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.

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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.

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

 

Professional assistance with Resident Return Visa

 

Whenever we receive any queries in relation to the Resident Return visa, we are always asked one or both of the following questions:

  1. Are my ties sufficient to satisfy the ‘substantial ties’ requirement?
  2. Are my reasons sufficient to satisfy the ‘compelling reasons for absence’ requirement?

Some cases are obvious where the applicant clearly has very strong ties with Australia. For example, if your partner is an Australian citizen and you have a few kids that are also Australian citizens, then we think that you will satisfy the ‘substantial ties’ requirement. If you have a permanent and full-time job offer in Australia, then this should also be sufficient to satisfy this requirement.

But if your connections to Australia are not as strong, then we will need to complete an assessment before we can provide you with advice. Our assessment fee in relation to the 155 and 157 visas is $250.00 (inclusive of GST). We will assess your circumstances and provide advice in relation to whether the ‘substantial ties’ and/or ‘compelling reasons for absence’ requirements are satisfied.

If we determine that the eligibility requirements are satisfied and you decide to proceed with the application with our assistance, then we will deduct the assessment fee from the final agreed professional fee that we will charge for assisting with the 155 or 157 visas application. Our total professional fee for assisting with a 155 or 157 visa is approximately $1,000 to $3,000, depending on the complexity of your application.

We guarantee the following when engaged to assisted with a Resident Return visa application:

  • Flat professional services fee – You don’t have to worry about hourly charges or for any disbursements (e.g. courier costs, photocopying fees, etc). So that you know exactly what you’re paying with no unexpected hidden charges or surprises.
  • Fee subject to visa approval – 50% of our total professional fee is only due after your visa is granted. This is subject to the completion of assessment and determination that service can be provided on under this term.

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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
  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.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • 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
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

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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

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

  1. STEVEN

    I obtained PR status end Nov 2011, and my PR expire Nov 2016 and I have not moved to aust yet. To be eligible for subclass RR 155, I need to stay 2 years in Aust. Do i need to stay continuously 2 years or can i travel out of australia provided the days in australia adds to 2 years?

    i am the primary applicant, and my spouse and children are secondary applicant. Does my family has to comply with the at least 2 year stay in aust in order to apply subclass 155 or just me alone? I intend to move first to aust to get a stable job and income before my wife and kids come along to australia. please advise?

    steven

    Reply
    1. Peng Cheng Post author

      Hi Steven,
      The 2 years can be cumulative. If your family members are current or former Australian permanent residents and they also do not meet the residency requirement, at best, they can only be granted an RRV with 1 year of travel facility (if you are eligible for a 155 visa).
      Thanks
      PC

      Reply
      1. Sumith Meegasdeniya

        Hi Peng,
        We are currently Australian permanent residents, but living in Dubai. Our PR expires in October 2014 and due to the current employment situation in Australia, we are thinking to apply for one year RRV while being in Dubai. We have been in Australian for couple of weeks during last 5 years and I have been maintaining a fixed deposite in a bank there for more than three years. Will this be considered to be a “substantial tie” to Australia and will I be successful in getting one year RRV. Your advise is highly appreciated.

        Reply
        1. Peng Cheng Post author

          Hi Sumith,
          I don’t think a few fixed deposits will be sufficient for substantial ties.
          PC

          Reply
  2. ed

    Dear Peng,

    Kudos for the excellent website.

    I received my Australian PR in May 2008 and before it expired this year I applied and received a one year RRV which expires in May 2013.

    My first compelling reason I gave was because of my education in USA and personal ties to my immediate family who are Australian citizens (They got their PR at the same time as me and managed to fulfill the time requirements to become citizens) but now I have been given an employment opportunity in usa and will be staying for at least a few more years.

    However, I do not wish to lose my Australian PR as I will eventually relocate back to Australia.

    1. Do you have any ideas about how I may extend my RRV or increase my chances of another RRV in the future?

    2. Would visiting Australia on my RRV before May 2013 help if I were to reapply for an RRV in the next 5 years since it would count as being physically in Australia within 5 years?

    3. If my PR status did expire, would that mean I would have to reapply all over again for PR, or is there any concession given for former PRs of Australia?

    Thanking you in advance,
    ed

    Reply
    1. Peng Cheng Post author

      Hi Ed,
      1) If you have been absent from Australia for a continuous period of 5 years of more since the grant of your permanent residency, then you will also need to demonstrate compelling reasons for your absence. Examples of compelling reasons for absence 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’.
      2) I think it’ll only help to satisfy the requirement of being in Australia for at least 1 day in the 5 year period proceeding the application.
      3) Your RRV or permanent residency visa expiring does not necessarily make you ineligible for applying for another RRV – you can still meet the eligibility requirements for a RRV as a former permanent resident.
      PC

      Reply
  3. felix

    Hi, I am a non-resident AU citizen, I possess a current AU passport.
    My wife is an Indonesian citizen holding an Indonesian passport and a sub-class 100 Partner visa that expired a couple of weeks ago.
    So presumably she is formally classified as a “former Australian permanent resident”.

    We are in Indonesia and wish to enter Australia so a sub-class155 RRV application is anticipated.
    My wife has spent less than 2 years of the last 5 years in Australia and we were last there in August 2008.

    I previously understood that a spousal (Partner) visa holder was not subjected to the enforcement of the 2/5 time requirement for a 5 year RRV issuance.

    She has been outside Australia because I needed to be in Indonesia, and we have been together for the entire duration (in other words, she has been ‘following’ her husband and that has lead to her being absent from Australia).

    Please advise if you consider she will likely be routinely granted a 5 yr RRV, and if not, then what measures should we take to ensure that she does, or to appeal against any decline of issuance due to enforcement of the 2/5 provision.
    Thank you.

    Reply
  4. felix

    Sorry Peng Cheng, I accidentally posted before I finished and the intended thank you for your kind response was missing from my post. It is most kind of you to run this Q and A here.

    Reply
  5. Chami

    Dear Peng,
    We have PR in Australia but stayed only 4 month there and returned. our visa will expire in 2014 Jan. My husband is the main applicant but myself and daughter without my husband are planning to go back to Australia this December (just before visa expires) and to satisfy 2/5 requirement and get RRV for another 5 years. By the time I go there I may be pregnant and planning to deliver the baby in Australia.
    1. Will my baby get citizenship if the baby is delivered in Australia
    2. Can we get RRV for another 5 years if I do like this
    3. Please advise me how take my mother in law (65 Years old) to Australia with me. What visa applies for her. We have not been in Ausi for long. If a friend of mine gives a letter can we take her. Kindly advise me on any possible path to get her Visa for about 6 months.
    Chami

    Reply
    1. Peng Cheng Post author

      Hi Chami,
      1) Children born in Australia automatically acquire Australian citizenship if at least one parent is an Australian citizen or permanent resident at the time of the child’s birth: http://www.immi.gov.au/migrants/family/more-information.htm
      2) Yes once you meet the eligibility requirements
      3) May a tourist visa for now (Subclass 600), but if you want her to stay here permanently – then it would be the parent visa, but this can take a very long time and can also be very expensive: http://www.immi.gov.au/migrants/family/family-visas-parent.htm
      PC

      Reply
  6. Jaya

    Hi Peng,
    My self, wife and my daughter have PR and expiring in 2015 Jan. My wife and daughter are going to Australia Dec 2014 and planning to stay there two years to get RRV for 5 years. My PR will expire in Jan 2015 as I am not going. After RRV is given for my wife and daughter they will come back.
    1. For my wife and child to get citizenship what they should do. Should they go back before RRV expires and stay there another 2 years to complete 4 years and be eligible for Citizenship
    2. If I want to go with them (by that time my PR has expired) can’t I get spouse visa or any other visa.
    3. Should I apply for PR all over again and in that case will my application be processed faster. How long it will take for me to get PR again

    Thanks a lot. Wonderful site.

    Jaya

    Reply
    1. Peng Cheng Post author

      Hi Jaya,
      1. They need to satisfy the residency requirement, how they go about is up to them: The residency requirement for citizenship is – To satisfy the residence requirements you must have:

      1) 4 years lawful residence in Australia. This period must include 12 months as a permanent resident immediately before making an application for Australian citizenship; and
      2) absences from Australia of no more than 12 months in total in the 4 years prior to application, including not more than 90 days in the 12 months immediately prior to application.
      2. if they maintain Australia PR and live in Australia, then I think you should be able to get a 1 year RRV.
      3. depends on which PR visa you apply for, but you should be able to get the RRV if situation 2 outlined above arises.
      PC

      Reply
  7. murali

    Hi Peng,

    Your website is very useful , i appreciate it. Please find my scenario & suggest me the chances of getting RRV.

    (i) completer 2 years Masters Degree from 2003-2005.
    (ii) Got PR in June 2007.Left Australia in March,2009
    (iii) PR Expired in June 2012.

    I want to come back to AUSTRALIA on RRV. My younger brother is an Australian Citizen. I can find a full-time job offer.

    Kindly suggest me the chance of getting RRV & documnets to be submitted.

    Reply
    1. Peng Cheng Post author

      HI Murali,
      You have not been in Australia at least 2 years out of the last 5 years as an Australian permanent resident. At best, you can apply for a Resident Return Visa with 1 year of international travel facility (you do not meet the requirements for the Resident Return Visa with 5 years of international travel facility) If you want to apply for a Resident Return Visa, then you will need to demonstrate that you have substantial ties to Australia: http://myaccessaustralia.com/resident-return-visa-rrv-application-substantial-ties-requirement/

      The ‘substantial ties’ that you claim can be personal, employment, business and/or cultural. Whether your case officer accepts the ties that you argue as being sufficient is completely up to the discretion and subjective judgement of the case officer – hence, I cannot predict the outcome of such an assessment.
      PC

      Reply
  8. AJ Bazzari

    Hey Peng,

    what a great website! with very useful information! i wish i came across it earlier :)

    i have a question that i couldn’t find a clear answer to. It is regarding the 5 years time frame, Now what is the relation between PR ( 89 visa) and RRV? let’s say i will get my PR on 1 January 2014, and then within a year i landed in Australia to validate my visa and left. If my goal is to come back to Australia as a permanent resident, do i have to do that anytime during the 5 years frame? even in the last month? assuming i am not interested in an RRV visa? will i be eligible for a citizenship in 4 years?

    i am not sure if my question is clear :) , i am confused by the 5 yeara , 2 years time frames

    Reply
    1. Peng Cheng Post author

      Hi AJ,
      This explanation from Wiki is quite good:
      Holder of permanent residency visas may remain in Australia indefinitely. A 5-year initial visa, which corresponds to the underlying migration scheme, is granted alongside the permanent residency. Until the initial visa expires, the visa holder may leave and re-enter Australia freely. A notable feature of the permanent residency visa is that, even after the initial visa expires, the holder is entitled to stay in Australia indefinitely without breaching immigration regulations.
      After the initial visa expires, if the holder wishes to continue to travel to and from Australia as a permanent resident, they must obtain a Resident Return Visa (RRV)
      PC

      Reply
  9. Rick

    G’day Peng,
    Yours is the most informative, straightforward Aussie immigration website I have come across. Thank you! I won’t bore you with my life story. Only one question, really. I am an Australian citizen, as are my kids. My wife holds a PR (100) visa, and our five year travel facility has expired. I know she is eligible for a 1year RRV. Since myself and our children are citizens, how detailed does my wife’s application have to be regarding ‘showing evidence of close personal ties’, i.e. family information. The information that DIAC cites as examples of evidence seem somewhat intrusive, so if I don’t have to bother my relatives for their birth certificates, passports, etc., I would prefer that. Can you let me know what you think??

    Thanks mate!!

    Reply
    1. Peng Cheng Post author

      Hi Rick,
      I suggest that you provide the documents listed in the checklist: http://www.immi.gov.au/migrants/_pdf/155-checklist.pdf
      Yes the evidence can be intrusive, but that is the nature of the requirement that you are trying to prove – connections with Australia.
      In your case, evidence to demonstrate her relationship with her children and yourself will probably be sufficient. Although I also suggest that she writes a statement which outlines her connections with Australia.
      PC

      Reply
  10. Marion

    Hi Peng cheng,

    I was wondering what happens after you had a one year RVV,
    1) do you keep renewing it every year? if you haven’t left the country that year can you apply for a 5 year RVV again?
    2) if you leave Australia for work while being employed by an Australian institution, does that count as being absent from Australia and having to meet the 2/5 years requirements?

    I was granted my PR in december 2010 after i had already been accepted at Uni to do my masters overseas, then i found a job overseas and i might not get back to Australia before december 2014. I have been visiting australia twice in the meantime. does that mean I can only apply for a 1 year RVV (my parents are former PR and now australian citizens)? According to the citizenship calculator I could not apply for citizenship before 2017 but I am not thinking about staying in Australia for 4 years but instead be deployed overseas through an Australian institution, does that make a difference? is there a way to get the citizenship faster?

    Thank you so much for your help in advance

    Reply
    1. Peng Cheng Post author

      Hi Marion,

      You can apply for the 1 year RRV every year – there is no limit the number that you can be granted. The only way to get a RRV with 5 years of international travel facility is to satisfy the 2 out of 5 years requirement: If in the last 5 years preceding the lodgement of your RRV application, you have been in Australia as a permanent resident for at least 2 years out of the 5.

      2) if you leave Australia for work while being employed by an Australian institution, does that count as being absent from Australia and having to meet the 2/5 years requirements?

      Yes that is absent from Australia.

      Working for an Australian institution can be a basis for claiming substantial ties.
      I’m not aware of a faster way to get citizenship.
      PC

      Reply
  11. Jay

    Hello Peng,

    This is a great website, thanks in advance.

    I am currently a 457 holder based here in Australia. I intend to apply for my PR soon. I expect to get my PR sorted by the end of 2014 (as it is done through my company). The problem I have is that my job could potentially move me around the world. If am awarded my PR in 2015, so that automatically gives me 5 years, which means it will expire in 2020. Chances are, for the first 5 years, I will be based in Australia for at least two years, so thats no a problem.

