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

 

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

 

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

487 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. 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
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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
  15. 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
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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
  24. 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
  25. 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
  26. 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
  27. 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
  28. 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
  29. 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
  30. 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
  31. 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
  32. 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
  33. 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
  34. 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
  35. 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
  36. 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
  37. 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
  38. 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
  39. 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
  40. 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
  41. 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
  42. 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
  43. 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
  44. 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
  45. 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
  46. 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
  47. 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
  48. 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
  49. 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
  50. 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
  51. 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
  52. 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
  53. 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
  54. 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

  55. 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
  56. 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
  57. 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
  58. 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
  59. 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
  60. 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
  61. 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
  62. 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
  63. 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
  64. 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
  65. 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
  66. 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
  67. 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
  68. 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
  69. 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
  70. 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
  71. 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
  72. 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
  73. 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
  74. 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
  75. 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
  76. 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
  77. 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
  78. 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
  79. 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
  80. 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
  81. 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
  82. 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
  83. 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
  84. 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
  85. 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
  86. 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
  87. 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
  88. Michelle

    Dear Peng

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

    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
  89. 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
  90. 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
  91. 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
  92. 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
  93. 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
  94. 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
  95. 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
          1. SAM

            Dear Peng
            We were granted 1 year RRV until Dec 2105- Thanks for web site with lot of on going info

            Best regards
            SAM

  96. 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
  97. 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
  98. 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
  99. 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
  100. 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
  101. 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
  102. 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
  103. 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
  104. 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
  105. 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
  106. Jessica

    Dear Peng,

    You are indeed very knowledgeable.

    I have been browsing through the questions posted but so for, none has any that is almost identical to mine, though I have to admit, I do learn a few more new things just by scrolling down the page. Bravo!

    I have been here for 3 months. I have not been able to fulfill the 2/5 criteria. My mom is not feeling well these days and she is already 85. I am going back to Malaysia. My PR has expired (May 2014).

    I would like to apply for 1 year RRV as I have to come back to complete a course. I have got a blue card.

    My questions are –
    1. Can I apply for 1 year RRV online as I have not fulfilled the 2/5 year requirement?
    2. what is the time frame to apply for RRV when I am already back in Malaysia? Is there any time limit like 3 months, 6 months or even a year?
    3. How much do I have to pay for this application? From what I saw from the immigration website, they only mentioned the fee for 3 months RRV or 5 years’.

    Thanks,
    Jessica

    Reply
    1. Peng Cheng Post author

      Hi Jessica,
      1. As explained above, you would need to satisfy the ‘substantial ties requirement’.
      2. You can apply at any time that you satisfy the visa requirements.
      3. Fee for online RRV application is $345.
      PC

      Reply
  107. Dev

    Hi Peng,

    I and my wife hold 190 visa and we should first enter Australia by 24 April 2015. My wife is pregnant and our baby is due on October 2014. As per the website, the current processing time for 101 Child visa is 14 months. If we wait for our child’s visa, we won’t be able to enter Australia by April 2015. What can be the best solution in this case?

    Dev

    Reply
    1. Peng Cheng Post author

      Hi Dev,
      Your wife can enter Australia on the 190 visa and give birth here – child born to an Australian PR holder automatically have Australian citizenship.
      PC

      Reply
  108. Adrian

    Hi,
    thanks for the great information.
    I’m eligible for a PR (partner) visa but the fact that I can only travel in/out Australia for only 5 years is a big limitation for me. There is something I don’t quite understand:
    When you are a Permanent Resident you’ve got the right to stay in Australia indefinitely.
    However, if you leave or wish to come back (after the 5 years) you apparently need another visa (RRV). Is this RRV just a visa to “enter” Australia or is it actually replacing the PR visa ? Could I just take a less demanding visa (Tourist visa for example) just to travel back and then stay in Australia forever with my PR visa ?
    This idea of a permanent visa that doesn’t allow you to come to Australia whenever you want is a bit confusing to me.
    Thanks for your clarification,
    Adrian

    Reply
    1. Peng Cheng Post author

      Hi Adrian,
      You apply for a RRV in order to continue to travel in and out of Australia as a PR holder. If you get a temporary tourist visa which replaces your PR visa, then you would just be in Australia as a temporary tourist visa holder. You won’t be a PR visa holder.
      PC

      Reply
  109. Henry

    Dear Peng,

    What a helpful website you have here..

    I have a visa subclass 155 which is about to expire soon on 2 October 2014. I have two citizen babies and wife who currently hold 1 year RRV and I own an apartment in Australia.
    I plan to visit Aus on 21 Sept – 1 Oct 2014 then go back overseas with my family.
    I plan to apply for 1 year RRV
    Can you suggest when is the best time to lodge the application?
    1. Now, ie before going to Aus OR
    2. During my 10 days visit in Aus OR
    3. After I go back overseas (on 2 October which is exactly the cut off date of my visa)

    In my understanding I need to continuously hold a valid visa all the time during my stay overseas. Ie I have to apply before the current visa expires. Please correct me if Im wrong.

    Looking forward for your answer and Thank a lot in advance.

    Regards,
    Henry

    Reply
      1. Henry

        Hi Peng,

        If I apply ONLINE today for 1 year RRV I only have 3 working days before flying to Australia. Assuming my visa has not been granted before I leave, should I report a change in circumstances? and how?

        Thanks in advance

        Reply
          1. Henry

            If I submit an online application during my visit in Australia using Australian address, and then I need to go back overseas while my RRV is still on process, do I need to report a change my address , phone number detail ?

            Thanks for the clarification.

          2. Peng Cheng Post author

            If you need to inform the Department of a permanent change of contact details and address, then you should use Form 929. There is no need to inform the Department if you are only leaving Australia on a temporary basis.

  110. sam alrosan

    hi Peng,

    my brother has a RRV 155 and must enter Australia before 14.01.2015. he works in Dubai. he will come to Australia in DEC 2014 and he will stay in Sydney for 40 days the he will leave again to Dubai for work commitment. My Q is will he be able to apply again for a RRV 155??? can he do that every time to keep entering Australia till he finish his work commitments?
    thank you

    Reply
  111. Daniel

    Hi Peng,

    This is such a great website and is so informative. I hope you could help me out a little here.

    Situation: I was granted with a PR on 12/5/2011 and expires on the 12/5/2016. Till date i have stayed in Australia for about 6.5 months and then return to my home country for family and work purposes. Now that every thing is settled I’m planning to return to Australia by March 2015 to complete my 2 years for a renewal of RRV for 5 years. However if i were to leave in March 2015 i will be short of 3 month to fulfilling my 2 years.

    Note: I do have a PR sister and bother there and i do own a property in Australia under my name.

    Question:
    1) Is there some sort of extension that allows me to fulfill the 3 months for me to apply for the 5 years RRV?
    2) If not, can i stay in Australia till August 2016 (pass my PR expiry date) just to full fill my 2 years and after that would i be able to apply 5 years RRV?
    3) Whats are my other options to get a RRV 5 years? I’m open to suggestions.

    Regards and Thank You,
    Daniel

    Reply
    1. Peng Cheng Post author

      Hi Daniel,
      1. Your PR visa allows you to remain in Australia indefinitely as long as you return to Australia within the validity period of visa, so you can just wait until you satisfy 2/5 years.
      2. Answered above.
      3. Department may be able to grant you a 1 year RRV in the meantime.
      PC

      Reply
  112. David Choo

    Hi PC,

    My PR Visa expires in end of the year. During this period of time, I’ve lived in Australia for approximately 6 months, and I’m shuttling in and out of Australia on a monthly basis. My family (spouse + 2 PR Kids with 1 Citizen Kid) is currently settled in Australia and my kids are studying in a Aussie Govt school for the past 3 months. Does this mean I should be able to qualify for a 1 year RRV?

    Assuming that the laws does not change, and I continue to shuttle in and out, will I be able to get the 1 year RRV in 2016 again?

    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi David,
      You should be eligible for the 1 year RRV based on the above.
      Yes you can renew this 1 year RRV every year as long as you continue to satisfy the requirements.
      PC

      Reply
  113. Rosie

    Hi Peng Cheng
    Thank you for your website and your kind replies to us.
    I am female, now 55 years old, was granted PR (CPV 143) in 26 November 2012, initial entry to Australia January 2013. I cannot go to live in Australia now because I have to look after my mother who is 85 and seriously ill in home country. By the time my PR visa expires ( January 2018) I expect to just spend accumulated few months in Australia. Please advise if I can obtain a RRV 5 year by 2018 with below conditions:
    1- My children (now 27 and 20 years old) are Australian citizens, now living in Sydney;
    2- I duly bought a unit in Sydney (in joint-ownership with my daughter who is Australian citizen).

    Thank you very much for your reply,
    Regards
    Rosie

    Reply
    1. Peng Cheng Post author

      Hi Rosie,
      Sorry but you won’t satisfy the requirements for the 5 year RRV as explained above. The Department may be able to grant you a 1 year RRV.
      pc

      Reply
  114. Rosie

    Hi Peng Cheng
    Thank you for your kind and prompt reply,
    Do you think it is helpful to submit to the Department the evidence relating to my Mom condition i.e medical presciptions , hospitalization data, etc. (to explain why I was unable to live in Australia) when applying to Immi for RRV ? Thanks again.
    Regards
    Rosie

    Reply
    1. Peng Cheng Post author

      Only if you need to demonstrate compelling and compassionate reasons for your absence or depart from Australia – the above explains when you need to demonstrate compelling and compassionate reasons.

      Reply
  115. Agnes

    Hi Peng,

    Many thanks for having an excellent website.
    My family’s current RRV will expire in March 2015. Based on my current situation, we will be granted 1 year RRV when we apply next year.
    I have been recently offered an overseas job with a 3 years contract. My family (2 RRV holders and 1 Australian citizen) have decided to stay in Australia for the period that I am gone. We have a family home here in Aust, the kids go to a local school and my husband is working here.
    My questions are – when my 1-year RRV runs out in 2016, will I still be able to apply for a further 1-year RRV if I was overseas?
    – how many times can I apply for the 1- year RRV based upon my situation?
    – do I need to be in Australia to apply for the visa or is offshore application ok? Do I need to apply with my family to qualify for a RRV?
    – what happens if the RRV expired while I am overseas? Could I reapply again for the RRV? I have read elsewhere that coming back to Australia using a tourist visa (after the RRV expired) will void everything and PR has to be reapplied for.

    Thank you very much in advance for answering my queries.

