Renewing Permanent Residency – 155 & 157 Resident Return Visas

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

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International travel with permanent residency visas

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

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

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

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Main eligibility requirements for 155 visa

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

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

 

Mandatory requirement for all Resident Return visa applicants

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

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

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Resident Return visa – valid for 5 years

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

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

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

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

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

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

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Resident Return visa – valid for 1 year

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

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

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

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

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Substantial ties requirement

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

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

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

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Employment ties

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

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

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

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

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Personal ties

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

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

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

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

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

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

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Business ties

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

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

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

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

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Cultural ties

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

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

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

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

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

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

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

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Compelling reasons for absence from Australia

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

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

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

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Subclass 157 – 3 month Resident Return visa

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

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

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

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

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How we can help

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Please Contact Us if you require our assistance.

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.

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

  1. Nalin

    Hi Peng,
    My Wife has applied for a RRV subclass 155 on 23rd Oct and still waiting to get approval. Last year it came in 4 days.
    Does she need to be in the country until the approval is received? Called up the support line few times, wait time was 2 hours. The agent advised that he could not do anything for 18 days.
    Her travel already confirmed for 21 st Nov, should that be deferred?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Nalin,
      Your partner can be outside of Australia at the time of decision, although you might want to speak with your agent.
      PC

      Reply
  2. Andrew

    Hi,

    Above you mentioned that “155 visas is very slow at the moment – around 4-8 weeks or longer” – The departments’ advertised processing time is between 7 and 30 days. Is the advertised time not correct?

    Reply
    1. Peng Cheng Post author

      Hi Andrew,
      Processing time varies a lot – should only take a few business days if you are applying for the 5 year visa.
      PC

      Reply
  3. Sridhara Sampath

    Hi Peng,

    I got my PR on the Feb 2003 and it got expired on Feb 2008. i stayed in Australi for 1 year and left in Feb 2004. i couldnt return back to australia due to family issues. i have not applied for a RRV after that. Now can i apply for a RRV now.

    Thanks and Regards,

    S.Mohanakirshna

    Reply
    1. Peng Cheng Post author

      Hi S.Mohanakirshna,
      Please see above post which outlines the relevant visa requirements.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  4. Jack Hon

    Hi Peng,

    My PR was granted back in 2012. I have lived only 1 year for the past 5 years which means that I will not be entitled to apply for a RRV 155 for another 5 year but may be possible for a 1 year extension (of course I will need to show ties to Australia).

    My question is that if I were overseas and had not successfully obtained for a RRV, my child was at the same time born in Australia, would he/she be entitled to apply for grant of Australian citizenship?

    The confusion I have is that some say permanent residence status will not expire, only the travel facility will, thus your children will still be entitled to apply for grant of Australian citizenship if they were born in Australia, is that true?

    Thank you very much.

    Reply
    1. Peng Cheng Post author

      Hi Jack,
      You need to be in Australia as a permanent residency visa holder at the time that your child is born is order for your child to be eligible for Australia citizenship – this won’t happen if your child is born outside of Australia.
      PC

      Reply
  5. Chez. S

    Hi Peng,

    I am also facing the issue of slow processing of my RRV renewal which was lodged along with all substantial ties evidence on 20th Oct, till today I did not hear anything at all from immigration. Not sure who is my case officer either. I wrote to the residents return email address and just received a standard computer generated reply. Are there still heavy delays in the processing of RRVs and what sort timing should i be expecting a reply from them. My status at this stage is still “Application received and will be assessed” dated 20th Oct.

    Reply
    1. Peng Cheng Post author

      Hi Chez,
      Sorry but the Department’s processing time for 155 visas is very slow at the moment – around 4-8 weeks or longer.
      PC

      Reply
  6. Irene

    Hi Peng,
    I got my PR granted in 2006, stayed in AU for 5 years, got my 5 years RRV for 2011- 2016 then moved to UK in 2012. I got another 1 year RRV for 2016- 2017.
    My question is , I have been absent from Australia for periods that total, more than 5 years i.e 2012 to 2017, I went back Australia for a week in 2016. Do I have to give compelling reasons for the absence if I want to apply RRV again ?