    However, its beyond that Im worried about. If I understand correctly, by fullfilling the 2 year criteria for the first 5 years, I will be eligible for a RRV up to 2025? And if in the 5 year period (between 2020 and 2025) if I am not in Australia, would I still be able to get my RRV renewed? If so, for how many years? Is it a cumbersome process? Does it help in anyway if I continue to pay taxes in Australia for the period that I am not here? Also, does owning a property here add any leverage?

    I ask these questions because I am weighing up the option of PR vs Citizenship.

    Thanks

    Reply
      1. zuber

        hi Peng
        thanks for your benevolence services to all of us!!!!!!!!!!!!
        hereby i have some questions about my mother RRV visa subclass 155 (5yrs).
        my mother has granted her PR for 5 yrs (20 oct 2011 to 20 0ct 2016). for initial entry requirement she was in Australia for 5 days and went back to India. now again she arrived in Australia 3rd of December 2013 and still living in Australia. my questions are
        (1) as per requirement if my mother stay 2 years continue (upto 31/12/2015) and if she apply RRV (5yrs) from australia and if she get the RRV, so the new RRVvisa will start after 20 OCT 2016 ? or new grant date of RRV.
        (2) if she finish 2 yrs requirement and go back to INDIA , is she eligible to apply her RRV from india before her PR expired? and within what time period she can apply for RRV before her PR expired?
        hope you will reply .
        thnx
        zuber

        Reply
        1. Peng Cheng Post author

          Hi Zuber,
          1. From the date of grant.
          2. If she satisfies the 2/5 year requirement, she can apply from outside of Australia
          PC

          Reply
          1. zuber

            thanks for replying Peng Cheng.
            Now I have another questions about 5 yrs RRV.
            (1) if my mother gets 5 yrs RRV from india and supposed she stayed there 5 yrs . is she eligible to get another 5 yrs RRV or she has to come to australia and live 2 yrs to fullfill the requirement?
            (2) if she cant come to australia on the 5 yrs RRV, what visa she can apply before her 5 yrs RRV expired?
            thanx

          2. Peng Cheng Post author

            1. There is only one way to get a 5 year RRV and the requirement is clearly explained above.
            2. If she meets the requirement for a 1 year RRV, then she can apply for that.

  12. Gie

    Hi Peng Cheng,

    I have a PR that has expired in April 2013. I will be visiting Australia in a few weeks time and was wondering if I should apply for an RRV or an ETA. I do not want to give up my PR status, but also have no intention of moving to Australia permanently within the next year.

    Reading your post above, I should meet the eligibility requirements for the 1 year RRV, but if I now travel to Australia with an ETA, would I lose the chance of applying for an RRV in the future?

    “Under Section 82, your permanent residency visa will cease if another substantive visa comes into effect. If you’re granted a temporary visa that comes into effect (except for ETA or Border visas) after you are granted a permanent residency visa, then your permanent residency visa will cease”

    Much thanks for your assistance.

    Reply
    1. Peng Cheng Post author

      Hi Gie,
      Even if you get an ETA, you can still meet the eligibility requirement for the RRV in the future. As explained above, you can meet the requirements for a RRV as a former permanent resident.
      PC

      Reply
  13. Dan

    Hi Peng Cheng,

    How early can one renew the Resident Return Visa? Does it have to be within 6 months of the RRV expiring?

    I’ve been a Permanent Resident for 6 years now and have lived in Australia for all 6 years.
    I’m in my second round of residency but I’m considering to leave the country for quite a few years.

    Many thanks,
    Dan

    Reply
    1. Peng Cheng Post author

      Hi Dan,
      After your last permanent residency visa expires, there is actually no specific time frame in which you need to lodge a RRV application.
      You should be able to lodge an online application for a RRV – which should have a validity period of 5 years.
      PC

      Reply
  14. Anna

    Hi Peng, my husband has an Australian pr which was granted back in 2000. He didn’t fulfill the 2 out of 5 years requirement and has travelled to Australia with a tourist visa since. We have been thinking about moving to Australia recently (I don’t have a pr though) and it seems to me that his chances of applying for a RRV successfully are rather slim. My question is, can an existing PR holder who didn’t complete the 2 out of 5 years requirement reapply for an Australian pr as a skilled migrant or is RRV the only option? Thanks.

    Reply
  15. Babar

    HI Peng
    i got my PR back in Sep09, after that i was just able to travel and stayed in Aus for just 02weeks.
    Now i am planing back to settle down in 2nd week of Jan14, while my PR will going to be expire in Sep2015. since i’ll not be able to complete my 02years stay in aus to be able to apply for 5years RRV nor i can get aus Passport till that to travel out of country. what i believe In that case i can only apply for one year RRV,am i right? what if that one year RRV gets expires?
    Still i need to apply for another RRV? and the process will continue till i can change my passport?
    Thanks for the help.

    Also Thanks- for the great website.

    Reply
    1. Peng Cheng Post author

      Hi Babar,
      Sounds like that at best, you may be able to get a 1 year RRV.

      If you return to Australia before your PR expires, then you can remain in Australian indefinitely. Having PR is the right to lawfully remain in Australia indefinitely (as long as you return before your PR expires).
      PC

      Reply
  16. Hashir

    Dear peng,
    Great and very informative website. I and family are PR which was granted
    In June 2011 and validated my visa on June 2012. I stayed there for a month or so and then returned
    to continue my job in Middle East. My PR visa is expiring in June 2016 and I am considering that if I don’t move to Australia by that time, what are my options of getting my RRV if
    A) buy a small apartment over there ( Australia ) and rent it out? Or
    B) keeping my wife and children over there for the intentions of citizenship ?

    Kindly advice
    Hashir

    Reply
    1. Peng Cheng Post author

      Hi Hashir,
      Having your family here is a strong tie. Just having a property isn’t the strongest of ties.
      PC

      Reply
  17. Michelle

    Dear Peng.
    Thanks for the great website.
    1) If we were previously granted a 5 years RRV starting Nov 2007 and a 1 year RRV starting from Nov 2012, which date should we take to calculate the 2years residency from? I presumed it should be Nov 2007 onwards since the DIAC mentioned 2 years out of the 5 years. Please advise.
    2) Have you come across cases whereby the case officer grants a 5 years instead of 1year RRV based on exceptional grounds other than the requirement of fulfilling 2years out of 5years residency?
    Would appreciate your advice. Thank you. Michelle

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      1) Its 2 years from the last 5 years – so its just the date that you lodge the application, counting back 5 years
      2) No – you won’t meet the requirements
      PC

      Reply
  18. Debbie Byrne

    Hey, I am a permanent resident and have lived in Australia for 7 years only being out of the country for aout 6 weeks in that time. My question is I have applied for a RRV as I am due to go overseas on holiday soon and Im not sure if I have to apply (and pay) individually for my children or if they are included on my application.
    Hope you are able to help. I need to get this sorted quite quickly as we are due to be leaving in 5 weeks, i wasnt aware that my visa wouldnt allow me to return to Australia automatically!
    Thank you so much for your help

    Reply
  19. Dass

    Hi,

    I have few queries with respect to migration of our child to Australia. I and my wife hold a permanent resident visa for Australia. The child is born in India. We now plan to apply for Child visa 101 which takes 14 months. We want to move to Australia as soon as possible. Is there a possibility that we apply for visitor visa for our child for him to enter Australia and if we can apply for a PR visa for the baby from Australia (Child visa 802)?

    Regards
    Dass

    Reply
    1. Peng Cheng Post author

      Hi Dass,
      You can try and apply for a tourist visa, but the concern is that the case officer may place a no further stay condition on the visa which will prevent you from lodging an application in Australia. Whether such a condition is placed on the visa is at the discretion of the case officer.
      PC

      Reply
  20. Annette

    Hi Peng
    We shall shortly be applying for our RRVs but because of frequent trips overseas on business, my husband hasn’t spent the required 2 years in one block in Australia but will probably have spent 730 days. My question is what counts as a day? Does the day of departure count towards your total or where you are at midnight. We want to make sure we have the 730 days under our belt before we apply
    many thanks

    Reply
    1. Peng Cheng Post author

      Hi Annette,
      Days are counted in a cumulative way. Day of departure and arrival both count, assuming that they are not the same day.
      PC

      Reply
  21. sam

    Hi peng

    Thanks for the valuable info.

    I am an australian resident since october 2003
    Left australia in jan 2004
    Came back for short visit in nov 2005
    Came back again in sep 2008 to renew my visa on-shore
    I was granted another 5 yrs visa in 2008
    After getting my visa left again because of overseas work
    In 2010 i sponsored my wife and 2 kids
    My sponsorship got accepted and they got granted PR
    Their visa expires in 2015
    In apr 2012 i got a job in australia finally
    I moved back with my kids and pregnant wife
    In nov 12 my wife delivered a baby girl
    Girl was granted oz citizenship by birth
    My return resident visa expired in sep 13
    I applied for renewal at end of aug
    I attached to my application copy from employment contract and daughters birth certificate
    More than 1 month passed since i applied i didnt hear anything back
    Spoke with them today they informed me that my application is under process
    They didnt tell when do they expect finalizing my application
    I have plans to go overseas after 10 days from now

    Is this delay normal?
    Do i need to do something at this stage?
    Do u expect i ll be granted 3 months visa?

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      It usually only takes weeks to process a RRV. I can’t tell you why there is such a delay since DIAC can’t tell you either. I don’t think that there is much that you can do.
      You should be granted a 1 year RRV.
      PC

      Reply
  22. Agik

    Hi Pengcheng, my family arrived and lived in Australia on February 1, 2010, stay australia until now as a permanent resident. our visa will expire on September 3, 2014. My question is, my daughter wanted to pursue her studies overseas on May 2014 for 2.5 years and plan to return australia after finishes her studies..what she gonna do with her visa which will be expired by the time she comes ba to Australia? is she going to apply for RRV VISA? for how many years?could she apply for it now?

    Reply
    1. Peng Cheng Post author

      Hi Agik,
      She should apply for the RRV. I think that she would meet the requirement for the 5 year RRV, the eligibility requirements for which are outlined above.
      She can apply for the RRV at any time – assuming that she meet sthe relevant requirements.
      PC

      Reply
  23. DTM

    Hi,
    Me and my familiy members are Australian PR holders since August 2009 and 5 years will expire on August 2014. We went to Australia for 1st visit in November 2013 and stayed there for couple of weeks, after that never visited Australia.

    Now my wife is pregnant and we canot travel to Australia till the baby is born in May 2014. doctors have advised not to travel 2 far due to her previuos experience also I canot leave them in Australia alone and work overseas due to business commitments.

    Hence can I ask for a RRV for 1 year from August 2014 till August 2015 for all my family members, while I am staying overseas (without going to Australia). As this will allow me to have sufficient time to get the PR for the new born baby.

    Please respond.

    Reply
    1. Peng Cheng Post author

      Hi DTM,
      It is possible to lodge an online application yourself and your family members while you are outside of Australia. As explained above, you will need to demonstrate substantial ties to Australia.
      PC

      Reply
  24. John

    Peng,

    My mother-in-law is a permanent resident. She left the country for a short holiday after her 5 year resident-return visa had expired. When she returned, they let her in the country (with some difficulty) by granting her a visitors visa, expiring in 90 days. She then went to immigration whilst in Australia, and was granted a new subclass 155 resident-return visa.

    My question is, does she need to leave the country after 90 days (because her visitors visa expires then) and re-enter, or is she entitled to stay in the country as a permanent resident, even though she entered on a visitor’s visa?

    Thanks.

    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      No – when the 155 was granted, this replaced the tourist visa, and your mother-in-law is a permanent resident again.
      PC

      Reply
  25. Sara

    Dear Peng

    Really thanks for being so helpful by your info!

    Actually my husband & I granted our Australuan PR in february 2012, just been in Australia for 2weeks to do the needful, and unfortunately can not go to stay there permanently for now! We have decided to go there on around january 2017, just before our visa expires, and stay there for 2 years that can grant the 5year RRV;

    1- even if we stay there 2years when already our visa has been expired, still we can apply for the 5years RRV?
    2- during these 2years we are being counted still as permanent resident? And they can be counted as the years necessary for applying for citizenship?

    Many thanks
    Sara
    Sara

    Reply
    1. Peng Cheng Post author

      Hi Sara,
      1. Yes – as explained, your PR allows you to remain here indefinitely as long as you are here before your PR expires
      2. Yes
      PC

      Reply
  26. Samuel Byamungu

    Dear peng,
    I am a curent permanent australian residense and i hold a 5 year retun visa wich will expire in 2017.
    My question is this i would like to go back and study in my country of origin for almost 2 years,will this affect my permanent residence like to be cancelled?
    And more over when some one receive a permanent residence does that mean he has no rights to live in his country again if he want to live there? let say like 3 years or less.

    Reply
    1. Peng Cheng Post author

      Hi Samuel,
      No – your studies won’t lead to the cancellation of your PR.
      No – you can live wherever you want. You are not obligated to remain in Australia.
      PC

      Reply
  27. Andy Xu

    Hello there
    My mother is in Australia and currently holding a PR visa which was granted on 07/Apr/2009 and will be expired on 07/Apr/2014.
    in the last 5 years period from 07/Apr/2009 to 07/Apr/2014, she only be stay in Australia for 1 year and 10 month. and 2 months less to meet the requirements of 5 years RRV renew.

    my question is: if we can lodge the PR renew application on 07/Jun/2014 (2 months after her current PR expired) in order to meet the 2 years stay requirement for a new 5 years RRV application.

    Thanks very much!

    Reply
    1. Peng Cheng Post author

      Hi Andy,
      That is possible – you can meet the requirement for the 5 year RRV even if your current visa has expired.
      PC

      Reply
  28. Natalie

    Hi Peng Cheng.

    Thanks for the wonderful and informative website. It helped a lot! But I still have questions and hoping you could help me out.