    Best regards
    Agnes

    Reply
    1. Peng Cheng Post author

      Hi Agnes,
      You should satisfy the substantial ties requirement. You should always be granted a 1 year RRV as long as your situation stays as described above. You can apply for the RRV either onshore or offshore, and you do lodge your own application (everyone needs to lodge their own RRV application).
      PC

      Reply
  116. Mint

    Hi Peng,

    We’re Aussie PR whose PR will expire in around 14 months time. During this period of time, I’ve stayed around 6 months in Australia as we’re always shuttling in and out of country. I’ve got a child who is Aussie Citizen and I would like to check if we (me and my husband) would be able to renew for a 1 year RRV?

    Can I also check if I can continue to renew this RRV on a yearly basis if I continue to move in and out of Australia on a short term basis if the rules does not change? Thanks in advance!

    Reply
    1. Peng Cheng Post author

      Hi Mint,
      You both should satisfy the requirement for the 1 year RRV. Your ties should be sufficient but whether your ties are sufficient is really at the discretion of the case officer.
      You can continue to renew the RRV as long as you satisfy the relevant requirements.
      PC

      Reply
  117. Lou

    Hi Peng,

    I’m so glad someone is so dilligently answering these queries and provide important information and resource. I have heard that to satisfy the 2/5 year rule there is a catch, that is, although it is accumulative, but if one leaves Australia for a period of over 3 motnhs, then the previous stay in Australia would not be counted towards the 2 years. Is this true? say I arrive in June this year and leave in November, then came back again in April next year, then my stay from June to November would not be counted in the 2 year period?

    Thanks in advance for your help

    Reply
  118. Marnie

    Hi, I am hoping you can help, I am an Australian citizen born and raised, my husband is from U.S.A, We moved to Australia in 2001, my hubby was granted PR and we have lived in Australia all that time bar one Holiday to America in 2009. When we went there we got a RRV for him to travel back in to Australia which was fine, it has since expired, we have no immediate plan to go back for a Holiday, My hubby’s passport went through the wash and therefore had to be replaced, my question is Does PR expire or just the RRV?, how do i find out if i need to renew his PR? also do i have to let Immigration know of change of address if we are still residing in the same state in Australia? and does his passport have to have evidence that he is a PR or is that recorded somewhere? any advice would be great. Thank you. P.S we also have 3 Children 14, 12 and 1, the 14 and 12 yr old have dual citizenship and 1 year old not yet.

    Reply
    1. Peng Cheng Post author

      Hi Marnie,
      His PR visa allows him to live in Australia as a PR holder on an indefinite basis. He only needs to apply for a RRV if he needs to travel overseas. If he is granted a new RRV, then it is electronically linked to his passport.
      PC

      Reply
  119. Frances

    Hi Peng,

    Kindly inform if I can apply for my RRV subclass 155 online as I am currently offshore on a work contract. My last visa expired in July 2014 and I have stayed at least 730 days in the last 5 years leading to my intended application next month.

    Thank you so much for your time and you are truly awesome for helping so many people. Wishing you the best of health and happiness.

    Best of regards,
    Frances.

    Reply
    1. Peng Cheng Post author

      Hi Frances,
      Yes you can apply online from outline of Australia. You should get a 5 year pretty quickly if you satisfy the 2/5 year requirement.
      PC

      Reply
      1. Frances

        Hi Peng,

        Thank you so much for the information. That is a huge load off my mind as I am presently working in Malaysia but not in Kuala Lumpur where the Australian Embassy is located. I will lodge my application next month then. I hope you don’t mind advising me further on whether I should do it through the Malaysian website or the Australian Immi website. Thanks again.

        Cheers,
        Frances.

        Reply
          1. Frances

            Got it, deeply appreciative of your kind assistance. Thank you, Peng and all the best.

            Best of regards,
            Frances

  120. MENGPING ZHANG

    Dear Peng,
    Very helpful of your advice!
    My quesion are: My PR expired in Feb 2016 ,I and my son(also got PR, 15 years old) arrived in Australia in Jul 2014, my plan is staying here for 2 years, that is Jul 2016
    1 during Mar 2016-Jul 2016 , if we don’t leave here, we don’t need to apply a RRV
    2 after Jul 2016, we can apply the RRV for 5 years, am my above understanding is right?
    3 more, and important question is : if I leave my son alone here from today, until 2 years later,( I mean I go back to homeland,out of Australia), whether he can get the RRV for 5 years? I am not sure, because I am the main applicant, and my visa class is 175.
    Thank you very much ,and very look forward to your reply, please forgive my poor English.

    Reply
    1. Peng Cheng Post author

      Hi Mengping,
      You need to satisfy the 2/5 year requirement as explained above in order to apply for the 5 year RRV. As explained above, everyone lodges their own applications so your son can independently satisfy the requirements for the 5 year RRV.
      PC

      Reply
  121. Trina

    Hi Peng,

    My PR is expiring in 2017 May. I am the primary applicant with my husband and son as secondary applicants. I plan to move to Aus before the visa expires and stay there for 2 consecutive years. I have my brother there who will be citizen by then probably and also my sister as a permanent resident. If I move to Australia before my visa expires,apply for the RRV and get the RRV, say for 3 months. Now if I move out of Australia within that 3 months period and fail to return back, in that case will my PR expire? or is it that I can again apply for an RRV later when I want to come back.

    Thanks,
    Trina

    Reply
    1. Peng Cheng Post author

      Hi Trina,
      You can apply if you satisfy the legal requirements outlined above. If your PR expires and you are outside of Australia, then you would need to be eligible for a PR visa if you want to return to Australia s PR holders.
      PC

      Reply
  122. Cassidy

    Hi Peng,

    I am currently holding PR visa which will be expired on 7 Dec, 2014. I’ve satisfied the 2 out of 5 years requirement to apply for the RRV, however, I intend to work in China for the next few years before coming back to Australia again. So I’m wondering whether I can apply for the RRV after my PR visa expired, say, in two years time.What are the chances of getting 5 years RRV then(also apply outside Australia)?

    Thanks in advance.
    Regards,
    Cassidy

    Reply
    1. Peng Cheng Post author

      Hi Cassidy,
      The eligibility requirements are explained in the above post. As explained above, you can still satisfy the eligibility requirements even after your current PR expires.
      If you satisfy the 2/5 year requirement, then you will be granted a 5 year RRV under the current law.
      PC

      Reply
      1. Jerry

        Hi Peng,

        as i am under 1 year RRV, how to i satisfy the 2 out of 5 year condition? or should it be calculated prorated?

        Reply
        1. Peng Cheng Post author

          That requirement just looks back at the 5 year period prior to the lodgement of the application, to determine if you satisfy 2/5 years.

          Reply
  123. John

    Hi,
    Can you please advise if I live in Australia 2 years ( six months before the expiry date of first five years of PR and one and half year after expiry date of PR )then Can I apply and get Resident return visa or I can be entitle to get Resident return visa only if I live in Australia 2 years of first 5 years of PR.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi John,
      You can satisfy the 2/5 year requirement at anytime, and you would be eligible for the 5 year RRV at anytime that you satisfy this requirement.
      PC

      Reply
  124. Anita

    Hi Peng,

    maybe I’m not on the exactly ‘suitable for my case’ site but I do need help and I hope you can help me somehow regarding information I need.
    I am from Serbia and I’m about to marry my beloved here. He is also Serbian with serbian citizenship, but he holds Australian passport as australian PR. So, our question is should we marry as serbian citizens and than apply for my partner visa with him being my sponsor as aus permanent resident. Or should we marry as a serbian girl getting married to australian pr, in order for him to be eligible as my sponsor?

    Any help will be more than welcome, so please tell us what to do or at least point us to where we can find out which way should we get married, because we don’t have a clue if amb is aus pr can he marry in his homecountry as a resident and citizen of that country or is it neccessery for him to get married as a foreign citizen in his country even thou he has citizenship of it?

    Thanx a lot in advance.
    Lots of love and Namaste
    Anita

    Reply
    1. Peng Cheng Post author

      Hi Anita,
      You need to have a marriage that is legally recognised in Australia if your partner wants to sponsor you for a spouse visa. That is the only type of marriage that is required.
      PC

      Reply
  125. Marc

    Hi,

    1. My PR has expired recently. I have lodged an application to get a RRV. In the meantime, can I leave Australia and come back once it has been granted?
    2. If I am a few days short of being granted a 155 but I have to leave and come back on a 157, does the time reset for me to get the 155? Or does the date for me to be eligible for the 155 becomes a few days + days outside Australia once I come back.

    Many Thanks,

    Marc

    Reply
    1. Peng Cheng Post author

      Hi Marc,
      1. Yes the Department can make a decision when you are outside of Australia.
      2. No it doesn’t reset the count for 2/5 year requirement.
      PC

      Reply
  126. Feven Abeje

    Hi. I’m in a situation where I am a permanent resident, have an RRV and am in my home country (Ethiopia) but my passport expired. Is there a limit until when I must renew my passport?

    Reply
    1. Peng Cheng Post author

      Hi Feven,
      You need a valid passport when you apply for an Australian visa. But the Australian government doesn’t impose any time limit on you in terms of renewing your passport.
      PC

      Reply
  127. Ram

    Hi Peng,

    A very informative post indeed about the 155 RRV. I really appreciate you taking the time to reply to queries post.

    I have an AU PR and it ends July 2018 so if I move to AU in Sep 2016 and continue to stay there till Sep 2018. Does that fulfill the criteria that I have stayed for 2 years in AU and I can apply for RRV for 05 years.

    Reply
  128. Mog

    Hi there Peng, great website here.

    I have an issue. I left Australia a few years back – at the end of May 2011. My PR visa expired a bit later, on 1st of April 2014.

    I called Australian immigration and asked until when I’d be able to meet the 2 years out of 5 (i.e. an accumulated 730 days). They told me exactly how many days I have in the 5 years at the date of the call, and I calculated I’ll cross the 730 days threshold on 7th of Feb 2015.

    I applied for the visa sometime last week (so a month or so before I hit the 730 days threshold) and it was indeed granted… But I got a 1 year visa instead of 5 years. This is because of this update:
    https://www.immi.gov.au/migrants/residents/whats-new.htm

    I wasn’t aware of this change that was made…

    Is there any way that I could get a 5 year visa instead seeing I left Australia when the language of the law was different?

    Reply
  129. JJ

    Hi Peng,

    I have a question regarding the 5 years RRV. It is stated that in order to get the 5 years RRV:

    The requirement is: 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.

    My current RRV expires in May 2015. If I have stayed in Australia for two years (from May 2013 until May 2015). Then I will be able to renew for a 5 years RRV in May 2015. (Renewed visa would be from May 2015 – May 2020). Then I will leave Australia for a few years.