    Reply
    1. Peng Cheng Post author

      Hi Irene,
      You may need to satisfy this requirement if you have been away for a continuous period of 5 years or more.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  7. Vongai Zindove

    Hi Peng

    I would like to find out if a cousin falls under the definition of close family member under the rrv personal requirements definition? The relationship is that our mothers are blood sisters and the cousin is an Australian citizen?

    Reply
    1. Peng Cheng Post author

      Hi Vongai,
      Sorry but I don’t think that a cousin living in Australia is a strong tie.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  8. Yuchun

    Hi Peng

    To clarify a section of your posting, if I own a residential property in Australia, what would be considered a personal tie? Any difference if it’s not occupied, or rented out?

    Also, if it’s purchased but hasn’t been built/ completed, would this still count?

    thanks,
    yuchun

    Reply
    1. Peng Cheng Post author

      Hi Yuchun,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  9. Mridula Rayaroth

    Hi Peng,

    I had Applied for the RRV with substantial ties as I couldn’t meet the 2yrs stay criteria and waiting for the RRV to get approved. I am staying in Australia since last one year and wish to continue here except some holiday trips to overseas. I have a few doubts.

    If I get the RRV for one year now and when next time I want to renew it, do I get it for 5 years, If I meet 2 years stay criteria by that time?

    Do the RRV replace my PR visa? What I mean is that.. Can I still say that I hold PR and I can apply for the jobs opened only for Australian PR and citizens?

    Expecting your kind reply soon.

    Thanks
    Mridula

    Reply
    1. Peng Cheng Post author

      Hi Mridula,
      If I get the RRV for one year now and when next time I want to renew it, do I get it for 5 years, If I meet 2 years stay criteria by that time? Yes if you satisfy the requirement for the 5 year visa.
      Do the RRV replace my PR visa? What I mean is that.. Can I still say that I hold PR and I can apply for the jobs opened only for Australian PR and citizens? 155 visa is a permanent residency visa.
      PC

      Reply
  10. Amanjit Singh

    Hello
    i just want to know about my RRV i have taken my PR in 30 March 2012 and my visa is valid till 30 march 2018 during this time period i have spent my time almost 1 month in Australia so now what should i do please tell me i am waiting for reply. How can i apply for RRV

    Reply
    1. Peng Cheng Post author

      Hi Amanjit,
      Please see above post for visa requirements.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  11. Vern

    Hi Peng,

    I have applied my rrv offshore on 14 OCT , but there is no updates till today.

    May I know whats the estimate processing time for rrv renewal?

    Any contact or e-mail I can send to follow up on the the status?

    Thanks
    vern

    Reply
    1. Peng Cheng Post author

      Hi Vern,
      Unfortunately the Department’s processing time is very slow at the moment.
      Generally speaking processing time is around 3-6 weeks.
      You can follow-up if you wish.
      PC

      Reply
      1. Vern

        Hi Peng, thanks for the response, got an e-mail from the immi on Monday to request for additional supporting documention. All documents submitted today, just wondering does it take another 3-6weeks for them to come back to me? or how long will takes to know the result? I do not full fill the 2/5 requirement.

        Reply
        1. Peng Cheng Post author

          Department can take anywhere between 3-6 weeks or longer to finalise an application once they have all required information and documents, although there is no set processing time for a final decision.
          PC

          Reply
  12. ben

    Hi Peng,

    i got my 886 PR back in 2009 and it expired in 2014..I left australia in 2010 for further tertiary studies, did come back every year for 1-2 months but did not fulfil the 2/5 requirement so decided to let the PR just run out. I came back to Australia subsequently on ETAs only. Now however, my aussie wife and I are planning to move back permanently next June 2018. If i understand correctly i can only apply for one with a 1-year travel permit, and just keep on applying for another RRV when that one expires. When would be the best time to apply for a RRV though? Not sure what average processing times are now, but should 2-3 months before planned departure be enough or should i start lodging an application now?