    I have a PR visa which expired on July 2013 and currently staying in Australia with my brother. My brother has recently got his RRV granted for 5 years as he has stayed here for more than 2 years. As for me, I’ve stayed for more than a year now and will continue to stay further to fulfill a 2 years stays in Australia. I have not apply for RRV due to not staying in Australia for 2 years out of 5 years.

    My question here is:
    I am going back to my home country in Dec 2013 for approximately 2 months and I do not have any employment, business or cultural ties with Australia. I am wondering whether could I apply for RRV on the basis where my brother is a RRV holder?

    Please advice and thanks in advance!

    Reply
    1. Peng Cheng Post author

      Hi Natalie,
      As explained above, whether your ties are sufficient is dependent on the subjective decision-making of the case officer. Your brother is a tie, but we can’t confirm whether this tie along is sufficient.
      It also depends on the nature of your relationship with your brother – for example, if you are financially dependent on him and/or live with him, you may have a stronger case.
      PC

      Reply
  29. Leslie

    Hi Peng Cheng.

    I am currently outside of Australia and my RRV (subclass 155) is due for renewal. I have previously lived in Australia for more than 2 years out of the 5, before leaving the country. Hence I would not have problem renewing the RRV this time (I am the principal applicant) .

    However, my dependents (wife and daughter) have only fulfilled about one year’s stay in Australia, out of the 5 years. I just wonder, as we renew the RRV together as a family, would we all be granted 5 years or my dependents may just be granted one year this time?

    Kindly advise.

    Reply
    1. Peng Cheng Post author

      Hi Leslie,
      If you are granted a 5 year RRV, then your family members can apply for 1 year RRV on the basis of your family relationship. They cannot satisfy the requirements for the 5 year RRV.
      PC

      Reply
  30. Shuomeng Guo

    Dear Peng Cheng,

    Thank you for this informative website! It really helped a lot.
    Here I have two questions,
    1. I have Australian permanent visa subclass 121 which will expire in Feb 2014. For the past five years, I only stayed in Aus for a month. Now I am planning to move to Aus in December to study 2-year Master degree in Aus and not leaving the country for the whole period. By the end of the study, I will satisfy for the residence requirements for 5-year RRV. My question is, will I be considered as current Aus permanent resident or former Aus permanent resident in Feb 2016? ( I am not planning to get a substentive visa, and I am pretty sure I will be still in Aus while I am applying 5-year RRV)

    2. My boyfriend and I want to get married next year in Australia. He is not a PR holder. Can he marry me on tourist visa? Since we do not want to separate from each other, How can he get PR after we married?

    Look forward to hearing from you.

    Best,
    Shuomeng

    Reply
    1. Peng Cheng Post author

      Hi Shuomeng,
      1. If you are arrive your current PR expires, then you are allowed to remain in Australian indefinitely as a permanent resident. You would be a permanent resident when you apply in 2016.
      2. You can get married on a tourist visa. He can apply for PR if he meets the requirements of a spouse visa.
      PC

      Reply
  31. KC

    Peng
    Me, my wife and 2 kids hold an Australia PR that will expire in Sept 2015. We are not able to live there for > 2 years in order to get another 5 years RRV 155. We think the best we could get in 1 year RRV. We just bought a property that allow us to demonstrate personal ties.

    However, even after getting the 1 year RRV, we think we will not be able to be there in Australia for the next 3 to 5 years. Can we continuously apply for extension of 1 year (year after year for next 3 to 5 years)? Me and my wife is thinking about giving birth in Australia next year so that the baby can get an Australia citizen? Will this help to secure our PR for the next 3 to 5 years while we are not ready to move there yet? Is there other ways?

    KC

    Reply
    1. Peng Cheng Post author

      Hi KC,
      There is no limit on the number of RRV you can obtain. You can keep applying for these visas as long as you meet the requirements.
      A child born to an Australia PR in Australia is entitled to citizenship – and this relationship can be claimed as a substantial tie.
      PC

      Reply
  32. Jo

    Hi Peng Cheng
    Thanks for the great forum. I have a question re the RRV.
    Ive been an Aus PR since 2003 and most recently renewed my RRV in Sep 08. Since then, I have been living and working in Australia for most of the 5 years (less overseas holidays).
    However, i travelled out of Australia for a week recently and entered Australia again not realising my RRV had expired in Sep 2013. I was therefore stopped at customs and then granted a Border Visa on entry so i have a month to apply for a new RRV.
    Does this in any way affect my permanent residency status or will it be similar to applying for an RRV before my previous RRV expired?

    Reply
  33. Hash

    Dear Peng,
    Our PR visa expires 2014 Jan 15. My wife and Child stayed in Australia for 11 months during the last 5 years. I was not there. My child is schooling there my wife is working there. They live in a rented house there.
    1can my wife and child get RRV. For how many years.
    2with them can I also apply for RRV. but I have been absent from Ausi for 5 years. To avoid that can’t i be in Australia (For two three days) at the time of applying RRV so that will they consider that as not being absent from australia for 5 years.
    3 once they satisfy 2/5 requirement by 2015 Feb hope they can apply for RRV for 5 years
    4with them can I also apply for RRV at that point.

    Kindly reply.
    Thanks & Regards
    Hash

    Reply
    1. Peng Cheng Post author

      Hi Hash
      1. Your wife and child can obtain at best the 1 year RRV because currently they don’t satisfy the 5 year RRV requirements
      2. As explained above, if you have been absent for a continuous period of 5 years or more, then need you will need to demonstrate compelling reasons for your absence even if you are present in Australia today.
      3. Yes if your wife and child can satisfy the 2/5 requirement then they will be eligible for the 5 year RRV.
      4. Once your wife obtains the 1 year RRV, you can then also apply for the 1 year RRV on the basis of your relationship with your wife. You will need to show evidence of your marriage with wife.
      PC

      Reply
  34. Kumar

    Hi Peng,

    Appreciate your effort here through this web site.

    My family are in Australia about last 6 months now and the new baby is an Australian citizen. Elder 2 children and my wife are PR holders currenty in Australia. I have visited them few times during last 6 months and my PR Visa will expire within 2 months.

    Will I be able to get a RRV before expiery of current PR Visa for 1 year. What sort of time period generally it will take to have the RRV stamped in passport if I am eligible. Also, can I apply for RRV when I am in overseas.

    Appreciate you response.

    Regards

    Kumar

    Reply
    1. Peng Cheng Post author

      Hi Kumar,
      Assuming that your family is settled in Australia or will be settling in Australia in the near future, you should be able to satisfy the requirements for a 1 year RRV.
      It is an online application – processing time is 1-2 weeks. You don’t need a visa label anymore.
      You can lodge while outside of Australia.
      PC

      Reply
  35. Gerald

    Dear Peng

    My PR was issued on 01/07/2005.
    Initial entry made in 2006 (stayed in australia for 2 weeks)
    Traveled to Australia in 2009 (for 1 month)
    No further entry to Australia was made.

    Basically I did not clock the 2 years requirement within the 5 years since of issuance of PR.

    Now Im ready to migrate to Australia. I see job advertisements looking for person with rights to live and work in Australia.

    Since my PR technically did not expire, am I right to say in my job application that I have the rights to live and work in Australia? Then, upon getting a job offer , I plan to go to Australia on tourist VISA, and then apply for a RRV (if required).

    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Gerald,
      If you were granted PR in July 2005, then I assume that this would have expired by now. If that is correct, then you don’t have the right to work in Australia if you are here on a tourist visa. You are only given the right to work when you are granted a RRV.
      PC

      Reply
  36. Cynthia

    Dear Peng,

    Thank you for your informative and clear website. Your explanation is much more clearer than the government version.

    Regarding the residence calculator tool that you have provided in the government website, I realised that it can only count the last 4 years. It does not actually tell you the amount of days that you stayed in Australia.

    Can I go to the immigration office and asked whether I have stayed for 2 years?

    Thank you

    Cynthia

    Reply
  37. Robin Goel

    Hi Peng,

    My PR visa is going to expire in July 2014. And, i do not meet the 2 yr residence requirement in australia. But i have the plan to move australia next year permanently. but by next year, my pr visa will expire. However, my wife got the spouse visa (permanent) last year and her visa will expire after 4 yrs from now. Can I get the RRV based on my spouse visa??
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Robin,
      Having a spouse with Australia PR is certainly a substantial tie that you can claim. Generally speaking, this tie should be sufficient to satisfy the ‘substantial tie’ requirement – but it is really at the case officer’s discretion whether he or she accepts the ties that you claim.
      PC

      Reply
  38. Robin Goel

    Hi Peng ,

    Thanks for your reply.
    But my wife stays in india with me. We have still not moved to Aus. Can I get 1 year RRV based on her PR visa status?

    Reply
    1. Peng Cheng Post author

      Hi Robin,
      Her having PR doesn’t mean that you meet the requirements for a 1 year RRV. As I said: Having a spouse with Australia PR is certainly a substantial tie that you can claim. Generally speaking, this tie should be sufficient to satisfy the ‘substantial tie’ requirement – but it is really at the case officer’s discretion whether he or she accepts the ties that you claim.
      PC

      Reply
  39. Muhammad

    Hi Peng,

    I landed at Australia in Oct 2011 along with my dad, wife and kid (all of us on Skilled PR 175 Visa).

    By Sep 2016 (expiry of our visa), all of us (except dad) would have fulfilled the at least minimum eligibility requirement of legally staying 2 yr out of 5 Yrs.

    Questions:

    1. I may be outside Australia at the time of my visa expiry and understand that we could be applying for 5 yr RRV.
    But, while subsequent renewal of RRV after another 5 yr (if all time outside Australia), would I be issued with another 5
    yr RRV or the increments of 1 yr thereon?

    2. While I understand that when we lodge for RRV the first time (in Sep. 2016), my dad may be getting the best as 1 yr
    RRV, however, as mentioned above, if we don’t come back to Australia during our RRV period of 5 yr …..would my dad
    be given subsequent RRV of 1 yr after expiry of each RRV (assuming he stays overseas throughout in that period
    and he would travel to Australia ONLY with us)?

    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Muhammed,
      1. If you satisfy the 2/5 years requirement, then the RRV that you will be granted will be valid for 5 years
      2. He can continue to apply for and renew his RRV each year – he would need to make each application as the grant is not automatic
      PC

      Reply
  40. mohammed

    Hi peng

    Firstly, I really appreciate your knowledge and vast experience in this topic and very pleased to see you helping others I am sure this is a very appreciated effort from you .
    I have a PR along with my wife and I have visited Australia this year to validate my PR . My PR will expire in 2018 and i was granted a WA sponsorship. I am expecting a baby soon and I am planning to make the delivery in Australia itself . Currently I am working abroad and I have no fixed date for official relocation. My questions are :
    1. Will my kid be granted the citizen and how long it takes to finish the documentation as I need to plan my trip
    2. Will I have an access to Medicare to cover the delivery costs or I need to get a private insurance.
    3. How the WANT sponsorship will help me if I decide to move to Australia

    Thanks a lot in advance and I wish all success for this unique website

    Reply
    1. Peng Cheng Post author

      Hi Mohammed,
      1. Yes – not sure what citizenship applications times are like since we rarely assist with this
      2. You need to ask Medicare
      3. I don’t think the state government is obligated to provide any specific assistance
      PC

      Reply
  41. Esther Lau

    Dear Peng

    I landed in Sydney since June 2011 and now holding subclass 100 visa and my visa (subclass 100) will be valid till Nov 2018. I am planning to return to my home country in order to take care of my parent and I might not able to stay in Sydney before 2018 . I owned my property and going to rent it out. Am I eligible to apply a 5 years RRV if my current visa expiry in 2018? My partner is Australian citizen but he will returning to home country with me to take care our parents and parents-in-law. We are planning to come back Sydney each year and stay few weeks for checking my property to ensure i keep the permanent visa. Would it be difficulties to get the RRV?

    Thanks
    Esther

    Reply
    1. Peng Cheng Post author

      Hi Esther,
      You need to satisfy the 2/5 year requirement for the 5 year RRV as explained above.
      You should satisfy the requirement for the 1 year RRV assuming that you continue to visit Australia, have a property here and live with your Aus citizen husband overseas.
      PC

      Reply
      1. Esther

        HI Peng Cheng

        Just one more question, if I already stayed in Sydney more than 730 days, does it mean I already fit the 2/5 years requirement for the 5 year RRV?

        Regards
        Esther

        Reply
        1. Peng Cheng Post author

          Hi Esther,
          You satisfy the requirement if you have been in Australia for at least 730 days in the last 5 years.
          PC

          Reply
  42. Sam

    Dear Peng,

    My permanent resident visa will be expired on July 2014, and I need to travel and coming back to Australia on May 2014, if its less than 3 months will it still be ok? I heard from somewhere that valid visa need to be at least 3 months? Is that true? Or should I apply extension with RRV before my travel? Please advise. Thank you.

    Sam

    Reply
  43. Ruth Hughes

    Hi Peng

    This website is great and I am hoping you can help me with my current situation.

    I moved to Australia when I was 7 years old in 1991 and had permanent residency status. I then left Australia in October 2009 at the age of 25 to travel and work in London and I obtained a 5 year RRV. This is due to expire on 1st June 2014 but I am not ready to move back to Australia yet.

    I know that I can now only apply for another 1 year RRV (as I have lived outside of the country for more than 2 out of the past 5 years, although I do return to Australia every year for a 2 – 3 week holiday) but I was not planning on settling back in Australia for about another 4 years, at which point I want to move back with my partner (he is South African/ Slovak not Australian).

    Is my best option to apply for a 1 year RRV before my current one expires and then keep renewing year upon year until I want to return home? Am I allowed to do this or do you only get 1 extra year granted and then HAVE to move back at that point?

    If my current RRV expires does that mean I have no option to get back into Australia to reside?

    Your help and advice is much appreciated.