    Will I be able to lodge a RRV renewal application again not in 2020, but in May 2018 for another 5 years? Since I have stayed in Australia for two years (from May 2013 till May 2015) prior to lodgement.

    Or must I wait until the end of the 5 years RRV period before I can renew a RRV?

    Thanks!

    JJ

    Reply
    1. Peng Cheng Post author

      Hi JJ,
      You can lodge a RRV at any time – you don’t have to wait until the visa is about to expire.
      PC

      Reply
  130. Andrey

    Hi PC,

    If I am Holding 1 year rrv visa 155, how many days is the minimum requirement to get another 1 year rrv visa 155? Please advise

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Andrey,
      As explained above, in order to obtain a 1 year RRV:
      155 visa which is valid for 1 year – you have been in Australia for at least 1 day in the last 5 years as the holder of a permanent residency visa and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia (explained below)
      155 visa which is valid for 1 year – since the grant of your permanent residency visa, you have been absent from Australia for a period of 5 years of more, there are compelling reasons for your absence (explained below) and you have substantial, business, cultural, employment and/or personal ties to Australia which are of benefit to Australia
      pc

      Reply
  131. Parastoo

    Hi ,
    I have applied for citizenship 23/1/2015, and waiting for the process, my PR will expire 30/4/2015, and I need to go overseas towards end of April for very important business purpose, what do i need to be able to re enter Australia, since my PR would be expire on my return and also I am not sure if by then i will be granted citizenship and can obtain Australian passport.
    please help!
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Parastoo,
      You may be to apply for a 155 visa and use this to leave and return – requirements explained above.
      PC

      Reply
  132. Nadee

    Dear Peng,
    We were granted Australian Permanent Residence visa in year 2010.
    We made our initial entry with our daughter (she got the PR in year 2011) in September 2011.
    Our PR expiry date is in August this year (2015).
    Currently I and my wife are residents in UAE and working in UAE.
    Due to several personal reasons, we think that it is highly unlikely that we can migrate permanently to Australia in this year.
    we have following questions and kindly seeking your assistance on them;

    1. If the current PR visa is expired , can we re-apply for PR under same class (skilled independent)? And if it is yes, will we get another 5 years for that visa?

    2. If we can re-apply (as of now we have the required points to apply again), will inability to settle in Australia during the first PR be a negative point when assessing our new application?

    3. We have a plan to buy a house in Australia in near future, probably prior to our PR expiry date. If we buy a house and do not enter in to Australia prior to expiry of our PR visa, what will happen to our property? will it be still under our legal ownership?

    Reply
    1. Peng Cheng Post author

      Hi Nadee,
      1. If the current PR visa is expired , can we re-apply for PR under same class (skilled independent)? And if it is yes, will we get another 5 years for that visa? Yes you can.

      2. If we can re-apply (as of now we have the required points to apply again), will inability to settle in Australia during the first PR be a negative point when assessing our new application? This shouldn’t because there is no such requirement for the skilled independent visa.

      3. We have a plan to buy a house in Australia in near future, probably prior to our PR expiry date. If we buy a house and do not enter in to Australia prior to expiry of our PR visa, what will happen to our property? will it be still under our legal ownership? Not a migration law question sorry.
      PC

      Reply
  133. Andy

    Hello mr pent greetings

    My wife (main applicant), my son and I were granted AUSTRALIAN PR and the will expire in June 2015.

    My wife is working full time and my son is attending high school in Australia since they first landed in Australia and only left Australia on two occasions for few weeks only.

    I have only visited Australia about six times for less than two months stay in Australia.

    In view of the fact that my wife and my son are eligible to get a 5 year RRV IN JUNE 2015, am I eligible to get a 5 year RRV edtebsuon as well?

    Thanks

    Reply
  134. Win

    Hi Peng greetings,
    Myself and my family got Australian PR in Nov 2011 where we entered Australia in 18th Jan 2012. Since that I have been working in Australia where my wife and son left after 1.5 years to India. Our PR expires on Nov 2016.
    I thought of bringing my wife for another 6 months to satisfy the requirement of RRV 2/5 years.
    My question is
    1. In my wife 1.5 years stay in Australia she went to India for 2 months holidays. Whether for 2/5 another 6 months is enough or need to stay 8 months?( holidays out side Australia included or not)
    2. If myself and wife are eligible for RRV 5 years will my son ( age 14) get automatically without 2/5 staying?

    Reply
    1. Peng Cheng Post author

      Hi Win,
      1. You need to satisfy 2/5 years, counting back from the date that the application is lodged.
      2. No. You may be able to get a 1 year RRV.
      PC

      Reply
      1. Win

        Hi Peng
        Thank u very much for ur kind reply. Pl clarify that 2 months holiday outside Australia will be calculated or not.
        Thanks

        Reply
  135. Krish

    Hi P C
    Your website is very useful. I am the primary applicant of my family all got PR in jan 2012
    Since that I am working in Australia going to complete 4 years. My wife and son where outside Australia .
    And not satisfy 2/5 years for 5 RRV.
    I thought of applying for citizen. If so

    1. Will My wife and son will get RRV for 5 years or 1 year.
    2. If they get for 1 year RRV how many days need to stay in Australia
    3. Like that one year RRV how long can we renew?
    4. My son At the age of 18 how will he get RRV as he becomes independent.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Krish,
      As explained above, your family should be able to get a 1 year RRV. The eligibility requirements are outlined above.
      You can apply for the RRV as many times as you want.
      For dependents over 18, you need to prove that they are a member of your family unit and dependent on you.
      PC

      Reply
  136. Hearts

    Hi Peng,

    I have a question regarding the RRV 1 year which i currently hold.
    I was granted my RRV in October 2014, i am a New Zealand citizen
    but have been residing in Australia since 2003.
    I have 2 Australian citizen children and my aim is to also become an Australian citizen.
    My question is this; is it a 12month waiting period (Oct 14 – Oct 15) before i can apply for citizenship?
    Because it takes some time for processing do i need to apply for another RRV if it goes past my expiry date?
    Or could i maybe try for an exemption from the 12month waiting period
    Due to some personal reasons or adequate excuse?

    Your reply would be much appreciated. :)

    Reply
    1. Peng Cheng Post author

      Hi Hearts,
      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 (so you may not need to apply for a RRV in order to live in Australia as a PR holder).

      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).

      We don’t know enough about your circumstances to determine if an exemption applies.
      PC

      Reply
      1. radhika

        hi peng,
        My husband and kids are Australian citizens and i am an australian PR.I lived in australia about 17 months with in 5 years.Now my PR is getting expired in April 2016.Now i am staying with husband and kids in USA as my husband is working in USA.May i know what is the best process to renew my PR.Do we need to come back Australia to renew my PR.Can you please provide best suggestion .
        Thank you,
        Radhika

        Reply
        1. Peng Cheng Post author

          Hi Radhika,
          You may be able to apply for the 1 year RRV – requirements outline above. You can lodge an online application, and you can apply while you are outside of Australia.
          PC

          Reply
          1. Radhika

            Hi peng Cheng,
            Thanks for the reply.May I know how long it takes to get RRV.As my PR is expiring in April 2016 in which month I can apply.

          2. Radhika

            Hi peng Cheng,
            I recently reviewed my passport in USA do I need to update my passport details to Australian ambassy.
            Thank you,
            Radhika

          3. Radhika

            Hi peng Cheng ,
            How can I update my recently renewed passport details in Australian embassy while I am out side of Australia.do it need fill and post form 929 or I can do through online immi account.may I know the best way please.i got Australian PR visa

          4. Radhika

            Hi peng Cheng,
            My Australian PR is going to expire in April2016.When could I apply for RRV.
            In which month I should lodge an application.

          5. Peng Cheng Post author

            You can lodge your application at any time, assuming that you satisfy the relevant requirements.

  137. Razia

    Dear PC,

    I have a residence visa that will be expiring in April 2015. I however will be out of Australia when the visa expires. I have a few questions…

    1. Can I apply for a RRV before my current Visa expires?
    2. How long does is generally take to get the RRV?
    3. Should I lodge a separate application for my son (he is 9 years old) and is a separate payment required?

    Thank you very much for your reply.

    Reply
    1. Peng Cheng Post author

      Hi Razia,
      1. Yes – see eligibility requirements outlined above.
      2. See eligibility requirements outlined above.
      3. All applicants need to lodge their own RRV applications if they are eligible, as explained above.
      PC

      Reply
  138. Veria

    Hi Peng,

    I am holding Sub Class 175 visa, PR will expire in 22 June 2015. Until to date, I only spend 10 days in Australia to full fill the first entry. I am planning to migrate permanently to Australia in mid of May 2015 with my family. My questions are:
    1. Am i still eligible to enter and stay in Australia permanently in mid May 2015?
    2. If no.1 answer is yes, as I don’t full fill the requirement 2/5 years, can I leave Australia either may be only for few weeks (for holiday) or few years (for certain reason) by applying RRV?
    3. As long as I have been in Australia before 22 June 2015, I don’t need to extend any type of visa, do I?

    Thanks in advance.

    Regards,
    Veria

    Reply
    1. Peng Cheng Post author

      Hi Veria,
      As explained above, your current PR visa allows you to remain in Australia indefinitely as long as you return before the expiry date of this visa.
      You can apply for the RRV to leave and return to Australia as a PR holder, assuming that you satisfy the relevant requirements.
      PC

      Reply
  139. madhava Rao

    Hi Peng
    I was granted PR Visa in Dec2010 which is going to be expired in Dec 2015. I completed 3 years living condition in Australia. Can I apply for RRV now that is 9 months in advance before expiry of My Visa.

    Please let me Know.

    Reply
  140. Chua CS

    Hi Peng Cheng,

    My PR visa will expire in Nov16. I am outside Australia while my daughter is studying at Australia university. She is able to get RRV for 2 years upon visa expiring.

    I am the main applicant for the family and only met 10 days of stay in Australia. Can I be granted RRV usng my daughter as personal tie?

    Regards,
    CS

    Reply
  141. Cahar

    Hi PC
    I recently heard that if one has stayed in Australia for a long time, ie, obtained 2 lots of the 5 year RRVs, then one is exempt from having to apply for further RRVs if one lives most times overseas. Is this true? I can’t find anything like this on the website.
    Cahar

    Reply
  142. Duncan Paterson

    Hi Peng

    I have PR status but the travel component expired in Nov 2014 and I am travelling overseas on 3 May 2015. Although I am eligible for citizenship, is it possible to apply for (and be granted) citizenship within 5 weeks?