    Thanks for your help,

    Ben

    Reply
  13. Raj

    Hi Peng,

    Thanks for your wonderful service and advice to the people.

    I am Australian Citizen and working in Australia and my daughter is also Australian citizen.
    My wife is holding the PR and got expired in May 2017 and left Australia in 2013.

    Presently, my wife and daughter are living in India and intend to come Australia in the month of December, I applied for the online application, is the Police clearance required to present with the application or should I wait until the case officer views?

    I have attached my wife passport, confirmed itinerary and my passport (personal ties), is should be good enough?

    Thanks for your kind guidance.

    Regards

    Raj

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      Generally speaking you don’t need police clearances for a 155 visa application.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  14. Stephanie

    Hi Peng,

    My subclass 175 PR visa is due for expiry this Jan 2018 and I have not satified any of the RVV renewal criterias. This is simply because I have not stayed in Aus for 2yrs or more, I have no families or any ties and my absence is largely due to the fact that I find it difficult to land a job in Australia. I travelled to Aus at every opportunity I get for interviews but none are fruitful so far.

    My question is – my visa grant notice says that I am allowed to remain in Australia indefinitely and to leave and re-enter Australia 5yrs from date of grant. Does this means that I can enter Australia prior to my visa expiry and just stay there indefinitely without renewing my PR (assuming a renewal is only needed if I wish to travel out of Aus)?

    Assuming if I need to seek a RVV, will it be hard to obtain this given the change of rules and regulations?

    Reply
    1. Peng Cheng Post author

      Hi Stephanie,
      Does this means that I can enter Australia prior to my visa expiry and just stay there indefinitely without renewing my PR (assuming a renewal is only needed if I wish to travel out of Aus)?
      Yes
      Assuming if I need to seek a RVV, will it be hard to obtain this given the change of rules and regulations?
      You should be able to get a 1 year visa if you are settled and living in Australia.
      PC

      Reply
  15. Pratap

    Hi Peng,

    I have applied for my RRV on 8th Oct’17 and we have to go overseas for 3 weeks on 03rd Nov’17. I am aware that the decision can be made while I am outside of Australia. I have qualified for the requirements of 155 in relation to the period of stay.
    My question is would I be able to apply another RRV while offshore in case if my current RRV application gets rejected for some reason?
    Just FYI, I have a permanent full time job in Australia and my wife and my 2 kids are PR holders and they have visa until the end of 2020.
    Will any of this be used to support or challenge the dept’s decision in case of a rejection.

    Kind Regards,
    Pratap.

    Reply
    1. Peng Cheng Post author

      Hi Pratap,
      You can lodge a new application when you are outside of Australia.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  16. karthikeyan

    Hi Peng
    I enter in to Australia as a permanent resident (skilled migration) on 2006,due to some family reasons i left Australia sep2015.Still i stay outside Australia 2016 March i got RRV visa valid for 1 year (because in the second 5 years time i lived in Australia less than 2 years) RRV expired on 2017 April. Now i want to apply for RRV visa again (offshore) is it Possible to get RRV visa this time and immigration Australia will allow me to enter in to the country
    (since 2006 until 2015 i only employed,i don”t have any business activity,property in Australia)

    Regards
    Keyan

    Reply
    1. Peng Cheng Post author

      Hi Keyan,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  17. Monica

    Hello Peng,
    Hope you are doing well. I have a query regarding Australian PR application.
    I had Australian PR couple of years back but due to personal reasons I had to leave Australia and my PR expired. Later I was able to get RRV for one year, but I still could not move back. Second time my RRV was refused. I now want to apply for a fresh PR application but have concerns regarding approval as my RRV was refused earlier. Will refusal of RRV and expiry of earlier PR impact my new application? Is it advisable to go ahead with new application?
    Many Thanks.
    Regards,
    Monica

    Reply
    1. Peng Cheng Post author

      Hi Monica,
      I don’t think that your prior refusal will affect your current application, although I won’t lodge the same application again without changes.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  18. Sher

    Hi Peng,

    The applicant was granted PR in 2005. If the applicant applies for renewal of RRV (current RRV expired) online from outside Australia, but the decision is negative i.e. RRV renewal is refused, does it mean that the PR granted in 2005 no longer exist?