    Ruth

    Reply
    1. Peng Cheng Post author

      Hi Ruth,
      Is my best option to apply for a 1 year RRV before my current one expires and then keep renewing year upon year until I want to return home?
      You can if you want – it is not a requirement for the RRV that you are currently holding Australia PR so you can still apply for the RRV even after your current visa expires. Continuously renewing your RRV doesn’t necessarily increase your chances of maintaining Australia PR – you need to meet the RRV requirements as outlined above.
      Am I allowed to do this or do you only get 1 extra year granted and then HAVE to move back at that point?
      You are not obligated to return to Australia.
      If my current RRV expires does that mean I have no option to get back into Australia to reside?
      You need to hold a valid visa to enter Australia. As a UK passport holder, a ETA is always an option.
      PC

      Reply
      1. Ruth Hughes

        Hi Peng

        Thank you so much for your prompt reply.

        So in reading the above does this mean that I can stay in London, let my current RRV expire in June and then in say three years’ time when I am ready to go home, apply for a 1 year RRV despite the fact that my previous RRV expired three years prior? (assuming I pass the criteria based upon my personal ties) to then return to Australia to live?

        Reply
        1. Peng Cheng Post author

          Hi Ruth,
          That is possible – as explained above, you can still meet the requirements of the 1 year RRV even after your PR expires.
          PC

          Reply
  44. Ganu

    Hello Sir/Madam,

    Good Day. I am permanent resident and my PR expires in July 2014, i have spent only 22 months in the last 5 five years.

    My question is – can i apply for my RRV on SEP 2014, as by this time i would have completed 24 months or 730 days in Australia? my confusion – on Sep 2014, my PR would have expired…So not sure whether the 2 yrs or 730 is within the PR period or before applying for RRV.

    Can you please clarify. thx

    Ganu

    Reply
    1. Peng Cheng Post author

      Hi Ganu,
      As explained above, you can still meet the requirements of the RRV even after your current PR expires.
      PC

      Reply
  45. Crystal Ong

    Hi Peng,

    Great website and I have gotten alot more information than I could find anywhere else! I would appreciate some advice and guidance on my situation.

    I hold a Malaysian passport but have Australian PR. I lived in Australia between the ages of 12 to 27. During this time, I stupidly did not apply for citizenship. I then traveled to the UK, met my husband and have a child (all British) and now live here. My parents and sisters are all Australian and I consider Australia home. I still have bank accounts, superannuation and investments in Australia. We travel back to Oz annually for holidays. Unfortunately we are not able to relocate back to Australia at the moment but I want to keep this option open for the future.

    My 5 year RRV is about to expire in June 14. I have a number of questions.

    1. Considering how much it cost for a 1 year RRV, would it be ok to travel back to Oz on a tourist visa (as it’s free!)? Would this effect any chances I have of returning to Oz as a PR in the future?

    2. Due to various reasons, I’m applying to be naturalised as a British. Would this also impair my application for a RRV?

    Many thanks
    Crystal

    Reply
    1. Peng Cheng Post author

      Hi Crystal,
      1. If your PR is still valid, then you can use this to return to Australia. If your PR expires, then I don’t think that getting a tourist visa will affect your ability to meet the eligibility requirements of the RRV in the future.
      2. No
      PC

      Reply
  46. Sandeep

    Dear Peng Cheng ,

    My name is Sandeep my question is that i was holding Australian PR but it’s expired on January 5th 2014. I only spent 20 day in Australia in last 5 years because when I first went to Australia that time my father was very sick he was suffering from cancer that’s why I had to go back to India where i am I originally from. And after sick months he died.
    Under some circumstances I didn’t go back to Australia. So please tell me if I apply Australian RRV will I get one year RRV or 3 months? At the moment I am living in new zealand. But I do need one year RRV is it possible to get that because I want to move Australia end of the year.
    Will be waiting for yr reply

    Thanks
    Sandeep

    Reply
    1. Peng Cheng Post author

      Hi Sandeep,
      I can’t determine whether you meet the requirements for the RRV just based on the above information. As explained above, you need to demonstrate substantial ties to Australia if you want to apply for the 1 year RRV.
      Also as explained above, if you want to apply for the 3 month RRV, then you need to satisfy the following:
      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

      Please feel free to contact us if an eligibility assessment if you want us to have a look at your personal circumstances.
      PC

      Reply
  47. Sabine Clappaert

    Dear Peng,

    I have a question regarding my 1yr RRV (granted 18/11/13 with travel facility to 18/11/14) which I hope you can help clarify.

    I currently live with my de facto partner, together with whom I also own a business, in Belgium. We have gathered all the documents for his partner application, which we hope to be able to file in the coming weeks.

    Here’s my problem: we cannot begin to sell our house and more importantly, our business until we know that he will be granted a partner visa. Once we have that certainty, we can put our house and business up for sale and prepare the move. My worry is that I don’t think we will have sufficient time to get the business sold and move between the time of approval of his partner visa (estimated August/Sept?) and expiry of my RRV (November).

    My plan was therefor to make an initial entry into Australia in October to activate bank accounts, make appointments with estate agents & employment agencies to begin looking for a house and work. I would stay for a few weeks, in which I would also apply for a new RRV as I would be leaving the country again until the business in Belgium was sold and we could do the whole move.

    I am unclear on my PR status after 18/11/14 and my international travel allowance after that date. Do I need to apply for a new RRV while in Australia in October ’14? Do you think that DIAC will view my need to return to Belgium as valid if I prove that I have a business and a house in Belgium which I can PROVE are already listed for sale but not yet sold?

    Thank you in advance for any clarification you may be able to give.

    regards
    Sabine

    Reply
    1. Peng Cheng Post author

      Hi Sabine,
      I am unclear on my PR status after 18/11/14 and my international travel allowance after that date. Do I need to apply for a new RRV while in Australia in October ’14?
      Not necessarily – as explained in the above post, it is possible to meet the requirements of the RRV even after the expiry of your current PR.
      As stated above: 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.

      Do you think that DIAC will view my need to return to Belgium as valid if I prove that I have a business and a house in Belgium which I can PROVE are already listed for sale but not yet sold?
      Your ties with Belgium, and what you are doing to wrap up your affairs is not a relevant consideration for the RRV.
      p.s. my brother and his wife also live in Australia. May that increase my chances to get another 1 yr RRV after November ’14?
      You may be able to claim this as a ‘substantial tie’ – as explained above, you meet to satisfy this requirement for the 1 year RRV.
      pc

      Reply
  48. Muditha

    Hi peng,

    My 5 year visa expired on the 30th of January 2014. I am currently in Australia. But over the five year period I have stayed in Australia for 10 months. I want to apply for a RRV. Will investing in Australian government bonds be considered as a qualification to get a 1 year RRV.

    Thanks

    Muditha

    Reply
    1. Peng Cheng Post author

      Hi Muditha,
      I don’t think that buying government bonds alone is sufficient to meet the requirement of the 1 year RRV.
      pc

      Reply
  49. Muditha

    Hi Peng,

    If I purchase a home here in Australia will it be considered as a substantial personal ties to Australia ?

    Thanks

    Muditha

    Reply
    1. Peng Cheng Post author

      Hi Muditha,
      Yes having a home can be considered a personal tie – whether your ties are sufficient is up to the assessment and discretion of your case officer.
      pc

      Reply
  50. Bronwyn

    Hi Peng

    Myself, my husband and my three children aged 11, 15 and 17 have been living in Australia since June 2008. We have left briefly for short holidays during that time. We came on NZ passports, and in December both myself and my husband were both granted RRV’s. We had compelling reasons for leaving for more than 5 years, and personal ties statements. I’m a bit confused because we’ve only been granted 1 year RRV’s, although at the top of my letter it says Five Year Resident Return (subclass 155), but then it says must not arrive after 23 December 2014. My husbands one says One Year Resident Return (subclass 155) must not arrive after 11 December 2014. Do I have a one or five year visa?

    We want to gain citizenship, and we have been advised that we can apply once we have RRV for one year. Do we have to wait for exactly one year before we apply. What happens on say 23 December 2014, do I then not have a visa for permanent residency after that date? Are we then Stateless and countryless! We met some Kiwis here last weekend who had just gone for the citizenship test, but couldn’t get a booking for a citizenship ceremony until September 2014. They told us you can’t travel outside the country between citizenship test and ceremony. Is this correct. Im kinda of confused what the order we do everything is.

    Also what can we do to get the kids residency. Is our only option a Child Visa, or is there another way? A friend said I should start the Child Visa process for my 17yr old son because once he turns 18yrs he’ll be on his own so to speak.

    Help please!

    Reply
    1. Peng Cheng Post author

      Hi Bronywn,

      You should have a 1 year RRV.

      As stated above:

      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.

      A child visa is probably the right option for your children.
      PC

      Reply
  51. Marea

    Hi,

    My husband and I were granted a PR 136 Skilled Visa in Jan 2008. (It was stamped in our passports at the time, don’t think they do that anymore) We have been in Australia ever since. However the 5 years expired on it last month. We hope to travel overseas in March for 4 weeks. Do we need to renew it, or is that OK? We also want to apply for Citizenship this month, so maybe that makes a difference too?

    Thanks,

    Marea

    Reply
    1. Peng Cheng Post author

      Hi Marea,
      You need to apply for a RRV in order to travel and return to Australia. Application process is explained in the above post.
      If you obtain citizenship, then you won’t need to apply for a visa to travel in and out of Australia.
      PC

      Reply
  52. Cahar

    Hello Peng,
    I have been PR since 1990. I have stayed 20+ years in australia. I wish to travel a bit more now that I’m retired. I have been away for almost 11 months last year but am back here for now. My RRV expires in June 2015. Do I need to be back in Australia before then or can I stay away whilst the RRV expires and apply for a new one before I come back? How long can I stay away for so that I’m eligible for future RRVs?
    My medicare card may expire while I’m away. Will a new one be sent to be automatically?
    Your help is gretaly appreciated because reading the website just confuses me. I’m in my mid 70s and I just want to know what I have to do without getting bogged down by information about other people.
    Thank you for your help.
    Cahar

    Reply
    1. Peng Cheng Post author

      Hi Cahar,
      Do I need to be back in Australia before then or can I stay away whilst the RRV expires and apply for a new one before I come back?
      As explained above, you can meet the requirement of the RRV even after your current visa expires.
      How long can I stay away for so that I’m eligible for future RRVs?
      I refer you to the eligibility requirements outlined above:
      Resident Return visa – valid for 5 years
      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.
      Please see above for requirements for 1 year RRV.

      My medicare card may expire while I’m away. Will a new one be sent to be automatically?
      You need to ask Medicare.
      PC

      Reply
  53. Jigar Vadher

    Hi Peng,

    I have been struggling to get answer for a simple question but unable to get it through any medium and thus seek your expert advice on the same. Before i ask my question i would share the basic information of my PR visa.

    Granted PR Visa on 20 April 2011 and which is valid up to 20 April 2016.

    Till now i have been to austalia 3 times in 2011/2012/2013 for total stay covering more than 60 days and now i am planning to go to Australia permanently in January 2015. and Since i will be moving there in January 2015 i will not be able to complete 2 years stay in 5 years period.

    My questions are as under:

    a) If i land in australia in january 2015 and i apply for RRV for 5 years after completing 2 years stay in the month of January 2017 – Will the department issues me 5 year RRV or they will say that in your 5 year visa period you have not stayed for 2 years and so you will be not eligigle for 5 years RRV?

    b) In continuation to the above question only, does the stay of 2 years mean that you need to stay for 2 years during your 5 year visa period OR 2 years stay preedecing the day when you make and RRV application?

    Your inputs on the above questions will be of great help to me.

    Regards,

    Jigar

    Reply
    1. Peng Cheng Post author

      Hi Jigar,
      a) If i land in australia in january 2015 and i apply for RRV for 5 years after completing 2 years stay in the month of January 2017 – Will the department issues me 5 year RRV.
      You get a 5 year RRV if you satisfy the 2/5 year requirement.
      b) In continuation to the above question only, does the stay of 2 years mean that you need to stay for 2 years during your 5 year visa period OR 2 years stay preedecing the day when you make and RRV application?
      The last 5 years before you lodge is the relevant period.
      PC

      Reply
      1. Jigar

        Hi Peng,

        Thanks a lot for your helpful assistance and this is gonna surely help me now.

        Just one more clarification is needed.

        For making Rrv application you need to be a permanent resident and since my visa will expire in April 2016 and say if I make an application for 5 year rrv in January 2017 then while making application in jan 2017 will I still be counted as an permanent resident ….?

        Regards,

        Jigar

        Reply
        1. Peng Cheng Post author

          Hi Jigar,
          As explained above, you can still meet the requirements of the RRV even if your PR visa has expired.
          PC

          Reply
  54. Zoe

    Hi Peng,

    Me and my husband are Malaysian and we are holding PR visa 155. My daughter was borned in Australia last year and I understand that she is automatically Australian citizen. We are planning to travel this year and have to apply a passport for her. My questions are
    1) Can I apply both Malaysian passport and Australian passport for her?
    2) Assuming that she can only hold one passport and travelling with Malaysian passport, what kind of visa should I apply for her to stay in Australia?
    Thank you.

    Best Regards,
    Zoe.

    Reply
    1. Peng Cheng Post author

      Hi Zoe,
      1. Based on the above, she is entitled to automatic citizenship. Australian law does allow a person to hold more than one passport
      2. Have a look at the 101 or 802 child visas
      PC

      Reply
  55. RT

    Hi PC,
    We are working on our first RRV. Our PR is expiring in Sept 2014 and currently I’m living & working in Australia. My family (wife & kids) and myself relocated to Australia initially and they moved back 1 year later (due to family reasons) while I stayed back in Australia. Currently I still live and work full time in Australia while my family is still outside of Australia. I had a brief look at the Immi website and found 1 year RRV is no longer available. Perhaps you could answer my questions below.

    1. I have fulfilled 2/5 years and should get 5 years RRV. But my family is not able to make up 2/5 years – Can they still get 5 years RRV? BTW, I’m the head of the family.