    If my citizenship application is still pending on my departure date, I assume I will need a 155 RRV to travel?

    Many thanks in advance for your advice
    Duncan

    Reply
    1. Peng Cheng Post author

      Hi Duncan,
      I don’t think that you can complete a citizenship application process in that time, but you might want to ask the Department how long it is currently taking.
      You will need a visa to re-enter Australia.
      PC

      Reply
  143. Emma

    Hi, my father was granted permenant residency in 1989 and lived and worked in Australia until 1991. He returned to the uk when his mother became ill and remained there. He remarried 20 years ago and recently became a widow. He is of retirement age and as no assets. I am a australian citizen and my brother is a permenant resident. His ex wife, my mum is also an Austrian citizen. What would be the be5 visa to apply for to have my dad return to us on a permenant basis. He has no immediate family in the uk. Both my brother and I have children here in Australia.

    Reply
    1. Peng Cheng Post author

      Hi Emma,
      If he is not eligible for the RRV, then have a look at the 103 parent visa.
      PC

      Reply
  144. Caitriona Redmond

    HI Peng,
    My PR is due to expire July 13th 2015. I left Australia in July 2012 and want to apply for a RRV before my current PR expires, so I can have a PR for another 5 years. Can I do this online and am I eligible to do this?
    Thanks, Cat

    Reply
    1. Peng Cheng Post author

      Hi Cat,
      It is possible to lodge an online application. Eligibility requirements are outlined above.
      PC

      Reply
  145. Ching

    Hi Peng,
    My 1 year RRV has expired on July 2014. I am now in Australia and is planning for a short trip to overseas. My question is : do I need to apply for a new RRV in order to return to Australia? Thanks a lot!

    Regards,
    Ching

    Reply
  146. Linda Larsen

    Hello this really is a great source of information and easy to understand…Thank You!
    My question is this….
    I am on a British passport and have had permanent residency and lived here for the last 32 years and have a RRV with 2 of the 5 years left on it (expires march 2017)
    I am now returning to the uk this year with my elderly Mother and more than likely will remain there to live
    I have 4 children here in australia 3 of which were born here are now adults and are dual nationals
    Incase of a change of mind or circumstances on returning here to live again…should I renew my RRV now to get another full 5 years? or can I do that from the uk before it runs out?
    and most importantly will I be able to return to live here and continue my permanent residency status if I need to be with my children in the future?
    Thank you in advance
    Linda

    Reply
    1. Peng Cheng Post author

      Hi Linda,
      As explained above, you need to satisfy 2/5 years for the Department to grant you a 5 year RRV. You can apply at anytime that you satisfy this requirement, irrespective of whether you are in or outside of Australia.
      We would need to complete an assessment before we can advise in relation to whether you have sufficient ties for the substantial ties requirement.
      PC

      Reply
  147. Soohui

    Hi Peng,

    Thank you for this platform allowing people to have access to valuable information.

    I applied for the partner visa (820/801) on 15 March 2011. There is a 2 year wait before the visa 801 (PR) can be granted. For my case the visa 801 approval was granted on 23 April 2013 (rather in March 2013).

    For your information, I have been granted the following visas:-
    Partner (Temporary subclass 820) visa on 4 July 2012 and subsequently
    Partner (Residence subclass 801) visa on 23 April 2013

    There is a 5 year unlimited travel till 23 April 2018.

    Is the “2 years out of 5″ counted from 23 April 2013 onwards?

    I will be relocating and working overseas from mid July 2015 onwards.
    It would be ideal if I can fulfill the 730 days requirement before my relocation, just in case I cannot make trips back to Australia to cover the additional days required for the “730 days” . I foresee accumulating about 700 days (counting from 23 April 2013 to sometime in July 2015).

    I would like to confirm that I need to cover 730 days from 23 April 2013 onwards rather than the earlier dates of 4 July 2012 or 15 March 2013 (i.e. 2 years wait period after application).

    Thank you for your help,
    soohui

    Reply
    1. Peng Cheng Post author

      Hi Soohui,
      You can count all days in Australia from when you were granted PR, which is 23 Apr 2013.
      PC

      Reply
  148. Wing L

    Hi Peng,

    I was granted PR visa in 2005 and my RRV was expired in May 2010. But I left Australia since May 2009.. If I want to re-entry to Australia , what visa I should apply? And Can I regain my PR status if I can provide compelling reason for my absence
    Thanks & Regards,
    Wing L

    Reply
    1. Peng Cheng Post author

      Hi Wing,
      You may be able to apply for a 155 visa – eligibility requirements are outlined above. We can complete an assessment and provide you with advice in relation to your eligibility.
      PC

      Reply
  149. Deep

    Hi Peng, Wonderful site, most helpful and straight forward website, I would love to recommend everyone.

    I have around stayed in Australia for about 18 months (in the last 5 years) and my PR recently expired, as I am out of the country for more than a year (1 year and 2 months). Now when I get back to Australia on RRV and stay for four months can I apply for 5 year RRV based on the following:

    1. Would the initial 18 month period (which I spent in Australia) be considered, while applying a 5 year RRV (after meeting the 2/5 year rule, after I stay for 4 additional months in Australia) ?
    2. As I have stayed out the country for more than an year, how does this affect the citizenship requirement ? Will the year 4 year residency requirement start on the day I enter the country again ?

    Warm regards,
    Deep

    Reply
    1. Peng Cheng Post author

      Hi Deep,
      1. You don’t have the consecutively stay in Australia for 2 years. You can accumulate the 2 years over the last 5 years prior to the date of lodgement of your application.
      2.
      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
  150. Deep

    Peng,

    I don’t have any personal, cultural, business or present employment ties with Australia. Does previous employment experience in Australia count for “employment ties” while applying for RRV. Currently my PR is expired a few months back and its more than an year I left Australia. I left the country to as my father passed away and had to care for my mother who is also having health issues. Can this be considered as compelling and compassion reason ?

    Are there any options to bring along 68 year old parent to Australia permanently (I would be the last remaining relative), preferably with full healthcare coverage (through medicare or insurance) ? How long would this process take ?

    Reply
    1. Peng Cheng Post author

      Hi Deep,
      We would need to complete an assessment before we can advise in relation to your eligibility. Please see our Contact Us page which outlines our consultation service.
      PC

      Reply
  151. Danni

    Hi Peng,

    I am an Australuan citizen, my husband is German with PR. We have a child together and we run a business in Australia. He went to visit family for 2 weeks and we had no idea about a return resident visa. He is now stuck in Germany not allowed to fly out untill he has a rrv. Of course it is now the weekend and a public holiday on Monday. I have applied online but I am scared of how long it will take as the lady in Germany told my husband to expect to wait up to 7 working days or more. Our business will suffer tremendously if this is the case. Please tell me we will get the visa sooner? Thank you for your time.

    Reply
    1. Peng Cheng Post author

      Hi Danni,
      Processing time is around 1-2 weeks. This is pretty quick compared to other visas so I don’t think that requesting priority processing will make much of a difference. You can always call the Department and ask for priority processing.
      He can also apply for an ETA visitor visa, and then lodge another 155 visa when he is in Australia.
      If the applicant is overseas at the time of application, the applicant must also be overseas at the time of decision.
      PC

      Reply
  152. Ng Wei Loong

    Dear Peng,

    Great Website to help me understand better compare to the government website.
    My Permanent Resident Visa expired since June 2003 while I was in Malaysia. Recently I intended to move back to Australia permanently.

    I have two siblings currently in Australia and I owned a property in Melbourne. (Is the reason suffice?)

    1) If starting June 2015 I try to fulfil 2/5 years requirement using ETA, will I be able to get RRV ?

    2) Is it easier to apply RRV while you are in Australia or oversea? What is my status if I travel to Australia using ETA and apply RRV ?

    Stanley

    Reply
    1. Peng Cheng Post author

      Hi Ng,
      1. No because you can only count time as a PR visa holder. ETA is a temporary visa.
      2. You would be a temporary visa holder if you have an ETA visa.
      I have two siblings currently in Australia and I owned a property in Melbourne. (Is the reason suffice?) If starting June 2015 I try to fulfil 2/5 years requirement using ETA, will I be able to get RRV ? 2) Is it easier to apply RRV while you are in Australia or oversea?
      If you need advice in relation to your eligibility, then we would need to complete an assessment before we can provide such advice. Please see Contact us page.
      PC

      Reply
  153. Mamun

    Hi,
    I and my family was granted Australian PR visa (subclass 175) on Oct ‘2010. I along with my family made first entry on Feb ‘2011 for three weeks. However last year (2014) august only myself went to Australia and stayed for four months. During that time I got my driving license and job as well. However due to my mother’s health condition I had to come back to my home country (Bangladesh).

    My PR visa is expiring on 9th July of this year. Is there anyway I can extend our PR visa?

    regards

    Reply
    1. Peng Cheng Post author

      Hi Mamun,
      We would need to complete an assessment before we can advise in relation to your eligibility – please see Contact Us page.
      PC

      Reply
  154. ashok bhat

    Hello Peng,

    I have been a former permanent resident of Australia, under CLASS BN

    RESIDENT SUBCLASS 136, which was granted on 13th December 2007 and

    which expired on 13th Dec 2012. I made an initial entry and stayed for

    1 month to keep this Visa valid for 5 years. Now that the Visa has

    expired; could I be eligible for re-entry into Australia with a

    Resident Return Visa or any other type of visa for which I qualify due

    to my pre visa status. Kindly guide.

    Regards,

    Ashok Bhat

    Reply
    1. Peng Cheng Post author

      Hi Ashok,
      Eligibility requirements for the RRV are outlined in the above post.
      We would need to complete an assessment before we can advise in relation to your eligibility – please see Contact Us page.
      PC

      Reply
  155. Shahid

    Hi Peng Cheng.

    Thanks for the wonderful and informative website. It is very helpful. I am a permanent resident working overseas in the middle east. My visa was granted on May 2012 and will expire on May 2017. So far I have stayed for only 6 months in Australia.

    After going through all the discussions, i have come to the following conclusions.

    1. Permanent residency allows a person to stay in Australia indefinitely. In my case, if i return to Australia prior to May 2017 i will be legally entitled to stay indefinitely however the visa itself will expire.

    2. After the expiry of my visa in May 2017, i will be needing a resident return visa if i am in Australia and need to travel. Under these circumstances i can most likely expect 157 visa valid for 3 months

    Please confirm if my understanding is correct.