    Reply
    1. Peng Cheng Post author

      Hi Sher,
      Yes think that you would be a former permanent resident now.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  19. Zahir

    Dear Peng

    Hope you are well.

    You are doing a great job.

    I got my PR in January 2014 and it will expire in January 2019. Although I made some visits to Australia but have not permanently moved to Australia. I am quite happy with my current job in Oman and do not intended to migrate to Australia as of now. Although I still have a year to decide but it seems like I will lapse my PR.

    If I lapse my PR this time, would I be eligible to apply for PR next time? What are the chances for me to get the PR in future considering that I fulfill all the PR requirements?
    In your experience ,is every PR application considered as a fresh case or they can ask reasons for losing the PR earlier?

    Thanks for your help

    Kind Regards
    Zahir

    Reply
    1. Peng Cheng Post author

      Hi Zahir,
      Letting your visa expire doesn’t negatively affect your application if you apply for a PR visa again in the future, although you would need to satisfy the requirements of the visa that you are applying for.
      PC

      Reply
  20. Patience

    Hi Peng
    I have PR that has expired and my previous RRV has expired. I applied for a new RRV on the 16th October online onshore but haven’t reviewed any reply. I have to travel for work this week so I can I be offshore while my RRV is being processed? I have employment, personal and cultural ties. Last time when I applied I got the RRV in less than 24hours. Why is it taking long this time? Thank you

    Reply
    1. Peng Cheng Post author

      Hi Patience,
      Sorry unfortunately the Department’s processing time is very slow at the moment.
      Department can decide your application when you are outside of Australia.
      PC

      Reply
  21. Kamal Radzi

    Hi Peng,

    I have a 5 year RRV granted recently & have just returned to Australia to start on a new job. My wife & son remains overseas & their original 176 skilled migrant visa has expired. Unlike me they do not fulfill the 2 years residency requirement to qualify for a 5 year RRV.

    My wife & son intend to visit me in Australia from time to time over the next few years but have no plans to make a permanent move to Australia during this period. I understand they qualify for a 1 year RRV since I have 5 year RRV but as you know the fee for the RRV is quite high & has to be renewed every year. Is it acceptable for them to visit me as a visitor on an ETA? My worry is would getting an ETA effect their future application for a 1 year RRV when they do intend to make a permemant move to Australia.

    Reply
    1. Peng Cheng Post author

      Hi Kamal,
      This can cause issues if they intend to apply for their RRV when they are outside of Australia:
      3) The applicant meets the requirements of this subclause if the applicant is outside Australia, and the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant: (a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant: (i) holds a permanent visa; or (ii) last departed Australia as an Australian permanent resident; or (iii) last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship

      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
      1. Heng

        Hi Peng

        I am in a similar situation. Based on the condition (3) that the last depature from Australia as PR, it looks like the tourist visa should only be used to enter Australia, while i am waiting for RRV approval. I shouldn’t leave Australia before my RRV is granted, otherwise, i may have issues to reapply for my RRV in future even though I have close family living in Australia. Am I right?

        Thank you so much

        Reply
        1. Peng Cheng Post author

          Sorry I don’t really understand your question.
          Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
          PC

          Reply
  22. Raphael

    Hi Peng,

    I have a permanent residency visa which will expire on the 6th of February 2018 and I have lodge an application for my Australian citizenship and the status is currently pending. I am planning to go for holidays overseas on the 28th January to 27th February. I understand that I have to get an RRV. My question is, will it affect my application for citizenship or will it not? Thank you

    Reply
  23. Neil

    HI Peng,

    I am an Australian PR under skilled migrant class VE subclass 175 which was granted on 27 Sep 2012. As the travel expiry date was 27 Sep 2017, I came into Australian on 23 Sep 2017. One point to note is that I was unable to meet the 2-year stay requirement in Australia.