    2. Do we need to submit together? Very likely I will do it onshore and they will do it offshore but all going through the website.

    3. Should we apply the RRV before expiry?

    Many thanks.

    Reply
    1. Peng Cheng Post author

      Hi RT,
      Not sure what you read but the 1 year RRV is still available.
      1. They can get a 1 year RRV at best
      2. RRV applications are actually separate applications for each individual applicant – including children under 18
      3. As explained above, they can still meet the requirement of the RRV even if their current PR has expired
      PC

      Reply
      1. RT

        Hi PC,
        Thanks for the clarifications.

        3. Should they only apply RRV before they re-enter Australia? Since they only get 1 year RRV and might not travel into Australia within that period. Do you know the processing time for RRV?

        Thanks.

        Reply
        1. Peng Cheng Post author

          Hi RT,
          Processing time is just 1-2 weeks normally – as explained above, they can apply for the RRV when they are in and outside of Australia.
          PC

          Reply
  56. geo

    Hi Peng,

    Fantastic website !!!

    My query is straight forward, once i get an RRV for 5 years and leave Australia just after that and come back only just before its expiry will it be a problem? or in another way am i required to be in Australia for any specific period during my first 5 year RRV to be eligible for a second RRV? or can i come back just before expiry and stay here for ever?

    Thanks in advance.

    geo

    Reply
    1. Peng Cheng Post author

      Hi Geo,
      You are not obligated to be in Australia – you can return on that RRV as long as it is valid.
      As explained above, your time in Australia can effect your eligibility for future RRVs.
      PC

      Reply
  57. KCd

    Hi Peng,

    Thanks for taking the time to help everyone with their queries.

    As a NZ citizen with Australian permanent residency, I do not need to file any RRV’s am I right as this does not restrict my travel in and out of Australia even after the PR dates expire ( because I hold a NZ passport)? Is this a correct understanding?

    Again, thank you.

    Reply
    1. Peng Cheng Post author

      Hi KC,
      You need an RRV in order to maintain your Australian permanent residency – if your PR expires and you enter on a 444 temporary visa, then you would have the rights of a temporary visa holder.
      PC

      Reply
  58. KCd

    Thanks for that Peng. The next option ( the wiser) I believe for me is to go for AUS citizenship as I qualify now ( become dual), eliminates the need for any RRV’s ( which is more expensive over time). I have been agonizing over going for citizenship or not and just go the whole ritual of RRV’s . I now realize I could lose the rights of permanent residency
    ( and citizenship with it too) if I don’t do anything. And once extended travels become unavoidable, proving compelling ties could potentially be a huge hurdle.

    Reply
  59. Gunjan

    Hi,

    I went to Australia with spouse visa and got my PR as my husband was Australian citizen. my PR was renewed on 2012 and will expire on 2017. Now i am seperated from my husband and my divorce case is filed in Indian court. I am in India from past 8 months. in next 4 months time i will get divorce. Can I enter Australia after I will get divorce??

    Regards
    Gunjan

    Reply
    1. Peng Cheng Post author

      Hi Gunjan,
      Your divorce won’t affect your PR visa – you can enter Australia on this visa as long as it is still valid.
      PC

      Reply
  60. Marie

    Hi,

    We have just moved to Australia last month. Our kids have started school here and my husband has started work here(he has a contract). We have permament residency. It expired last january 2013 and we came out on holidays and got a one year RRV. That expired 30th January 2014. So we arrived out here in January 2014 and as I said the kids have started school here and my husband is working here. My dad is very elderly and I want to go home and visit him at some stage or am afraid I will get a phone call to come home. I want to be prepared for that so I want to apply for a 1 year RRV so at the drop of a hat I could fly home and not have to worry about how I would get back into the country.

    If I apply for a 1 RRV would I get it on the basis that my husband is working here, my kids are in school here and we have a rental lease agreement here? It would only be me applying for it? We have not spent any time in Australia before this year except on holidays.

    Thanking you in advance for your reply
    Marie

    Reply
    1. Peng Cheng Post author

      Hi Marie,
      If I apply for a 1 RRV would I get it on the basis that my husband is working here, my kids are in school here and we have a rental lease agreement here?
      I think that these ties should be sufficient, and you should satisfy the substantial ties requirement for the 1 year 155 visa.
      PC

      Reply
      1. Marie

        Hi Peng Cheng

        Thank you for the quick reply. Do you think I can apply online or would I have a better change ringing and making an appointment? If you are applying for a RRV do you have to make an appointment or can you just go in on the day and apply in person at the immigration office?

        Thanks again
        marie

        Reply
        1. Peng Cheng Post author

          Hi Marie,
          Best to lodge an online application if you are applying for a RRV – its easier than lodging a paper form application.
          PC

          Reply
          1. Marie

            Hi Peng.

            Just writing to say thanks for your advice. I applied online for a 1 year RRV and was granted it because we had substantial ties. So thank you for your advice and help you give so many people.

            Thanks
            Marie

  61. dan

    Hi,

    Great website, very useful info. I have a PR that is expiring in April 2014, however I have only been able to stay in Australia for a period of 5 months in the last 5 years. My wife and 2 children are Australian Citizens. I have a business over here that I am a director of with one of my son, and own a property in Australia.
    Do I qualify for the RRV (1 year) Subclass 155 ? Also after getting a RRV for 1 year, would I be able to reapply for it again the year after? I have a business overseas and I need to be there actively to manage it and thus will not at this time be able to stay any longer in Australia, I have invested a lot in the overseas business and I need to be there to make it work.

    Thanks
    Dan

    Reply
    1. Peng Cheng Post author

      Hi Dan,
      You probably have sufficient ties.
      You can apply for the RRV as many times as you want.
      PC

      Reply
  62. Ayesha Syed

    Hi,
    I was granted PR visa in 2008 and went to Australia in Jan 2009 and stayed there till third March 2010 then I returned and got married to my present husband. I could not go back due to family problems and then I gave birth to my only child. My visa expired in August 2013. My parents returned to Australia and they are now Australian citizens. I want to return to Australia. My question is since I was there less than two years if they gave me return visa which is valid for one year then can I apply for my husband and baby? I can not leave without my baby as she is totally dependent to me. And I also want to know can I apply for my baby and husband from outside Australia and if yes then how long the process will take. Thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Ayesha,
      If you are granted a RRV, then your partner can apply for a partner visa – 309/100 visa. Your child can be included in the application. If he applies when he is in Australia, then he would be applying for the 820/801 visa.
      PC

      Reply
  63. Eid

    Hi peng
    I have PR which was granted 09/2011 . When I can apply for australian citizenship ? And how long I can stay overseas to doesn’t affect or doesn’t delay of getting my citizenship?
    Thank you
    Eid

    Reply
    1. Peng Cheng Post author

      Hi Eid,
      Have a read of: http://www.citizenship.gov.au/applying/how_to_apply/conferral_app_process/
      The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia.
      You must:
      have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and
      not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying.
      PC

      Reply
  64. Emil Lee

    Hi peng,
    Very informative website. My husband and i got a one year rrv which expired in 18 march 2015. My question is what is the minimum stay requirement in order for us to be able to reapply our rrv after it ends. And is it possible to get a 5year rrv after a 1year rrv?
    Thank you
    Regards
    Emil lee

    Reply
  65. Emil Lee

    Hi peng,
    Thank you for the quick response.i have 2 questions. I only have 1 son who is 11 year old and he is oz citizenship. I am planning to let my son finish his junior high overseas which is another 3 years. During this 3 years we are planning to visit oz during his school holidays which means in a year we will stay in oz around 2 to 3 months. i was thinking of keeping applying for a 1 year rrv three times, then move to oz after 3 years.
    My questions are
    1. Can we reapply for a 1year rrv if we stay in oz only for 2 to3months. Is there a minimum stay requirement for a 1 yesr rrv?
    2.can we keep reapply for 1 year rrv until 3 times? I was thinking of reapplying for my rrv in oz 1 month before it expires
    Any information that u can share would be highly appreciated.

    Regards
    Emil lee

    Reply
    1. Peng Cheng Post author

      Hi Emil.
      1. As explained above, the minimum requirement for the 1 year RRV is: 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. You have not been absent from Australia for a continuous period of 5 years or more since the grant of your permanent residency visa
      2. Yes – there is no limit on the no. of RRVs that you can be granted.
      PC

      Reply
  66. Emil Lee

    Hi peng,
    I just would like to thank you for your help and patience in answering everyone’s letter. Your information is a great help for me and my family.
    Regards
    Emil lee

    Reply
  67. Mary

    Hi Peng

    My son’s PR has expired in September 2013. He applied for citizenship sometime in late 2013. He left the country without realising that his PR has expired and entered Australia via a tourist visa. The reason he left is to get a police clearance from Singapore for the application. Apparently now his application for citizenship is put on hold as he is on a tourist visa. Can he apply for a RRV and at the same time still proceed with the citizenship application? Would his application for citizenship be terminated based on the above grounds? Your advice is much appreciated. Thank you!

    Reply
    1. Peng Cheng Post author

      Hi Mary,
      Assuming that there are no conditions on his current visitor visa which prevent him from lodging a further visa application (he would need to check the conditions on his tourist visa), he should be able to lodge an application for a RRV.
      PC

      Reply
  68. Haikel

    Hi peng, Thanks for this webside it’s really help full, I do have question hopely you have a time to answer , im holding permanent visa and stay in Australia less then 2 years my visa will expire 30 maret 2017 , in mean time while living in Aussie I do have some opportunity bussines in overseas that’s mean I’m not gonna back again in Aussie probably for 8 years , and I will bringing as well my wife and my doughter with me . My question is do I eligible to apply rrv while in overseas just to let you know then my wife and doughter are australia citizens and I do have a vacant land in Australia .. Are you recond this will be a good sub ties to apply rrv.. Just to let you know then we are leaving in Sydney . Thanks and big regard

    Reply
    1. Peng Cheng Post author

      Hi Haikel,
      Living with your Aus citizen wife and daughter overseas should be sufficient to satisfy the substantial ties requirement.
      PC

      Reply
  69. Gaurav

    Hi Peng,

    Me and my family (wife and 2 kids) received our Australian PR on 12th Feb 2014 and need to make our first entry to Australia before 24 Nov 2014. I actually plan to move first and look for a job before calling my family there.
    I have a few questions regarding this. Is it compulsory that my family also should make their first entry before 24 Nov or is it fine if only I travel first. Also, what happens if none of us make our first entry before 24th Nov.

    Thanks
    Gaurav

    Reply
    1. Peng Cheng Post author

      Hi Gaurav,
      If you are talking about condition 8504, then not complying with this condition can lead to visa cancellation. This condition is likely to apply to the dependent visas as well, but you can check the visa grant notice to confirm.
      PC

      Reply
  70. Rapotan

    Hi Peng, my name is Rapotan. Please advice me in order to renewing my PR. Are there new requirements to renew Australia’ PR visa ? Is that true one of the new requirement is at least 3 years stayed in Australia.I heard from my friends who are staying in Australia now. I try to find the news on Australia’ gov web, hovewer i haven’t get it. Please inform me the update requirements. Much appreciated.

    Reply
  71. Jimmy

    Hi Peng Cheng,

    I just became permanent resident here in Australia. If I am employed by an Australian company to represent them outside Oz for a few years, is this period of time counted as my residency toward my citizenship requirement?

    Thanks

    Reply
  72. imran

    I am a permanent resident in australia. If my wife come to australia on visit visa and give birth to a child, will my child be a citizen?
    Thanks in advance

    Reply
  73. Kimiyo Okumura

    Hello Peng

    Thank you for your useful website.

    I’m a current Permanent Resident of Australia. At present, I hold a Sub Class 155 visa, due to expire on Dec 22 this year. I’m Japanese, living in Japan with my husband who is an Australian citizen. We have lived here in Japan since 2004. We’ve travelled to Australia every 2-3 years for holidays to see family, however, we’ll stay in Japan for the foreseeable future because of work and family commitments. Is it possible for me to keep my PR status? or should I just get a tourist visa?

    Many thanks in advance for your kind assistance.

    Kimiyo

    Reply
    1. Peng Cheng Post author

      Hi Kimiyo,
      You should be able to satisfy the requirements for a 1 year RRV. Living with your Australian husband overseas should be sufficient to satisfy the substantial ties requirement. RRV is an online application – processing time is around 1-4 weeks.
      PC

      Reply
  74. george

    hello peng

    my partner has the subclass 100 permanent visa which doesn’t expire untill 2019 we want to go back to indonesia for 6 months holiday-family visit,is it ok to leave australia for this amount of time and then come back

    thanks

    Reply
    1. Peng Cheng Post author

      Hi George,
      That is fine – your partner can use that via to travel and enter Australia as long as it is valid.
      PC

      Reply
  75. Tir

    Dear Peng,

    Thank’s for your helpful assistance. Actually, my PR has expired a month ago but I’m inside Australia at the moment and I’ve been staying inside Australia just around 3 months during previous 5 years, considering above please reply me on the following questions:

    1- As I’ve taken for previous comments & view points, technically there’s nothing as Renewal of Australian PR existing and so long as someone is inside Australia, even with expired PR, it is legal to stay, take job and so on and I DO NOT need to take any action to extend or renewal the visa!?

    2- As I’ve been here for 3 months during last 5 years, in case of making decision to travel outside, so do I have to apply for visa – 155 ?! It is strange that nothing has been pointed out in DIAC website about 1 year RRV visa under visa subclass 155?!

    3- As I have to provide some evidences as my ties to Australia, I just can provide a bank account with amount of money (10,000 to 20,000 AU$), my enrollment in TAFE programs, my cousin living here as student and some daily-use property like my car. So do you think these elements can work as satisfactory staffs for officer to grant me 1-year RRV?

    4- As I have a plan to leave country in next 1 year and I’m seeking to find a job in my profession, do you think that working in Australian company and receiving a letter of employment can have better result?! Isn’t it better to submit visa request later when I get a job here or fill more times inside Australia?