    Thanks and Regards,
    Shahid

    Reply
    1. Peng Cheng Post author

      Hi Shahid,
      1. Yes that is correct.
      2. If you satisfy the relevant requirements We would need to complete an assessment before we can determine your eligibility – please see Contact Us page.
      PC

      Reply
  156. Joey Yap

    Hi Peng Cheng,

    I am currently reside in Malaysia, and my PR is expiring on this 2nd of August 2015, I have met the 2 years staying in Australia within the PR 5 years period. I m buying a ticket back to Australia this 29th of July to renew and back here on 3rd of August.

    Just wondering if I should renew my PR outside Australia or inside Australia would be your recommended advise? Thanks

    Joey Yap

    Reply
    1. Peng Cheng Post author

      Hi Joey,
      If you satisfy 2/5 years, then it doesn’t really matter whether you are in or outside of Australia at the time of lodgement.
      PC

      Reply
      1. RAMI

        Hello Peng Cheng:

        A. I have been living in Canada from 1st Jan, 2014 as a Masters student. After my graduation, I have got an open work permit for 3 years. Therefore, I am under the foreign worker status in Canada at this moment, and not a citizen or permanent resident either (although I am eligible to apply for a PR in Canada). I am a Bangladeshi citizen.

        B. My wife is a PR of Australia. She got her PR in Dec, 2011, and at that time she was single. She went to Australia for 15/20 days sometime in 2012 (for the entry, medicare etc.) However, due to her personal commitments in Bangladesh (e.g. job, ailing mother etc.) she could not stay in Australia on a permanent basis so far.

        C. We got married very recently (only just two months so far). And, now we want to move in to Australia permanently.

        My questions to you are:

        1. Can she be a sponsor for the partner visa (subclass 309/100) from Bangladesh now?
        2. Since she hardly lived in Australia after getting her PR – can this affect the chances of getting the partner visa negatively?
        3. Do you think it would be better and safe for us if she goes to Australia then apply for me, and comes back (because she needs to settle a few things in Bangladesh before moving permanently) after lodging the application?
        4. Does my stay in Canada provide any positivity in the entire process?
        5. How long does it take to obtain a partner visa these days?

        I would highly appreciate if you could reply to my queries.

        Sincerely,
        -Rami

        Reply
        1. Peng Cheng Post author

          Hi Rami,
          We would need to complete an assessment before we can answer your queries – please see Contact us page.
          PC

          Reply
  157. Tan

    Hi,

    I just renewed my RRV and got a 1-year RRV due to not able to fulfill the 2 out of 5 years requirement. I am currently offshore and will be offshore for a period of time.

    Can I continue applying for RRV every year? And will they grant the 1-year RRV each time?

    Reply
    1. Peng Cheng Post author

      Hi Tan,
      Yes you can continue to renew your RRV – you would need to satisfy the legal requirements outlined above.
      PC

      Reply
  158. Lavan

    Hi Peter,

    This is for my sister. She is an Australian permanent resident since 2007 and went to France in 2008 as she married to French citizen. She has renewed her visa 2011 and it was granted for 5 years. She is currently in France but time time travel Australia (she was in Australia around 2 months in total since 2011). Next renew is in 2016.
    My questions are:
    Does she need to come to Australia to renew her visa or she can renew from France?
    If she granted France citizen can she maintain Australian PR as well?

    Reply
    1. Peng Cheng Post author

      Hi Lavan,
      She can lodge a 155 visa application from inside or outside of Australia.
      Having French citizenship doesn’t impact your eligibility for a 155 visa.
      PC

      Reply
  159. Tan

    Hi Peng Cheng,

    Thanks for the feedback. Can you please elaborate “you would need to satisfy the legal requirements outlined above.”??
    As mentioned, I will not be in the country and will be offshore.
    While offshore, will my application for a 1 year RRV be approved continuously every year? Thanks in advance.

    Reply
  160. Annie Lionel

    Peng Cheng Hi,

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

    Annie

    Reply
    1. Peng Cheng Post author

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

      Reply
  161. Johnny

    Hi,
    I got my Skilled independent – 189 PR May 2014 along with My wife and Infant Daughter, Valid till 2019.
    I moved to Australia in September 2014 and my Wife/Daughter joined me in November 2014.
    Long Story Short…
    I couldn’t find a job in Australia but I found a good one in Doha and moved to Qatar in January 2015 along with my family.

    My Question:
    1. Do I have to make an Entry in between this period (May 2014 – May 2019) to Australia for any legal reason or not because on my PR it says … Stay: Indefinite, Travel: Multiple, Conditions: Nill.

    2. Mainly I would like to work here in the Gulf for 6-8 years and then move to Australia. Could you tell me what course of action should I adopt for this.

    Thank you For the Wonderful Help.

    Reply
    1. Peng Cheng Post author

      Hi Johnny,
      You only need to make your initial entry, which is stated in your visa approval notice. Its sounds like that you have already visited Australia and satisfied the initial entry requirement.
      We would need to complete an assessment before we can advise in relation to your visa options – please see Contact us page.
      PC

      Reply
  162. Andrea

    Hi Peng,
    Great Info ! I have an Australian Daughter . My son , Husband and me had a PR Granted Feb 2009, and arrived in Aus on July 2009 , lived there until June 2011. Additional info I studied between 2001 and 2003 in Australia with a Student Visa.
    We had to travel to our home country for strong family reasons. So we couldn’t complete 2 years within the 5 years holding the PR. Overall we spent 19 months living in Australia as PR.

    1. Could we still apply for the 5 Year RRV given my Daughter is Australian and we can prove our departure had strong reasons.
    2. Once we return to Australia on this visa , are we going to continue with the same PR privileges.
    3. Once you return to Australia with a RRV can you change your visa to a PR for 5 years .
    4. If we have a RRV can we stay permanently in Australia
    Thank you
    A

    Reply
    1. Peng Cheng Post author

      Hi Andrea,
      1. No because you need to satisfy the legal requirement outlined above.
      2. You would need to hold an Australian PR visa, such as the 155 visa which is explained in the above post. We would need to complete an assessment before we can advise in relation to your visa options – please see Contact us page.
      3. No.
      4. Yes.
      PC

      Reply
  163. dheeraj

    Hi,
    I just wanted to ask like i did my masters in accounting from melbourne australia from 2005-2007 and then applied for pr there and infact got it on 05 sep 2007 but returned back to india for some medical family reasons with late grandfather, father and younger brother on 26 jan 2009 and now that my pr has already exp on 05 sep 2012 and so it’s been now say about 3yrs been pr exp and about 6years and few months but now that family is full setteled so is there any possiblity i can apply for resident return visa again and can i take my wife and one year old baby with me and which visa should i apply for and what kind of medical proof i need to show you to prove it and how much time generally it takes for the decision to come and what are the chances of getting the pr back.

    Reply
    1. Peng Cheng Post author

      Hi Dheeraj,
      We would need to complete an assessment before we can advise in relation to your visa options – please see Contact us page.
      PC

      Reply
  164. rane

    Hi.. we have 190 – State sponsored visa. But due to certain circumstances we are not able to go to our sponsored state. We are living in different state in Australia. Our visa condition states “NIL”. but we still did notify the state that we won’t be able to come there soon but will definitely try and come there later on. We got a reply from the settlement officer saying as we haven’t met our obligation our application will be closed and stated “obligation not met”. Can you please explain what exactly does that mean and will it effect our PR or citizenship in future when we’ll apply for it.
    Thanks a lot!

    Reply
  165. Craig

    If 186 visa holder live in Australia only several months in last 5 years, will Department grant 1 year RRV or cancel his visa since he should work for his employer for 2 years in Australia.

    Thanks a lot..

    Reply
    1. Peng Cheng Post author

      You are allowed to lodge a 155 visa application as a 186 visa holder. I haven’t tried such an application for a client, but the Department should grant the 155 visa if the relevant requirements are satisfied.

      Reply
  166. Karen

    Very informative, thank you, but I am confused. We were granted Australian PR in 2008, we validated our Visa (whilst on holiday 3 weeks) in 2009. We returned to the UK after the holiday. We did not move to Aus until Aug 2010 (Period of 18 months not returning to Australia). We have lived here since 2010, not leaving. We are legible to apply for Australian Citizenship, but is it correct that we need Police Clearance checks again from the UK, due to us validating our Visa and returning to the UK? Thank you

    Reply
    1. Peng Cheng Post author

      Hi Karen,
      Department’s website states:
      You will need to provide original penal clearance certificates from overseas countries if, since the grant of your permanent Australian visa:

      you lived or travelled overseas since the age of 18 years or over, and
      the total time spent overseas added up to 12 months or more, and
      the time spent in any one country was more than 90 days, or
      you are requested to do so by the department.
      PC

      Reply
  167. Lucien

    Good morning,

    After spending 4 years studying in Melbourne, I applied for a PR visa that has been granted in June ’11 and it expires in June ’16.

    I left Australia for work in August 2012 and I intend to apply for a RRV Subclass 155. I worry that I don’t satisfy the “2 years out of 5″ requirement, and I would like to clarify whether I do satisfy that requirement.

    Using the example in the article, if I were applied now, would I have satisfied the 730 days requirement between June 2010 and June 2015? I would’ve resided in Australia as a PR from June ’11 to August ’12, as well as being under a student visa from June ’10 to June ’11.

    Also, in the worst case scenario where I do not have an RRV with 5 years international travel facility granted, if I were to apply for an RRV with 1 year’s international travel facility, how do I show that I have Employment Ties with Australia? I am currently carrying out related work (with my Electrical Engineering Degree) and I will be continuing this work in Australia soon.

    Thank you for your time and patience.

    Reply
    1. Peng Cheng Post author

      Hi Lucien,
      You should be able to call the Department and confirm the exact number of days that you lived in Australia as a PR visa holder.
      You would need to secure a job offer in Australia.
      PC

      Reply
      1. Lucien

        Ah, thank you!

        Is there any chance you could pass me the correct phone number to call? I would be calling from Malaysia so I’m not sure whether to call an Australian branch or a Malaysian one.

        Reply
  168. Candice

    Hi, fantastic site. I am Australian citizen currently living overseas and married for 5 years to my Indonesia husband, we have 2 children together who have dual citizenship. We are in the process of applying for a spouse visa for Australia and assume we would meet the requirements where my husband would be granted permanent residence straight up.
    I am confused at the requirement to live in Australia for 2 years out of 5 as we don’t see this occurring until our children need to start high school. Based on this, in 5 year’s time would he lose his permanent status and need to reapply.

