 year RRV. If I do not meet the 2 years stay during the 5 years of my sub class 175 PR Visa but meet the shortage after the 5th year, will my 1 year RRV be converted to a 5 year RRV? I appreciate your advise.

    Regards
    Victor

    Reply
    1. Peng Cheng Post author

      Hi Victor,
      You would need to apply when you meet the requirement for the 5 year RRV – there is no automatic conversion.
      PC

      Reply

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