    5- Which method is better to submit the request, online or by person? As I have to provide evidences, is that possible to submit attachments by online method ??

    Thank you very much in advance for your kind assistance and your helpful consultants,

    Regards,
    Tir

    Reply
    1. Peng Cheng Post author

      Hi Tir,
      1. You still hold Australian permanent residency
      2. 155 visa may be appropriate
      3. If you are studying full-time in Australia in TAFE, then your ties may be sufficient – but this is up to the individual assessment and discretion of the case officer
      4. Having a job offer that aligns with your experience and background is a strong tie
      5. Online application is easier – you upload documents after lodgement

      Feel free to contact us if you need assistance with the application.
      PC

      Reply
  76. Vicky

    Hi,

    My PR visa is expiring 06/07/2014, when do I need to lodge application for a RRV? I will be leaving the country from May-June 2014. Please advise, thanks!

    Reply
    1. Peng Cheng Post author

      Hi Vicky,
      As explained in the above post, you can meet the requirement of the RRV even after your current PR expires. It is up to you when you need to apply.
      PC

      Reply
      1. Vicky

        Does that mean if I return prior the PR visa expiry date 06/07/2014, I do not need to apply for RRV and be able to stay indefinitely in Australia till my next trip?

        Reply
  77. Marna

    Dear Peng,

    We were granted Sub Class 136 in Nov 08 and last year Nov13 was our cut off date to be in Australia. We stayed in Australia for 8 months and then went overseas. When we applied for our RRV visas we got a 1 year visa and are due to expire Nov 14. I would like to know the following: Our 1year old twin sons were both born there and are Australian Citizens, we have a bank accounts with funds there and even a loan at Comm Bank. We are planning on returning to Australia once my husband has finished his 3year contract with his current company. Now that being said, once our RRV visas expire in Nov14 can we reapply & qualify for another 1year RRV visa?

    Reply
    1. Peng Cheng Post author

      Hi Marna,
      Having Australian citizen children should be sufficient for the substantial ties requirement.
      PC

      Reply
  78. Mamta

    Hi Peng,
    My Husband has got a PR in Australia which will be expiring in April, 2015. He has not stayed in Australia for 2 years , though has been there thrice till now.
    My question is : Can he get an extension of the PR by buying a small property in Melbourne.
    If yes, how much will be the extension ? What is the procedure?
    Thanks
    Mamta

    Reply
    1. Peng Cheng Post author

      Hi Mamta,
      I haven’t tried an application where the only claimed tie is a property – although this probably isn’t the strongest of applications. It really is up to the discretionary decision making of the case officer at the end of the day
      Application fee is currently $130, and you can lodge an online application.
      PC

      Reply
  79. Imran

    Dear Peng,
    I hold a subclass-175 PR Visa that expires on 15-March-2016. So far I’ve been to Australia just for once (only for 17 hours). I am planning to come to Australia in January, 2015 and then stay there till the visa expires so that by the time my visa expires; I would’ve lived for more than 1 year (but less than 2 years). I am planning to find a job and live in Australia. I would also need to travel back to home (Pakistan) once or twice a year for which I would require a RRV-155 1 year Visa. In order to prove that I have Substantial ties, will it be sufficient if I provide an employment letter as proof of employment? Also please let me know if I spend 1 out of 5 years in Australia with my current visa, do I need to provide a Compelling reason for absence from Australia for 4 out of 5 years?
    Thanks,
    Imran

    Reply
    1. Peng Cheng Post author

      Hi Imran,
      Having a genuine job offer that aligns with your career experience should be sufficient. You won’t need to demonstrate compelling reasons.
      PC

      Reply
  80. JUDY

    We are Australian permanent residents, working and living in Dubai. Our PR expires in September 2014. We have been in Australian for couple of weeks during the last 5 years.
    Our daughter who is 8, is currently undergoing a complicated orthodontic treatment for an impacted tooth. The treatment was done under two general anesthesia sessions over 5 month intervals (July and Dec 2013). The treatment is successful though it is taking a longer period than anticipated. As per the recent discussions with the doctors we have been given the assurance that the treatment process will be completed by Dec. Hence will this be considered a compelling reason to obtain a 3 month RRV? We can submit all the necessary supporting evidence.
    Your advice is highly appreciated.

    Reply
    1. Peng Cheng Post author

      It is a discretionary decision so can’t confirm whether this will be accepted. You may have a reasonable case.

      Reply
  81. Bhumika

    Hi Peng,

    Myself, my husband and my son are holding a PR which expires in march 2015. My husband has been staying here since past 2 & half years with a very good job. But myself and my son stay abroad as my mother in law doesn’t keep well and I have to take care of her. We come every year for 2 or more months to spend time with my husband. Now the question is,
    1. My husband would be applying for citizenship next year. Can he include my son’s name for citizenship?
    2. Is it necessary for my son to be present here at the time of application of citizenship?
    3. Can I get the citizenship as his dependent?
    4. If not citizenship then for my RRV, Is the reason sufficient that my husband stays here and I stay abroad to take care of my mother in law?

    Reply
  82. Jay

    Hi Peng,

    I’m a UK passport holder and has an AU PR status and has been living in AU for the last 7 years. International Travel Facility on my PR expires next week which in theory means I need to have a valid visa to be able to travel internationally and return to Australia.

    In the event I travel in 2 weeks time and still hasn’t got my RRV upon my return, will I be allowed to return to Australia based on having a UK passport which does require a visa to enter AU.

    In the same manner, being a UK passport holder and having an AU PR status, does that mean I can do away without having an RRV?

    Thanks
    Jay

    Reply
    1. Peng Cheng Post author

      Hi Jay,
      You need a valid visa to enter Australia – you don’t have the right to enter Australia just because you have a UK passport or because you have lived here for a number of years. If you don’t have a valid RRV to return to Australia on, you can get a temporary visa like a ETA to enter Australia.
      PC

      Reply
  83. Michael

    Hi,
    I got my PR visa on 2006 August. After 5 years, I renewed my PR visa in 2011 November and my next expired date is 2016 November. Since then, I have live in Australia for more than 2 years. Recently, I got a job offer at overseas and required a long terms commitment for new job.

    Q1. From now to 2016 Nov is approx 2 years and 7 months then my PR will be expired. By that time, I will still be at overseas working, I wanted to double confirm if I can apply for 5 year RRV online at overseas, since I already achieved my 2 years stay in Australia? How do I get my RRV confirmation?
    Q2. If I can apply online at overseas, is there a time that I must lodge my 5 year RRV? Have to be apply before or included the last date of the expiry date or it can be anytime after the expiry date?
    Q3. If I got my 5 year RRV when I apply during my time at overseas, does the continuos 5 years calculate from the first day of my RRV granted or on the first day I am at overseas this year?
    Q4. Following with Q1 and Q3, from the first day I started working in overseas to the last day of my PR visa (2016 Nov) which is 2yrs & 7 mths, then apply 5 years RRV after 2016 Nov, then working for another 3 years overseas until (2019 Nov), and then come back to Australia for the remained 2 years before renew my next RRV. Am I still getting my 5 years RRV, eventhough, between 2yrs & 7mths and after new RRV granted, I still spend 3 yrs continuosly working in overseas which will be 5yrs & 7 mths altogether?
    Q5. Other senario, in between 2yrs & 7mths and the new 3 yrs, I travel in and out Australia few times for holiday until the new 4th year (after 2019 Nov) I return to Australia to complete my 2/5 years. Am I still getting my 5 years RRV?
    Q6. If somehow, I still at overseas working over the 5 years or more, but in those 5 years, I travelled Australia few times and can’t cumulate 2 years. I understand that I can apply for 1 year RRV. My question is after I applied 1 year RRV and stay in Australia for 1 year or more, then I wanted to travel overseas for holiday, I will be granted the new 5 years RRV or will remain as 1 year RRV for the rest of my life? If so, how can I get back my 5 years RRV?

    Thank you. I looks forwards to hearing from you soon.

    Reply
    1. Peng Cheng Post author

      Hi Michael,
      1. If you meet the requirements for the 5 year RRV, then you can apply online for this visa.
      2. As explained above, you can meet satisfy the requirement for the RRV even after your current PR expires. You can apply at anytime that you meet the requirements.
      3. Visa is valid for 5 years from when it is granted (or however long the visa is valid for).
      4. You can get a 5 year RRV whenever you can meet the relevant requirements – and the same applies for the 1 year RRV. Think that answers 5 and 6.
      PC

      Reply
  84. Duncan

    Dear Peng
    Great web site – best facility I have seen online.

    My wife, two teenage age sons (now 18 & 16) and I emigrated permanently from NZ in 2012 and have temporary resident visas (working as a hotel manager for close to 3 years). One son is now attending university and would benefit from having PR (HEX).

    We lived in Australia for approx 20 months in 2002/03 with visits between times but we had a 5 year 6 month gap (I have received an official record of my entries).

    My parents live in Australia with PR and we have been forming close ties to the Gold Coast community where we live.

    Is my son best to apply for PR on his own or apply as a family with my employers sponsorship?

    Thanks
    Duncan

    Reply
    1. Peng Cheng Post author

      Hi Duncan,
      Thanks for the feedback.
      If your son is attending uni after completing high school, then he would still be a dependent and can be included in your employer sponsored application.
      PC

      Reply
  85. Kate

    My sister was granted PR in 1975. She lived and worked in Australia until 1992 – only leaving for short holiday breaks.
    On leaving Aust in 1992 she had a current and valid RRV.
    However, whilst she was away her husband passed away causing her to remain overseas indefinately.
    During her time away she remarried, but her second husband died after a long illness.
    She has no children and is now retired from the workforce
    She has applied for a i yr RRV and is hoping to resettle in Australia permanently.
    She is financially independant. I (her sister and closest relative ) am an Australian citizen and live and work permanently in Australia. She considers me as a compelling tie to Australia
    What do you think her chances of obtaining an RRV are?

    Reply
    1. Peng Cheng Post author

      If the only tie is a sister, then I don’t think that this alone is sufficient.

      Reply
  86. Duncan

    Hi Peng Cheng

    Thanks for the promptly reply.

    1. Is there any chance I can get an RRV even though I lived outside Australia for 5.5 years?
    2. I understand I need a strong reason (eg poor health, family bereavement or education etc) to justify leaving Australia for greater than 5 years. I left to raise capital to buy a business in Australia which I have now succeeded in doing. Is that a strong enough reason?
    3. Is it a better option (time, costs, benefit etc) for my 18 year old son to apply for PR independent of our family?

    Thank you again.

    Regards
    Duncan.

    Reply
    1. Peng Cheng Post author

      Hi Duncan,
      Personally I don’t think that the above reason is very strong.
      Don’t know anything about your son’s situation to make a recommendation.
      PC

      Reply
  87. Duncan

    Hi Peng
    Thank you for replying – I hope you don’t mind me asking more questions as I am looking for the most affordable/reasonable PR solution.

    Given my RRV options are few then perhaps I am best to start my sons PR process. However my employer sponsorship option is also available I understand.

    My son started Uni this year, he has been living in Australia since dec 2010 and I currently pay for his fees and accommodation. He also lived outside Australia for 5.5 years. He works at a cafe during his holidays and is very involved in the community with sport, social and study. Can he achieve RRV or should he start a PR application process?

    Regards
    Duncan

    Reply
    1. Peng Cheng Post author

      My son started Uni this year, he has been living in Australia since dec 2010 and I currently pay for his fees and accommodation. He also lived outside Australia for 5.5 years. He works at a cafe during his holidays and is very involved in the community with sport, social and study. Can he achieve RRV or should he start a PR application process?
      Sound like your son may meet the substantial ties requirement if you applies for the RRV. You may then be able to claim your son as a substantial tie

      Reply
  88. Duncan

    Hi Peng
    Which visa subclass is the most appropriate for me (on my sons behalf) to use when applying for the RRV?

    Thanks for your assistance.
    Regards
    Duncan

    Reply
  89. Norman

    Hi Peng,
    What is the current RRV turn around time. My wife completed a RRV around 22nd April. The last 12 month RRV expired in January and she needed to replace current UK passport at the time. However circumstances meant we couldn’t travel back to Australia from the UK to take up residency within the 12 months due to wife’s mother being extremely ill in hospital a number of times after returning from Australia early in 2011. I am an Australian citizen and lived their for 29 years from birth and our only child is an Australian citizen studying full time in an Australian University. We have booked to travel to Australia to be with our son and check out the housing market in the middle of June. How long should we wait a RRV decision and what are our options? My Mum is an Australian citizen from birth and is almost ninety and I am her only child, therefore I would have considered there is substantial ties, given our son is an Aussie citizen resident in Australia and I am an Australian citizen wishing to return home.
    Regards Norman

    Reply
    1. Peng Cheng Post author

      Hi Garry,
      Processing time should only be around 1-2 weeks.
      It sounds like your wife will satisfy the substantial ties requirement.
      PC

      Reply
      1. Norman

        Thanks Peng for the quick response and the blog.
        It is now over 3 weeks since my wife applied electronically then added attachments after 24 hours. If it gets to the start of June and still no RRV after 5 weeks, should my wife get an electronic eVistors (651) visa (assume this can be done in 24 hours) as she will need to have some visa to enter Australia – or can she contact the Australian Border Force by phone to determine delay. If she has to enter on eVistors (651) will this affect the current RRV application or will she have to start the RRV process again later in the year. Quite stressful for an application which last time took 5 days.
        Regards Norman

        Reply
        1. Peng Cheng Post author

          If the applicant is outside of Australia at the time of application, they must also be outside of Australia at the time of decision – that is what the law requires. If she enters on a 651 visa and she wants a RRV, she would need to lodge a new application while she is in Australia.

          Reply
  90. Felix

    Appreciate your help to feedback on below:

    1. Is RRV new expiry date equals to RRV approval date plus duration or existing RRV expiry date plus duration granted? For example, if I apply on 1st Jun 2014 before expiry in 1st Oct will I get additional 1 year (assume 1 year RRV) with new expiry date 1st Oct 2015 or 15th Jun 2015 (if approved on 15 Jun 2014).