    Reply
    1. Peng Cheng Post author

      Hi Candice,
      As explained above, if he doesn’t satisfy the 2/5 year requirement, then he can apply for a 1 year RRV on the basis of having substantial ties to Australia.
      PC

      Reply
  169. EP

    Hi Peng Cheng,

    My visa was granted in 1992 and lived in Australia 9 years before coming to Malaysia. Currently in Malaysia and have not fulfilled 2years / 5years, only appox. 30days and my visa is expiring on 27 Aug 2015.

    I have the intention to return and reside in Australia and am in the midst of making all the necessary arrangements, hopefully by Nov 2015, latest in Jan 2016 with husband (not PR) and 2 kids under 18 (not PR)

    1) In your opinion, would I be granted a 1 year or a 3 months visa based on the fact that I have only fulfilled approx. 30 days / 5 years
    2) If I do not renew my visa by 27 Aug 2015, can I renew in Nov 2015, prior to my return back to Australia?
    3) Should I go ahead and apply for my husband and kids now or should I wait until my visa has been ? I heard it could take up to 14 months.

    Really appreciate your time and looking forward to your answer. Thanks!

    EP

    Reply
    1. Peng Cheng Post author

      Hi EP,
      1. You should need to demonstrate substantial ties to Australia as explained above.
      2. Yes if you satisfy the relevant visa requirements.
      3. Offshore partner visa processing time is around 8-12 months.
      PC

      Reply
  170. Tamer

    Hi Peter,

    I have a PR since May 2012 myself, wife and kids. I have been to Australia twice in the past 3 years for almost 2 weeks simillarly my family. I own a house in Sydney which is under mortage as well. The house is managed by property manager and being rented on long term basis however, it is still rented at loss (interest costs+expenses are higher than the rental income) from tax perspective. My PR will expire in May 2017 by that time It would be 2.5 years since I bought the house. Will this house entitle me/family for RRV based on personal ties?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Tamer,
      We would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  171. Michael

    Hi PC,

    I’m from Singapore and graduated from an Australian university in mid 2002. I applied for an offshore subclass 136 after graduating and returned to Singapore to work while waiting for the application results. My subclass 136 was granted on the 16 Dec 03 and as I was already employed in Singapore at that point of time, I only entered Australia as a permanent resident on the 17 Nov 04 after I left my job in Singapore to look for employment in Australia. I spent 2 months trying to get employed in Australia without much luck and depleted all my savings so I had to return to Singapore. Since then, I haven’t entered Australia other than for vacation as a non resident after my subclass 136 visa expired.

    If I were offered employment in Australia at this point of time, would I be eligible for the RRV? For the employer, would they be considered as trying to employ a non Australian resident and therefore would have to justify to immigration on why they are trying to employ a non resident from overseas as opposed to someone from Australia with similar skill set? Would it be as easy as applying for the RRV and providing the letter of offer from a prospective employer to show employment ties to Australia?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Michael,
      We would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      You would be entering as a non permanent resident, if you enter on a temporary visa. You’d need to get a RRV or another PR visa if you want to enter Australia as a permanent resident.
      PC

      Reply
  172. davis ng

    Dear Peng,

    Thank you for this helpful website. It is fantastic.

    Having read the above, I am still unsure if I meet all the requirements for for a renewal of my 155 visa that expires in Aug 2015. Could you please provide some guidance? I left Australia for Singapore late 2008. My RRV 155 was renewed in Aug 2010. I have made about four trips back to Australia since 2008, each for no more than a week. My RRV 155 expires in Aug 2015 and I intend to continue making Australia my home even though I plan to work overseas until 2017. I worked for an Australian bank in Singapore for almost three years from 2009 – 2011. My elder sister has been living in Australia for the past 20 years.

    Am I eligible for a visa renewal and if so, can I let my RRV expire in Aug 2015 and only apply for a renewal when I move back to Australia 2017 ?

    Thank you so much.

    Reply
    1. Peng Cheng Post author

      Hi Davis,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  173. Rahul

    Hi PC,

    I have been granted Aus PR in 2012 June and it expires in June , 2017.
    Till now i have stayed for 8 weeks in Aus and plan to return in June 2016 and work there.
    Should i still apply for RRV in June 2017 as my intention is stay in Australia ?

    Thanks
    Rahul

    Reply
    1. Peng Cheng Post author

      Hi Rahul,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  174. siavash

    Hi please ignor privious message and follow up bellow:
    My wife has been granted Aus PR in 2010 September and it expires in , 2015 September.
    She was in Australia for 7 months.she is in her country and she has got married with me last year.i apply for partner visa(309)and my visa granted in may 2015.my wife is pregnant and we want come to australia before her PR expiry date.Our baby will born in australia after 3 months of visa expiry date.
    1. Is Our baby australian citizen? And can we get for him australian passport?
    2.my wife can apply for RRV 1 year regarding to our baby (australian citizen)
    3.General question, after my wife expired vias,how can we come to australia while i have valid visa(309)?
    Please don’t refer me to above and answer my qustions.
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Siavash,
      1. A baby born in Australia is a citizen if one of the parents holds a permanent residency visa.
      2. Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      3. Yes if you hold a valid visa.
      PC

      Reply
  175. Michael L

    Hi there, my PR was granted in 2004. It expired in 2009 and I successfully got a 5 yrs RRV which it then expired in 2014 May. My situation is that I did not make even one day of return to Australia within the five years of RRV (2009-2014 May). I have been living and employed in Hong Kong for all these years. It was unfortunate that I was diagnosed with having lymphoma, a sever illness, in 2012 Nov. The chemo treatment began right away until June 2013. It’s important to have hospital follow up check for years especially the first two years, and which is why I chose to remain in Hong Kong until now.

    I lodged in Hong Kong to apply for RRV on the 19th May 2014 while the expiry of the RRV was on 22nd May 2014. The immigration replied on 6th June and the result was a NO for any RRV even though they accept that I have had compassionate and compelling circumstances that have prevented me from relocating to Australia, after November 2012, I have not provided any compelling or compassionate reasons for remaining outside Australia from 2004.

    May I ask what is my best shot to apply for RRV again or even a 3 month RRV? I’m ready to return anytime.

    In the immigration reply letter, they have considered the whole of of relevant ties with Australia and find that cumulatively I do not have substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia.

    I do have my sister who is an Australian Citizen living in Australia.

    If they decline again and if I go for a tribunal review, would there any difference can be made?

    Many Thanks,
    Michael

    Reply
    1. Peng Cheng Post author

      Hi Michael,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  176. Moshi

    Dear Peng,

    Thanks for assisting people regarding very important PR issues. I came in Australia in February 2011 to do my PhD and then applied for PR on last May 2015 after successfully finishing my program. If everything is ok and I’ll get my PR, I want to return to my home country within 1 month after having my PR for 3 years to continue my University teaching job over there to become a Professor in my subject with a promotion, and then want to come back again here permanently to be citizen. Do you think I can do it without any problem, or I need to do something else (i.e. need to stay here at least couple of months after PR, or get another kind of VISA to leave Australia or must come back here within 3 months, etc.)? Thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Moshi,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  177. Kirstin

    Hi Peng,
    Our 5 year PR expires in December 2015. We have not been back to Australia in those 5 years. Could we apply for a 1 yr RRV on the basis that I had a recurrence of breast cancer at the beginning of this year and I am now having hormone injections every 3 months that I would like to see through with my current oncologist. Would that be classified as having a severe illness? And could I renew it every year if that is the case?

    Reply
    1. Peng Cheng Post author

      Hi Kirstin,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  178. Brad R

    Hi there, great information here but I just want to get my situation straight so I don’t get things wrong. I am Australian and my wife is Canadian but an Australian Permanent Resident. She lived in Aus for 8 years and we had 2 kids in Australia. We moved to Canada for no other reason than so her Parents can have a few years with the kids but were always going home to Aus to stay. She will get citizenship when we get back when she is able to.
    We have been away 2 years but I just realised that her PR was given to her just over 5 years ago. We want to come home in no more than 2 years so she would not have been out of Aus continuously for 5 years. SO

    1) which visa do we go for when we want to come back to Aus and
    2)When do we apply for it? now or within a year or so before we come back. I assume it’s the 1 year visa so we apply within a year or so of coming back.
    3) what happens if we went home for a holiday? does that increase the time we could stay if we wanted?
    Any help would be appreciated
    Thanks so much
    Brad

    Reply
    1. Peng Cheng Post author

      Hi Brad,
      She may be able to apply for a 155 visa – visa requirements are outlined in the above post.
      2)When do we apply for it? now or within a year or so before we come back. I assume it’s the 1 year visa so we apply within a year or so of coming back. She can apply at any time that she satisfies the visa requirements.
      3) what happens if we went home for a holiday? does that increase the time we could stay if we wanted? She needs a valid visa to return. See above post for 155 visa requirements
      PC

      Reply
  179. Brad R

    Thank you so much for the reply just one more thing. I see the 155 should apply to us as we have only been out of the country for 2 years out of the preceding 5, but is it a problem that her 5 year PR after lodging has expired and we are now out of Aus? We can still lodge the 155 in this case?
    Thanks again its appreciated

    Brad

    Reply
    1. Peng Cheng Post author

      You can apply for a 155 visa from outside of Australia if you satisfy the 2/5 year requirement. You can apply after your current PR expires.

      Reply
  180. Jose

    Hi Peng,

    This is a great place.. surely I have seen a lot of help going on here. I will aslo need some support. I have 2 cases. We live in the UAE but are orignally from India and my wife is the primary applicant. Our PR expires on 15th Sept 15.

    My 1st issue is my son was born after our PR was granted. We had decided to stay in UAE since we had a business. But recently due to changes in the condition we decided to make the plunge. I am confused on how should I proceed on my son’s case.. should I apply PR right away for my son and enter the country with a visit visa for him. or should I enter the country with a visit visa for him and then apply for the PR. Which of these would be a better option.

    2nd Issue.

    After entering the country in sept my visa will expire. I will be setteling my family and will rent a house there. However I will need to come back to UAE for a week in october for handing over my duties as my replacement will only join then. Is there any possibility that I will be granted the RRV 157 class after landing in australia so that I could transfer my duties properly and return to australia immideately. Kindly advise as this I am not clear on this approach. I understand the RRV if applied within australia takes a day.. but can I apply for an RRV after landing immideately is my concern. For sure our objective is to settle in Sydney at the earliest.

    Thankyou & God Bless

    Jose

    Reply
    1. Peng Cheng Post author

      Hi Jose,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  181. Ned Lim

    Hi Peng Cheng

    Thanks for the great article.