    I then uploaded my onshore RRV application on 26 Sep 2017 with supporting docs uploaded on 17 Oct 2017.

    I am currently awaiting the outcome of my RRV application but I have an urgent need to leave Australia to attend to urgent familial matters in my native country.

    Can I leave Australia pending the decision on my RRV application without worrying about losing my PR status?

    Thank you.

    Neil

    Reply
    1. Peng Cheng Post author

      Hi Neil,
      You can be outside of Australia at the time of decision.
      The case officer would need to assess your application and decide if you satisfy the relevant requirements – please see above post.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  24. Daniel

    Hey Peng,

    my current RRV 155 expires on the 01.11.17 and I have applied for a new one on the 28.09.17. Still no answer from the department. My problem is that I have to go overseas from today till the 15.01.17. I know that if i dont get my new visa granted in time I cant come back to Australia. My question is now: If I’m overseas and wait for the visa to be processes will it affect my application or permanent residence status? Or do i have to be back before my current RRV expires?

    Would be great if you could help me.

    Kind regards

    Daniel

    Reply
    1. Pratap

      Hi Daniel,

      I am also in similar situation but I have applied for my first RRV on 08/10/2017. May I ask if you have already received the status, how long did it take to get response?

      Your reply will be much appreciated.
      Thank you in advance,
      Pratap.

      Reply
  25. Sara

    Hi,
    We have applied for a RRV for weeks now for ny husband and when we intially applied they told us it will take 6-11 days. We are travelling in a week if we do not recieve the results or if they reject are we still able to travel internationally?
    Thankyou

    Reply
  26. Ming

    Hi Peng,

    Thanks for the great article. I have a sponsored PR visa which will expire May 2018. I am residing overseas and have been back to Australia only for holidays and will not satisfy the 2 /5 requirement.

    If I apply for RRV in March next year (while overseas) and it gets rejected, will I still be able to enter Australia as a PR in Apr (since my PR visa is still valid)? Or will the RRV application void my PR visa?

    If I lodge my RRV application IN Australia and leave the country during the time of decision, will I be able to return as a PR if the application is rejected or in process ( given that my PR visa is still valid)?

    Thanks,
    Ming

    Reply
    1. Peng Cheng Post author

      Hi Ming,
      You can enter Australia as a permanent resident as long as your PR visa is valid.
      Rejection of your application shouldn’t affect the validity period for your current visa.
      PC

      Reply
  27. Robert Higham

    HI Peng,
    I have a different problem. I have no PR visa. I have been here since I was 6 years old and I have never traveled out of Australia. It is 50 years tomorrow that I have been here. I always thought I was an Aussie citizen but I was told I am not. I did apply for and did receive a British passport 8 years ago and time has just slipped by. I do not have any visas and I am not an Australian Citizen. I can not get past the first page of the Immi form as I have no numbers to give them to obtain a PRR visa. I am in the process of becoming an Australian citizen but I would like to have my first holiday ever next month. I want 2 week in Thailand but I can not seem to get the right paperwork or even apply with the visas on offer. Any ideas?

    Cheers
    Rob

    Reply
  28. Harry

    Hi Peng
    Just a quick question regarding Citizenship
    I will be due for citizenship next year in 15 May 2018. But i am going overseas for 93 days Nov 17-Feb 18.
    Will i be eligible to apply after 15th May. As my stay is more than 90 days. Do i need to make up Only for extra 3 days i have spent overseas ? That is i can apply citizenship after 18th May( 3 days later of due date)? Or i have to start my 1 year again after i Return back in Feb 2018?
    Thanks

    Reply
    1. Peng Cheng Post author

      Yes you need to satisfy the following – you need to work out your time in Australia based on your history: https://www.border.gov.au/Trav/Citi/Lear/Law-and-policy/res-req-changes
      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.
      PC

      Reply
  29. Shamju Edavan

    Hi Peng,

    I had applied my RRV recently and it is under processing. I need to apply the same for my wife and kid(5years old) also. Can I apply RRV for them from the same immiaccount through which I applied? Or they need to creat separate accounts?