    2. If I apply RRV onshore at Australia and have to travel back to foreign country before approval, will it affects the application?

    Reply
    1. Peng Cheng Post author

      1. Newly granted RRV will be valid for 1 year or 5 years from the date of grant – there is no extension to an existing visa.
      2. You can be granted the visa even if you are outside of Australia.

      Reply
      1. Felix

        Thanks for the reply.

        If the new RRV is rejected before existing visa expire, does that mean the existing RRV visa is invalid immediately?

        If new RRV rejected in Australia, can I continue to stay in Australia and reapply later? For example, stay for 1 year then apply.

        regards,
        felix

        Reply
        1. Peng Cheng Post author

          No the decision shouldn’t impact the validity of the current visa.
          Yes sure – you can re-apply at any time that you satisfy the requirements.

          Reply
  91. Dinesh Kumar

    Hi PC

    I was granted PR in 2006 and I made an initial entry for one month and came back due to ill health of my mother, I again went to Australia in Sep 2010 and stayed over there for 3 months & again came back due to family reason ( ill health of my son), our PR visa was expired in 2011.

    With a stay of just 4 months in Australia what is my chance of success if I apply for RRV.

    Regards
    DK

    Reply
    1. Peng Cheng Post author

      Dinesh,
      You would need to demonstrate substantial ties with Australia which is explained in the above post. Can’t determine your chances just based on the above since we don’t know anything about your ties.
      PC

      Reply
      1. Dinesh Kumar

        Hi PC
        My RRV looks difficult. I read in one of Australian forum that in such scenario one should travel to Australia on Visitor visa and should apply RRV onshore and in case of refusal one can file MRT and bridging Visa to remain in Australia till the verdict.
        Please suggest
        Regards
        DK

        Reply
  92. Irfan Awan

    Hi Peng,

    I was granted Australian PR in Mar-2012 & I travelled Australia Twice (for two weeks in 2012 & for two months in 2013). During this period my wife has given birth to two babies (One in Nov- 2012 & Second in Dec-2013). At the moment because of two infant babies its difficult to relocate from Dubai as my wife need some family support which we have here. My one baby is Australian Citizen while other one is on PR. On the basis of current situation I have following Questions:
    i) Can I apply for atleast one year RRV after expiry of my visa on Mar-2017? keep in mind that I didn’t stay for 02 years.
    ii) Can my situation be a possible compelling reason for leaving abroad?
    iii) If I will get one year RRV then Can I apply for 05 years RRV after expiry of previous one?
    Many thanks for helping me out.

    Best Regards,
    Irfan

    Reply
    1. Peng Cheng Post author

      Hi Irfan,
      1. Your family ties may be sufficient to satisfy the substantial ties requirement – I’d say most case officers will accept this as sufficient but this is a discretionary decision
      2. You won’t need to show compelling reasons for your application since you haven’t been absent for a continuous period of 5 years
      3. Yes if you meet the requirements
      PC

      Reply
  93. Tracy

    Hi Peng

    My husband and kids’ visas will expire in March 2015 and they will not be able to satisfy the 2-year residency for the 5-year RRV. I currently live in Australia and will apply for the 5-year RRV when I complete the 2-year residency here in Australia, likely to be in Jul/Aug 2015. I understand that I should be eligible for the 5-year RRV. Please correct me if I am wrong.

    I read from the immi website that RRV (1-year) might be granted for my husband and 2 kids who have not spent two of the last five years in Australia if they :
    “……. are the partner or dependent family member of a person who holds a subclass 155 visa, or who has also applied for a Resident Return visa and satisfies criteria for grant.”

    Under this circumstance whereby I will be granted the RRV (5-year) since i have spent 2/5 years in Australia, can you please advise if my husband and kids will be eligible for the RRV (1-year) since they are the partner (my husband) and dependent family member (my kids) of me, a person who holds a subclass 155 visa?

    Looking forward to your reply and thanks for this amazing helpful website.

    Thank you.
    Tracy

    Reply
  94. Michelle

    Dear Peng

    I really appreciate this website. I find it more informative than the immi.gov website. :P

    My dad currently holds a One-Year RRV that is due to expire on 10 June 2014.
    He has not been able to travel to Australia since his RRV was granted last year. The primary reason for that is his post-cancer treatment and current medical conditions require regular (every 2 to 3 months) follow-ups.
    Both my sister and I are Australian citizens and we have lived in Australia for 18 years now.
    My dad has lived with us in Australia previously but he has not yet obtained citizenship.

    We definitely would like our dad to live with us permanently as we have lost our mum to cancer and dad is now in his seventies. He is keen to return to Australia also.

    If we were to request an extension on his current RRV, could you see a reason why he would be refused one?

    What would you recommend to be appropriate steps/visa options for us to consider?

    I appreciate your advice.

    Michelle

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      The RRV sounds like the right visa – application is just an online application.
      As explained in the above post, he would need to demonstrate substantial ties with Australia – whether the ties that he is claiming is sufficient is up to the discretionary decision-making of the case officer. I’d say that his ties should be sufficient, but this isn’t the strongest application and some case officers may decide that he doesn’t have sufficient ties.
      PC

      Reply
  95. jenn

    Hello :) i am a born Canadian citizen, but got granted permanent residency in Australia through my defacto partner last year. My 5 year travel period ends in May 2018. My plan was to spend the first 2 years of that in Australia then go back to Canada until about a month before it expires. If i do this, when i return before expiry in 2018 will i be granted a 5 year RRV? if i wish to at that point, could i leave again for just under 3 years and just make sure that i am back in Australia to spend the 2 years before it expires again? is it possible to just keep doing that and going back and forth countries as long as you spend 2 years each time? or do they only give RRV’s couple times? if you got a 5 year RRV and left the country right away, coming back at the end for 2 years can you stay in australia after that expires?

    sorry for so many questions :)
    jenn

    Reply
    1. Peng Cheng Post author

      Hi Jenn,
      There is no limit on the number of RRVs that you can be granted. If you meet the requirements, you can apply at any time – if you continue to satisfy the visa requirements, then you will be granted a 5 year RRV when you apply.
      PC

      Reply
  96. Jay

    Dear Peng,
    Whenever we have an issue we think of your website. Thanks a lot for helping us to clarify things.
    My question is,
    Our PR is due to expire by 10th jan 2015. My wife and child are now in Australia since 10th Jan 2014. I am not there.
    But i am planning to go there in December to apply for RRV. We all plan to apply RRV in December. By the time I apply for RRV in december 2014 my wife and child are there for about 10 months and child is schooling and my wife is doing a casual job and they are living in a rented house.
    1. on these grounds will they get RRV for 1 year and will i also get RRV for 1 year as my family members are there and planning to settle down although i was not there.
    2. can i continue to apply for 1 year RRV like this in the future based on my family members.

    3. This is question on visit visa (600)- can visit visa holder apply for an extension from Australia. if so how many months maximum
    Kindly clarify.
    Thanks a lot
    jay

    Reply
    1. Peng Cheng Post author

      Hi Jay,
      1. You should all satisfy the requirements for the 1 year RRV based on the above information.
      2. You can apply as many times as you want as long as you continue to satisfy the requirements
      3. Yes that is possible – length of extension is discretionary but if granted, the extension is usually for 3 months.
      PC

      Reply
      1. Jay

        Dear Peng,
        Thanks a lot for your reply. and we really appreciate your service.
        Kindly clarify below related to Vist visa.
        I heard if visit visa is extended from Australia for further 3 months it is disadvantageous when visit visa is applied again (after a say break of 3 months). My mother in law got visit visa for 6 months and she is planning to get it extended by another 3 months after she traveled to Australia. If she wants to get Visit visa again for 6 months after returning and after a 3 months break will she be given that. or will they reject saying she got extension previous time.

        Thanks a lot.
        jay

        Reply
        1. Peng Cheng Post author

          Whether she is a ‘genuine’ visitor is a very subjective question so can’t provide a definite answer. Obviously staying in Australia for such an extended period of time does bring into question whether she is in Australia on a temporary basis.

          Reply
  97. Christa Potgieter

    Dear Peng
    Thank you for your very informative website.
    My family obtained a Class VE Resident PR Sub Class 175 July 2009 expiring July 2014
    My husband is the main applicant. The family entered in the requiered period for 3 weeks and
    my husband returned in October 2011 for a few weeks for job and relocation purposes.

    We were just getting ready to relocate to Australia when I was diagnosed with cancer of the thyroid
    in March 2012, our daughter was already taken out of school and enrolled with Cambridge International
    school to make the change easier.
    Due the the treatment every few months and extended periods without medication for
    ablasion etc we had no choice but to change plans.
    I have sufficient evidence as proof.

    1. Treatment is now over and we want to leave for Australia by September 2014 but now need to
    apply for a RRV 1 year Visa. Is the above a compelling reason?

    2. If we are granted this Visa, my daughter turns 18 in August. Will the RRV 1 year be granted to her as well.

    Warm Regards

    Christa Potgieter

    Reply
    1. Peng Cheng Post author

      Hi Christa,
      As explained in the above post, if you’ve been in Australia in the last 5 years as a PR holder, then you don’t need to demonstrate compelling reasons.
      You would need to demonstrate substantial ties for a 1 year RRV.
      If you have a 157 visa and you arrive while it is valid, then you can remain indefinitely as PR holders.
      You can apply for the 5 year RRV at any time that you meet the 2/5 year requirement.
      PC

      Reply
  98. Julia

    Hello Peng

    I currently live in Australia, and have been since September last year, and poses a Permanent residency visa.

    I am wanting to leave the country for a short holiday, however my visa expires soon. Would you be able to say what would happen if one tried to leave the country with a visa close to expiration, and enter back in to Australia if their visa had or was very close to expiration?

    Kind Regards

    Julia

    Reply
    1. Peng Cheng Post author

      Hi Julia,
      You can re-enter on a permanent residency visa as long as it is still valid. But you obviously can’t do this if the visa has expired.
      PC

      Reply
  99. Jen

    Dear Peng,

    Thank you for setting up such helpful and informative website! I have some questions that needs your expertise.

    My RRV is valid from Feb 2010 till Feb 2015. Within this period I have been overseas with my family and working. I have now left my job and come back into Australia just to fulfil the 2 year stay requirement. I calculated that I can just fulfil the 2 years stay if I do not exit Australia between now and Feb 2015.

    I am wondering if there are some circumstances that I have to leave Australia for few weeks (not enough to be considered as compelling reason), can I apply for the 1 year RRV to leave Australia and after this few weeks I return again to continue the 2 years stay that I was short of in order to apply for the 5 year RRV again? Is it possible to apply for 5 years RRV if I am holding the one year RRV? Does the 2 years stay within last 5 years still valid if I am holding the 1 year RRV? Or the calculation starts again from every new RRV granted?

    I have many close relatives in Australia including siblings and aunts and uncles with permanent residency and has been staying for more than 10 years in the country. Does this count as substantial personal ties that benefit Australia?

    Thank you!

    Regards,
    JJ

    Reply
    1. Peng Cheng Post author

      Hi JJ,
      I am wondering if there are some circumstances that I have to leave Australia for few weeks (not enough to be considered as compelling reason), can I apply for the 1 year RRV to leave Australia and after this few weeks I return again to continue the 2 years stay that I was short of in order to apply for the 5 year RRV again?
      Sure if you meet the requirements for the 1 year RRV.
      Is it possible to apply for 5 years RRV if I am holding the one year RRV?
      Yes
      Does the 2 years stay within last 5 years still valid if I am holding the 1 year RRV?
      Yes
      Or the calculation starts again from every new RRV granted?
      No
      I have many close relatives in Australia including siblings and aunts and uncles with permanent residency and has been staying for more than 10 years in the country. Does this count as substantial personal ties that benefit Australia?
      This can be claimed as a tie, whether it is sufficient is up to the case officer.
      PC

      Reply
  100. haikel

    hi mr cheng ,, nice to see this web,, its really full of information . i have a case im planning to do some bussines in overseas its probalby will take long term to stay in overseas ,, at the moment im holding PR visa and just stay for less than 2 years of 5 years .. in my case if i wanted to extend my PR visa while im in overseas its really can be accepted you reckon ? i have a daugther she holding aus citizen and she probably wiil be living with her mother in australia and just to let you know then me and my wife already divoice and she will living in australia with my daugther and my daugther will visit me sometime in overseas. my question is if i just have a daughter in australia you reckon that will be strong reason ..thanks a lot for your time

    big regards

    Reply
    1. Peng Cheng Post author

      Hi Haikel,
      You case would probably has a reasonable chance of success – I’d say most case officers would approve such an application but obviously can’t guarantee this.
      PC

      Reply
  101. SAM

    Dear Peng

    Thanks for this Wonderful website and am sure has helped millions. Following quick questions
    1. Our PR Initial Visa Expires 1st Dec 2014 – Self being the main Applicant with my wife and daughter also PR – We all made our initial visit in 27th March 2010 and Departed 10th April 2010 – due to my biz travel have visited Austraila Feb/March 2013, Jan 2014 and Presently in Australia for biz until 18th June 2014
    2. Due to our daughter critical period of transfer to secondary education we may not be able to make it to Australia until July 2018 – can I apply 157 visa say in month of end April 2018 and enter the country before the 3 months visa expiry period – We presently live in Hong kong and can I make application on-line or at Hong kong
    3. My younger brother is an Austrlain Citizen – we both own a joint property with equal contribution and have appiled for construction approval and awaiting for it – proof on the loan payment , property tax payment, bank account, credit card and Medic care

    Please advise that if we can go ahead with item 2 -could face any complication or have to demonstrate compelling reasons or demonstrate substantial ties will suffix – in any case you can suggest some other best opition