    My 5 year RRV will expire mid next year. I am currently overseas working and would like to continue doing so at least for the next few years.

    Instead of applying for a 1 year RRV, would it make sense for me to re-apply for the 189 visa so that I can get a 5 year RRV again?

    Thanks.
    Ned

    Reply
    1. Peng Cheng Post author

      Hi Ned,
      Yes you are allowed to do that. You would get a 5 year visa if you get a 189 visa.
      PC

      Reply
  182. Aamir Aziz

    Dear,

    I have few questions, would appreciate your kind reply:

    I got PR in May 2013 which will expire in May 2018. I plan to move to Australia in Oct 2016, which mean I will complete approx. 19 months so my question is:

    1) When my PR expires in May 2018 what is my legal status, will I lose any benefits? will I be illegal in Australia?
    2) Can I wait till Oct 2018 and then apply for RRV to be eligible for 5 yr RRV? During This period between may 2018 and Oct 2018 will I have a problem staying in Australia?
    3) RRV can be applied online or is there a medical test / interview for it?

    Reply
    1. Peng Cheng Post author

      Hi Aamir,
      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.
      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).

      Yes you can apply online. Medicals and interviews are generally not required.
      PC

      Reply
  183. Law

    Dear Peng Cheng,
    I am looking forward if you can help me to clarify the following:
    1. I obtained my PR on Feb 2012, as primary applicant, which expires on Feb 2017. Up to now (June 2015), my wife, daughther and myself has spent only one (1) month. I intend to move over alone to Australia from Aug 2015, Technically, I would have accumulated 20 months out of 24 months when my visa expires on Feb 2017. Can I stay 5 stay in Australia until 30 July 2017 to make sure i accummulate the 24 months before renewing my PR and will I be able to obtain 5 years extension ?
    2. Secondly, if I move over in August 2015 and thinking to exit Australia for short business trip (2-3 days) on and off, do I need to apply the 1 year RRV already, say if I need to make a short trip overseas on Oct 2015,
    3. My wife and daughter – dependent, will only join me on 1 Jan 2017, will they be able to renew their PR for 5 years with me if I renew on 30 July 2017.
    4, Must my wife and daughter (9 years old) need to pyhsically stay in Australia for 4 years before they can apply for a citizenship ? Or they can just follow me (being the main applicant) to apply for the citizenship, so long I clock in for 4 years ?

    Thanks
    Kind regards,
    Law

    Reply
    1. Peng Cheng Post author

      Hi Law,
      1. As stated above, you can live in Australia indefinitely if you return before your current PR visa expires.
      2. You can use your current and valid RRV to travel.
      3. No – each applicant needs to satisfy 2/5 years for a 5 year visa. They should be able to apply for a 1 year RRV if you get a 5 year visa.
      4. Each applicant needs to satisfy the residency requirement for citizenship.
      PC

      Reply
  184. Chris Dickons

    Dear Peng,

    The above information is the clearest I have seen on any website. Just a quick question if you could please help clarify:

    We moved to Australia in 2012 on a PR Visa. After spending 740 days in Australia, we unfortunately had to relocate back to the UK for family reasons. My PR expires in 2017 and while we fully intend to return to live in Australia, it may not be before my PR expires. We also have a daughter who holds an Australian passport.

    I assume we meet the criteria for a 155 visa, but will I be able to apply for the visa from overseas without a definitive return date?

    If not, am I able to take a holiday to Australia before my current visa expires and apply for a 155 visa before returning to the UK?

    Any help you can offer on this matter would be greatly appreciated.

    Kind regards

    Chris

    Reply
    1. Peng Cheng Post author

      Hi Chris,
      I assume we meet the criteria for a 155 visa, but will I be able to apply for the visa from overseas without a definitive return date? You can apply at anytime that you satisfy the relevant visa requirements.
      If not, am I able to take a holiday to Australia before my current visa expires and apply for a 155 visa before returning to the UK? You can travel to Australia as a PR visa holder if you return before your current PR visa expires. Yes you can lodge an onshore 155 visa application.
      PC

      Reply
  185. law

    Dear Peng Cheng,
    Thanks on your very prompt reply.

    With reference on 22 June where you stated that each applicant needs to satisfy the residency requirement for citizenship, may you advise if these are applicable also for my 9 years old daughter. I am thinking to bring her back to Australia after she attain primary 6 education overseas and I initlially though that I can apply together with her for citizenship so long I physically stay in australia for 4 years and given that she is still at minor age.

    Reply
    1. Peng Cheng Post author

      Hi Law,
      Already provided our answer for this query.
      Department website states:
      If you became a permanent resident on or after 1 July 2007 the residence requirement is:
      You must have been living in Australia on a valid Australian visa for 4 years immediately before applying, including 1 year as a permanent resident, and
      You must not have been absent from Australia for more than 1 year during the 4 year period, including no more than 90 days in the year immediately before applying.

      Variation to the residence requirement: http://www.citizenship.gov.au/applying/files/support_docs/support_1300t_1290/resi_variation/

      PC

      Reply
  186. Intan Fuhaira

    My husband, three children and I all have PR status and our RRV expires in April 2016. We plan to move this year by December and the three children will be attending public school in Australia. When do we renew this RRV is we do not need to travel overseas for 2016? If we do, when do we need to renew this by? What is the fee for renewal? We have not been in Australia for 2 years out of the 5 years. The first time is a few years back and another time is this year. Please advice. Thank you.

    Reply
    1. Peng Cheng Post author

      Current application fee for online application is $345 for each applicant.
      You need to renew in order to leave and return to Australia as PR visa holders after the expiry of your current PR visa.

      Reply
      1. Intan Fuhaira

        Current PR Visa? PR visa is indefinite is it not? Or are you referring to the RRV? Are they the same thing? Can we renew before expiry or must we wait for April 2016 and then renew?

        Reply
        1. Peng Cheng Post author

          International travel with permanent residency visas

          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).

          Reply
  187. Anoop

    Dear Peng,

    Thanks for having such an informative site.

    Myself and family were granted PR on 7th Jun 2010 and will expire on 7th July 2015 (Iam the primary applicant). We did the initial entry for two weeks in Nov 2010 and then went back overseas for work. Now i am in Australia since 20th May 2014. But my family (wife and two kids) joined me later in Jan 2015. Kids are now enrolled in school here and wife is currently searching for work.

    1) Do i need to apply for an RRV if we want to continue our stay in Aus on expiry of our PR?
    2) Will i be eligible for a 1 year RRV if i plan to go overseas for work, with my family continuing their stay in Australia?
    3) My understanding is that as soon as i complete 730 days of stay in Australia on cumulative basis (including those days when iam on a 1year RRV) i will be eligible to get a 5 year RRV. Is that correct?
    4) Does my eligibilty to get a 5 Year RRV automatically qualifies my family members to a same period or do they have to individually satisfy the criteria?

    Please reply.

    Thanking in advance for your cooperation.

    Kind Regards

    Anoop

    Reply
    1. Peng Cheng Post author

      Hi Anoop,
      1. Yes if you want to enter Australia as a PR visa holder.
      2. Yes you should be granted a 1 year visa.
      3. Yes you can apply if you satisfy 2/5 years.
      4. Each applicant needs to satisfy the 2/5 year requirement.
      PC

      Reply
  188. John

    Hi Peng,

    Thanks a lot for wonderful website.

    I got my PR in Aug 2009 and moved to Australia with my wife and 2 kids on July 2014.
    My 7 years old daughter goes to local school and I have just purchased a house recently that i am going to rent it out.

    And, due to work, we need to relocate to another country again.

    With my conditions above:
    * have lived 1 year in the past 5 years in Australia
    * kid went to school
    * rented a house
    * own property now

    I know i can get 1 year rrv easily if i apply it now.

    My question is, could i get 1 year RRV for the next 2 – 4 years based on my situation above?. (assuming i re-apply the rrv , every year when it expired).

    Thanks in advance.

    cheers
    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      We would need to complete an assessment before we can answer your query – please see contact us page.
      PC

      Reply
  189. Aidan

    Hi Peng,

    I am a Permanent Resident. I applied and got an RRV for 1 yr on July 2nd 2014. (Previous to this i had been out of the country for more than 5 years). I provided supporting docs explaining my absence and my intent to relocate with my family back to Oz. My family are still overseas and unlikely now to move back for at least another year. When applying this time, I’ve been told i cant use the same argument in support of my application, i.e. that we planned to move back as this hasn’t happened yet.

    I now have a permanent government job here. Will this be enough info to supply in support of my application this time? (I have been here for most of the year – except for around 7 weeks spent overseas with my family).

    Regards,

    Aidan

    Reply
    1. Peng Cheng Post author

      Hi Aidan,
      Sorry but we would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.
      PC

      Reply
  190. Ships

    Hi

    My husband and 8 year old son are both Australian citizens. I left Australia in July 2007 and my PR expired in 2012. I never had to travel back during the time I was away from Australia however we now wish to return back and stay permanently. We do not have any other ties in Australia at the moment. Do you think there are good chances that I might get a 1 year RRV?
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Ships,
      You probably have substantial ties to Australia, but as explained above, you need to demonstrate compelling and compassionate reason for your last departure and absence from Australia.
      PC

      Reply
  191. John

    II have a query concerning citizenship eligibility. I would be eligible for citizenship by August, when I would be exactly four years in Australia and also be more than 2years as an Australian permanent resident. Would my two kids , ages 5 and 7 be eligible for citizenship since they would be 4month short of the required 4 years residency in Australia?

    Thanks
    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      Each applicant needs to satisfy the requirements for citizenship when they apply.
      PC

      Reply
  192. Sarah

    Hello Mr Cheng,

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

    Reply
    1. Peng Cheng Post author

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

      Reply
  193. Rajeev

    Hi Peng,
    I have a situation, where I am in the verge of getting my Canadian citizenship, but my PR (as per grant letter) is expiring next month. I wish to move to Australia but do not want to forego the Canadian citizenship. As I have not stayed nor worked in the past 5 years in Australia, no close ties and I understand I am not eligible for RRV.
    So is it possible to travel on Canadian passport (ETA) and then start living there as a permanent resident say after the expiry of the grant letter. At the border while entering should I declare that I am PR holder though entering Australia as a tourist. Will this make my PR cancel in the eyes of immigration law. Please advise

    Reply
    1. Peng Cheng Post author

      Hi Rajeev,
      If your PR visa expires, then you can’t use this to return to Australia as a PR visa holder. If you return on a temporary visa, then you are a temporary visa holder. You need to apply for a PR visa.
      PC

      Reply
  194. Shabina

    Hello
    I left Australia and did not realize my PR expired. When I returned, I was granted a Border (Temporary) (Class TA) (subclass 773) Visa for 30 days. What should I do now? Should I be applying for RRV 155 visa?