    Appreciate your reply with anticipation

    Kindly regards
    Sam

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Honestly not possible to predict what the law is going to be in 4 years time. We can only advise on the law as it exists now.
      Based on the above, you would presently satisfy the requirement for a 1 year RRV.
      Can’t say much about your visa eligibility in Apr 2018.
      PC

      Reply
      1. SAM

        Dear Peng

        Thanks for the swift reply

        Suppose I make an application now for 1 year RRV – date start from the 1st Dec 2014 or the date of issue of the RRV

        Can my wife come down to Australia before 1st Dec 2014 as she wants to study for the next two years – me and my daugther stay in HONG KONG until she completes her studies – after my wife complete her studies she can apply for a 5 years RRV and basis that me and my daughter can apply a 5 years RRV then ( say Nov 2016 ) until that time as you suggested we apply 1 year RRV and extend one more time as required

        Highly appreicate your comments basis your vast expertise

        Thanks and kind regards
        SAM

        Reply
        1. Peng Cheng Post author

          If your wife is granted a 5 year RRV, then you can apply for a 1 year RRV on the basis of being a family member.
          PC

          Reply
  102. Fiona

    Hi,
    Getting different answers from DIBP in Australia and Canada.
    I am Australian living in Canada with my husband (Italian) for the last 18 years. Two kids (Australian citizens) My husband had class 100 issued in 1991 and we were in Australia for five years – did not get RRV. We moved to Canada in 1996 and he has only been back once (2009) for 3 week holiday.
    My question: Canadian Consulate says have to do complete application again for spousal visa 309/100; Called Australia and they said need RRV with compelling reasons and that his permanent residency does not ‘expire’. We want to move back to Australia soon but if we have to apply for 309/100 all over again it means a delay of possibly 6-12 months; RRV takes two weeks (with exceptions)
    Australian DIBP asked if he was stopped when entering Australia in 2009 when we holidayed – answer no. Canadian consulate says that they possibly issued him an ETA when entering – if so, does that mean it has cancelled any record of his PR?
    What is correct and why can’t I get an answer – we’ve been married 24 years so seems ridiculous to need to prove our marriage is ‘real’. Also, he has already had a class 100 issued previously. I understand its been a long time, but which is the route to go?
    Any suggestions would be appreciated.

    Reply
    1. Peng Cheng Post author

      Hi Fiona,
      As explained above, your husband can apply for a 155 visa if he can demonstrate ‘compelling reasons’ since he has been continuously absent from Australia for more than 5 years.
      If he doesn’t satisfy this requirement, then he’ll need to apply for PR again through a partner visa. He can either lodge an offshore one (100/309) or perhaps come to Australia on an ETA and apply for an onshore partner visa (801/820).
      In summary, he if is not eligible for the 155 visa, then he’ll need to apply for a partner visa again.
      PC

      Reply
  103. Sylvia Harner

    Dear Peng,
    Thank you for this great blog. I have the following question. We are permanent residents (since 2006 and stayed in Australia except some holidays) and our RRV expires in 2016. My husband left for the US in April 2014 and we are planning to be overseas for 2-3 years and then come back to Australia. We will be renting our house here in Oz and my husband is Director in an Australian company he has founded with 3 other colleagues (he will be in a mentoring position there and he also still mentors some Australian start ups) and we will also keep our other Australian business (which will not generate money while we are away). We do have the 720 days stay in Australia in the last 5 years. With this background the question is

    1) Can we apply for the RRV now to get another 5 years even it only expires in 2 years?
    2) We have PR since 2006 and my husband is considering to apply now for citizenship. Would that interfere with RRV application? In regards to citizenship I read that he must have not been away for more than 90 days in the year prior to applying. He was working for an Australian company and had to travel for them extensively too (he stopped working for them Jan 2014) do these business trips count as well as they were not really of his own choosing?

    Sorry now I put several questions in here. Thank you so much for your help.

    Kind regards,
    Sylvia

    Reply
    1. Peng Cheng Post author

      Hi Syliva,
      If you currently meet the 2/5 year requirement, you can apply now and you’ll get RRV that is valid for 5 years from the date of grant.
      RRV application and citizenship application shouldn’t impact each other. I don’t think that he can count his time overseas working for the Australian company.
      PC

      Reply
  104. Adrian

    Hi Peng Cheng,

    Great website!

    Referring to the wiki entry “A notable feature of the permanent residency visa is that, even after the initial visa expires, the holder is entitled to stay in Australia indefinitely without breaching immigration regulations.”

    My PR expired in April 2007 and haven’t been to AU since 2003. Is there a possibility that I travel to AU using tourist visa, get a job offer and then apply for RRV?

    Thank you,
    Adrian

    Reply
    1. Peng Cheng Post author

      Hi Adrian,
      Sure if you meet the requirements for the RRV – you’ll need to demonstrate compelling reasons for your absence as explained above.
      PC

      Reply
  105. Naren

    Hi Peng , Good place to find the information on PR to Australia.

    I am on Australia PR since 2011 & had a brief stay to validate my Visa, Now one yea5 & four months Balance for the Visa to Expire . MY question is if I can stay for 2 years from now & then apply for Next 5 year RRV is it possible.

    Regards,

    Naren

    Reply
  106. Lee

    Hi Peng Cheng,

    Your website is really useful and informative. Please find my scenario and suggest me the chances of getting RRV.

    (i) Gotten PR since 1999.
    (ii) Study and live in Australia from 2002 to 2010.
    (iii) Last RRV was renewed Sep 2009. Work overseas since Sep 2010 with an Australian supervisor (but not Australian company).
    (iv) PR expiring in Sep 2014.

    I wish to move back to Australia within these two years. As I have not met the 2/5 requirement for the last renewed RVV. Kindly advice how likely I can get my RRV renew this time.

    Thanks,
    Lee

    Reply
    1. Peng Cheng Post author

      Hi Lee,
      Doesn’t sound like a very strong application – fee for assessment outlined above.
      PC

      Reply
  107. Kumar

    Dear Peng,

    Thank you very much for your very supportive and informative website.

    My family is living in Australia since February 2014 (now 5 months). My 3rd child is born in Australia in last May and have a Australian passport, while the elder 2 children are still hold PR status including my wife (will expire in August 2014).

    I have visited Australia few times during last 5 months but still work overseas. My PR also will expire August 2014. As my 3rd child (2 months old) is an Australian citizen and my family is living in Australia since last 5 few months (kids are schooling as well), will I be able to get a RRV for 1 year.

    Also if I get a RRV for a year, as I am the sponser for my family, will my familiy also eligible automatically for 1 year RRV.

    Thanks

    Kumar

    Reply
    1. Peng Cheng Post author

      Hi Kumar,
      You should satisfy the substantial ties requirement.
      Everyone needs to apply for their own individual visas – these are not automatically granted.
      PC

      Reply
  108. alan

    Hi Peng,
    Thanks for the great information provided. my visa subclass 176 was granted on 4 may 2011 with I am the primary applicant, and my wife+2 kids (10yo & 5yo)are secondary applicant.

    We intend to stay here permanently. however in the event that if I need to leave my family & Australia for a period for going oversea for business which I may eventually become not eligible for the RRV application as I may not be able to achieve 2/5, my question is :-

    1. once my wife/kids satisfies 2/5 requirement, can they (secondary applicant) apply RRV on their own?
    2. can my kids lodge application together with my wife?
    3. is there any requirement that primary applicant has satisfied 2/5 before the secondary applicant
    can apply for RRV or citizenship?
    Thanks & Regards
    Alan

    Reply
    1. Peng Cheng Post author

      Hi Alan,
      1. Yes – everyone needs to lodge their own applications and meet the requirement for the RRV
      2. No – everyone lodges their own applications
      3. No
      PC

      Reply
  109. Melissa

    Hi Peng,

    Thank you for such an informative website. I have a few questions for you..

    I currently do not live in australia, and have a subclass 155 visa that is expiring on 31 july 2014, and im going to travel to aus on 22 july 2014 – 12 aug 2014. Should i apply for rrv renewal before i enter australia? Or can i enter using my current visa? What happen to my existing visa if i apply for a new rrv and it gets rejected? Since i didnt comply the 2/5 yrs req…

    Thank you in advance

    Regards,
    Melissa

    Reply
    1. Peng Cheng Post author

      Hi Melissa,
      You can enter Australia on that visa as long as it is valid.
      Requirements for the RRV are outlined above – you can apply at anytime that you meet the requirements.
      PC

      Reply
  110. Fazi Mohommed

    Hi Peng
    Thanks for the great information provided. my visa subclass 176 was granted on 16 Nov 2011 with I am the primary applicant, and my wife+2 kids (13yo & 9yo)are secondary applicants. my 3rd kid (9months old) was born here and has an Aussy Citizenship,
    My family moved into Australia in May 2012 and settled there permanently, 2 kids also schooling and my wife is at home looking after the newly born.
    I work in Dubai and visit them once in 4 months to spend around 1 month with them,
    I may eventually become not eligible for the RRV application as I may not be able to achieve 2/5, my question is :-

    1. once my wife/kids satisfies 2/5 requirement, can they (secondary applicants) apply RRV on their own?
    2. Can the secondary applicants apply for RRV or citizenship without the Primary one
    3. If I (the Primary applicant) do not want to move to Australia in the near future, how can I visit my family whenever required.
    4. Is there an expiry for the Citizenship ?
    5. After gaining the citizenships how long he/she can live out of Australia without even visiting once…

    Reply
    1. Peng Cheng Post author

      Hi Fazi,
      1. Yes
      2. Yes
      3. You need a valid visa to enter Australia – you are probably eligible for the 1 year RRV.
      4. No
      5. Citizenship doesn’t expire
      PC

      Reply
  111. 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
  112. 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
  113. Marna

    Dear Peng,

    Regarding the Sub Class 136 PR visa, we were granted our first 1 year RRV and we have to make the entry in November 2014. I just wanted to check, if we don’t make the entry into Australia in November would we loose our permanent residency to Australia for good? Or could we reapply for our RRV visas in 1 or 2 years time due to the fact that our twin boys (2 years of age) have Australian citizenship, and would that be a good enough reason to get our RRV visas again? Or if not, is there a specific time frame that you have to reapply for your RRV visas?

    Thanks
    Marna

    Reply
    1. Peng Cheng Post author

      As far as I’m far, RRV does not specify an initial entry date by which you need to entry Australia – at least I’ve never seen a RRV with an initial entry date.
      You can apply at anytime that you satisfy the requirements for the RRV.

      Reply
  114. Jay

    Hi Peng,
    Kindly clarify below.
    If my wife and child get citizenship having stayed in Australia for 4 years on PR , do I get citizenship automatically though I am not in Australia if apply.
    Thanks a lot
    Jay

    Reply
  115. Haran

    Dear Peng,

    My Australia PR is going to expire in Dec 2014. In the last five years, i visited Australia once for 3 days only.
    I am planning to apply for 1 year RRV as i will not be able to go there before PR expire by Dec 2014.

    May i know if you have any advice on how can i show substantial ties ? If i open a bank account and deposit say 100k, would this help. I can also write to the officer the reason why my family will not be able go to Australia before Dec 2014 (my wife have to take care of her sick parents) .
    Do you think this is sufficient to try for RRV for 1 year? what are chance of getting 1 year RRV for my case? May i know if you have any other advice ?

    Thank you for your time.

    Regards
    Haran

    Reply
    1. Peng Cheng Post author

      Hi Haran,
      No I don’t think that a bank account with 100k is sufficient for the substantiate sites requirement – requirement is explained in detail above. Please feel free to engage us for our consultation service.
      PC

      Reply
  116. Kelvin

    Hi Peng – thanks for all the wonderful information. I went through the questions but am writing to re-confirm mine;

    1. I am currently working towards meeting my 2/5 year requirement, with my travel facility expiring July 2015. However, in the event that I cannot meet the requirement and would have to apply for 1 year RRV instead of 5, does the extra number of days after obtaining 1 year RRV contribute towards the 2 year requirement, or does it reset once I’ve got my 1 year RRV? From your previous comment, it seems like it does contribute but just checking.

    2. In your post about applying on 1 Jan instead of 31 Jan “to be safe”, what do you mean by that exactly? Could you please clarify? From my understanding, the processing time for Visa 155 whilst lodging in Australia is 1 working day?

    Thanks much!

    Reply
    1. Peng Cheng Post author

      Hi Kelvin,
      1. All time that you spent in Australia as a PR holder can count towards the 2 years.
      2. In your post about applying on 1 Jan instead of 31 Jan “to be safe”, what do you mean by that exactly? Could you please clarify? Don’t see this in my above post
      3. From my understanding, the processing time for Visa 155 whilst lodging in Australia is 1 working day? Processing time is around 2-3 weeks
      PC

      Reply
      1. Kelvin

        Hi Peng – thanks for your quick reply.

        2. In your post about applying on 1 Jan instead of 31 Jan “to be safe”, what do you mean by that exactly? Could you please clarify? Don’t see this in my above post. I have posted the paragraph from your article as follows;

        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.

        3. From my understanding, the processing time for Visa 155 whilst lodging in Australia is 1 working day? Processing time is around 2-3 weeks

        Could you please clarify the service level agreement is 1 day as posted here on IMMI website? https://www.immi.gov.au/about/charters/client-services-charter/visas/6.0.htm

        Thanks once again!

        Reply
        1. Peng Cheng Post author

          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 – this is just an example, which is pretty clear and self-explanatory.

          My experience with processing times is that it takes around 1-3 weeks.

          Reply
  117. Rantong

    Hi Peng,

    My dad and our family was granted a PR 132 visa in September 2011 and it will expire in September 2016. Within these 5 years, my parents have not lived in au for 2 years. They are thinking to apply for the 1 year RRV while I will apply for citizenship next year.
    My question is: after the 1 year RRV expires, can they apply for another 1 year RRV even if they do not live in for 2 years in total? are there residency requirements on renewing the 1 year RRV?

    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Rantong,
      Sure they can apply for the 155 visa if they meet the requirements.
      The requirement in relation to time in Australia is explained above:
      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

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