    Reply
    1. Peng Cheng Post author

      Hi Shabina,
      You can apply for a 155 visa – eligibility requirements outlined in the above post.
      You then need to apply for a bridging visa which will allow you to remain in Australia until a decision is made – you can use Form 1005.
      PC

      Reply
  195. Sandy

    Hi, I have lived in Australia since 1982 but left in 2010 to find permanent work teaching in UAE. I am staying with one of my 3 children here and my visa expired. I am working in Abu Dhabi for one more year and would like to renew my 155 RV. Is it all on line or can I make an appointment in Sydney?

    Reply
    1. Peng Cheng Post author

      Hi Sandy,
      You can either lodge an online application, or post the application to the Department. I don’t think that they accept applications at their offices anymore, but you can call and ask.
      PC

      Reply
  196. Rajeev

    Thanks Peng,
    Given to understand, a holder of a permanent residency visa may remain in Australia indefinitely. So if I return under a temporary visa holder, does that cancel my PR rights in Australia, as I may not be able to use it for entering Australia due to travel after the expiry date. Can one not use their PR status after arriving on temporary visa, to establish close ties and then convert it into a RRV. I thought this will be better than going through all the hassles of a new PR visa application. Another related question is if I enter Australia before expiry of my PR visa, can my family apply for RRV and join me even though their PR gets expired.

    Reply
    1. Peng Cheng Post author

      I don’t understand your questions.
      Everyone needs a valid and current visa to enter Australia.
      PC

      Reply
  197. Emran

    Hi!
    I have applied for RRV online while stating in Australia. I am waiting for the visa decision but in the mean time i need to travel overseas and i have current visa expiring in 2 weeks. What will happen to my application if I am overseas next few months? Do they provide the decision and notify me?

    Regards

    Reply
    1. Peng Cheng Post author

      Hi Emran,
      You can be in or outside of Australia at the time of decision if you lodged your application while you were in Australia. If you satisfy the requirements for a 155 or 157 visa, then the Department can grant you this visa even if you are outside of Australia at this time.
      PC

      Reply
  198. Rose

    I am an Australian citizen my name is Rose. I have family in Australia with long term residency. My daughter is also born in Australia and is currently working in Australia. I have a son with permanent disability who has acquired Australian citizenship by decent.He has a DSP pension . My son and husband and myself are currently residing in Italy. In the very near future we want to sell everyrhing here and go and live in Australia permanetlyThe problem is my spouse.He is an Italian citizen and a former PR in Australia from the periods 1985 to 1989. Since this time his entry in Australia has been for short periods of time with tourist visas. Now before appling for the 309-100 partner visa would he be eligible for the RRV visa.Are the reasons above valid to demonstrate substantial reasons for our long absence and have enough criteria to fill in for personal ties as requested.

    Thankyou waiting for your reply Rose

    Reply
    1. Peng Cheng Post author

      Sorry but we would need to complete an assessment before we can advise in relation to his visa options – please see contact us page.
      PC

      Reply
  199. PR visa holder

    Hi Peng

    Firstly thank you for a very informative website. It answered most of my questions.

    I have one query.

    I was the primary applicant for pr visa. My 14 year old son was the dependant and we both got pr visas recently. My son goes to boarding and will continue to do so in the next 6 years.

    I work and live overseas. I cannot move to Oz because I don’t have employment on Oz. I need to keep working.
    I do visit australia occasionally.

    While my son will meet 2/5 requirement, I will not. By 5 years my son will be 19 yes old.

    is my son been in Oz qualify for “close ties”?

    Appreciate your feedback.

    Reply
    1. Peng Cheng Post author

      Hi,
      Having a son living in Australia that holds PR should be sufficient to satisfy the substantial ties requirement.
      PC

      Reply
  200. Muammad ashaim

    hello sir ;
    how to apply for a travel document from overseas. my travel document was for two years now it is expiring soon thanks

    Reply
    1. Peng Cheng Post author

      Hi Muammad,
      See above post if you need to apply for a 155/157 visa.
      You can lodge an online application after creating an Immiaccount on the Department’s website.
      PC

      Reply
  201. rajkumar

    I would like to know whether I can apply for Subclass 155/157, I have my own sister resides in NSW and she is a PR holder.?

    Thanks,
    Raj

    Reply
    1. Peng Cheng Post author

      I don’t think that having a sibling in Australia is sufficient to satisfy the substantial ties requirement.
      We would need to complete an assessment before we can advise in relation to your visa options – please see contact us page.

      Reply
  202. Max

    Hi
    I would like to know whether I can apply for Subclass 155/157, my sub class 136 is granted 28 Jan 2003?

    Best regards,
    Max

    Reply
  203. Rochelle johnsen

    Hi,

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

    Appreciate your insight.
    Rochelle

    Reply
    1. Peng Cheng Post author

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

      Reply
  204. Hui

    Hi Peng,

    Thanks for maintaining such an informative website.

    My family were granted PR in March 2010 with me being the primary applicant. My daughter and I have been in Australia for 2/5 years and will be applying for our RRV in August 2015. My husband and two sons are currently overseas due to work commitment and their education and are unable to fulfill the 2/5 requirement but they would like to return to Australia in late 2015.

    1) If I were to be granted the RRV for 5 years in August, can my husband and sons qualify for the RRV (1-year?) on the ground of us (me and my daughter) being in Australia?

    2) Will it suffice for my husband and sons to satisfy the substantial ties requirement for RRV by having me and my daughter in Australia?

    Looking forward to your advice. Thanks.

    Best Regards,
    Hui

    Reply
      1. Hui

        Hi Peng,

        Thanks for your prompt response to my earlier questions. Further to that, if I were to be granted the 5-year RRV, I plan to travel overseas in Sept 2015. My husband and sons are unable to meet the 2/5 requirement and if they submit their RRV applications while I am overseas/not in Australia, would this affect their application/ substantial ties requirement for the 1-year RRV?

        Thanks & Regards,
        Hui

        Reply
        1. Peng Cheng Post author

          The visa applicant doesn’t need to be in Australia at the time of lodgement to satisfy the requirements for the 1 year RRV.

          Reply
  205. Aymen

    Hi Peng,
    i’m currently holder of PR since May 2013 but still overseas, i will move permanently to Australia in February 2016 son means to say i will live more than 2 years in Australia before my visa expire.
    do i need to submit RRV to qualify for citizenship or since i will continue to live there i can submit for citizenship after completing the 4 years ?
    thanks and regards

    Reply
    1. Peng Cheng Post author

      Hi Aymen,
      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.
      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).

      You can apply for citizenship when you satisfy the relevant requirements.
      PC

      Reply
      1. Aymen

        thanks for your prompt reply Peng,
        in other way what i wanted to know is, when i’m applying for citizenship, do i need my PR visa to be valid (means within the 5 years) or if after 5 years can i apply or i need RRV before that?
        all this assuming that i satisfy the relevant requirements of citizenship.

        Reply
        1. Peng Cheng Post author

          You only need to apply for a RRV if you need to travel. You can apply for citizenship even after your current PR visa expires.
          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.

          Reply
  206. uma

    Dear Peng
    This is a wonderful website. Thank you for all your answers. My family has Permanent residency till oct. My husband is overseas to attend a domestic situation for the last one year. Can he apply from there? what would be the ideal time before expiry of visa or after?
    Thank you
    Uma

    Reply
    1. Peng Cheng Post author

      Hi Uma,
      As explained above, the applicant can be in or outside of Australia at the time of lodgement.
      Please see above visa requirements – he can apply at anytime that he satisfies the requirements, so there isn’t really an ideal time to apply.
      PC

      Reply
  207. Joey Lau

    Hi Peng,

    My father in law’s 5 year PR visa is about to expire in mid August 2015. All of his children and his wife are Australian Citizens. However, he has stayed in Australian less than 24 months in the past 5 years. Can you please help with the following questions:

    1. Does my father in law meet the requirements to apply for a RRV and meet the personal ties requirements? if yes, one year or 5 years?
    2. How long will the processing time be?
    3. Does he have to apply before the PR visa expires or he can still apply the RRV after the PR visa has expired?
    4. Does he have to stay in Australia during the processing time?

    Thanks for your help.
    Joey

    Reply
    1. Peng Cheng Post author

      Hi Joey,
      1. He should be able to get a 1 year visa – see above.
      2. 1-2 weeks
      3. He can apply either before or after his visa expires – he needs to satisfy the above requirements.
      4. No.
      PC

      Reply
  208. Wen

    Hi Peng,

    My RRV expired 30/7/15 and I have applied in Australia on 14/7/15. Currently I back to Brunei due to employment purposes.
    My queries is i get the acknowledgment email from the department on 15/7/15 as valid application but haven’t get the grant yet after 2 weeks. Will there be any chance to contact the department for the delay? Or normally how long it takes for the RRV process?
    Both my child just granted the subclass 101 visa, is there a strong and substantial tied for me to get a year RRV since I haven’t stay 2 out of 5 years in Australia?
    Thanks Peng if you could advice.

    Wen

    Reply
    1. Peng Cheng Post author

      Hi Wen,
      Processing time is usually 1-2 weeks.
      You can follow-up with the Department.
      I’m not sure if those ties are sufficient but your case officer will contact you if they have concerns – feel free to contact us if you need assistance.
      PC

      Reply
  209. Christopher

    Hi Mr Cheng,

    Thank you for such an informative website.

    My wife and I are currently holding a 5 year RRV since March 2013. Our daughter was born in 2014 and holds Australian citizenship. However, our whole family were back to our home country, Malaysia due to business commitments. As of now, we do not have plans to relocate back to Australia permanently until our daughter is much older.
    Neither my wife and I have satisfied 2 year stay in Australia, therefore we would only entitled to 1 year RRV at most.
    Was wondering given that
    1. Our daughter is an Australian citizen
    2. We own a house in Melbourne that is currently being rented out
    3. My brother and his family settled in Australia permanently
    What are the chances that my wife and I to keep on renewing 1 year RRV? We do plan to settle down permanently in Australia, when our daughter is much older (which can be quite a number of years down the road).

    Thanks and regards.

    Reply
    1. Peng Cheng Post author

      Hi Christopher,
      This should be sufficient to satisfy the substantial ties requirement, but whether this requirement is satisfied is at the discretion of the case officer.
      PC

      Reply

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