    Expecting your kind reply soon.

    Thanks
    Shamju

    Reply
  30. Bel

    Hi Peng,
    I posted earlier regarding the unexpected long processing time of RRV, while i need to travel abroad soon. Any kind of bridging visa i can apply to allow re-entering Australia legally and resume work while waiting for the RRV to be granted?

    I read somewhere in your comments you mentioned about possibility to use ETA, but correct me if im wrong, ETA is only a tourist visa hence not allow to work, am i right? Also in my case, i cant apply ETA online due to my country passport restriction. Desperately need advice, pls shed some light.

    Thank you

    Reply
    1. Bel

      Hi Keith,
      May i know when your daugther’s visa was granted? How long you have to wait since you lodge the application?

      Thanks

      Reply
  31. macmohn

    Hi Peng .. my case is slightly different and old. I had PR till Oct 2007, and MY wife and son had the PR visa till 2011.
    we could not stay in australia for more than 200 days because of fathers illness and later death and also father in laws sickness till now. My RRV for 557 online was rejected for my family in 2015 when I applied myself , telling me to prove substantial ties, as I have not spent even 1 day in last 5 years, as the reason by the Officer.
    Q1 > For substantial ties, if I by one store / milk bar / bakery and operate it through my family / employees. Will I be eligible to get the RRV reinstated. I can also buy a property there and admit my son in a school. he is 11 now.
    Q2 > will this solution of buying a business and running it work OR you think its futile now. should not go in this direction?
    Q3 > if you say yes, I would need your help urgently and would like to discuss with you please ..Thanks

    Reply
    1. Peng Cheng Post author

      Hi Macmohn,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  32. Mridula

    Hi Peng,

    If we withdraw the RRV application, do we get the application fees back?

    Kindly give me a reply.

    Thanks
    Mridula

    Reply
  33. Keseven

    Hi! Im on a 3rd RRV since my 5 yrs PR has expired in 2015. The present one is going to expire by the end of March 2018, i will have to leave Australia next month for some heritage and dissolution of a family buisiness, what if i can come back to Australia before the expiry of my present RRV? Im presently in Australia. Thank you for your reply.

    Reply
  34. Lily N

    Dear Peng, my 5 yr PR is expiring on 31st Nov, I am expected to travel abroad due to family matters at any time in the next few weeks/months. If I apply for my RRV now in Oct and it doesn’t get approved by the time I need to leave Australia, will my current Visa still remain valid while the renewal application is pending and will I still be able to reenter Aus under this Visa if I leave the country while the renewal application is pending?

    Reply
    1. Peng Cheng Post author

      Hi Lily,
      No sorry lodging a 155 visa doesn’t result in the extension of your current visa and travel rights – this only happens if the application is approved.
      PC

      Reply
  35. Jase

    Hi Peng,

    I have lodged my RRV application on 8 Oct. I flied out on the 12 Oct and suppose to be back today 14 Oct but my RRV still pending. Someone has mentioned that we can use an ETA to go back. However, I read somewhere that using an ETA may cancel off you PR status in Australia. Can you shed some light on this?

    I have been living in Australia in the pass two years so definitely eligible for the 2/5 years critical. In the last two years, my RRV approval was on the second day of submission and don’t realise the processing time has been dragged out so much. Now I am in urgent need to go back to Australia as I have full time job and wife and kids (new migrant under my sponsorship) are still in Australia.

    I would be grateful if anyone here has cane across a same dilemma can share their experience. If processing time 3-6weeks i would probably lost my job.

    Regards,
    Jase

    Reply
    1. Peng Cheng Post author

      Hi Jase,
      If you return on a temporary visa, then you would be a temporary resident until you are granted another permanent residency visa.
      Yes unfortunately the Department’s processing time is very slow at the moment.
      PC

      Reply
  36. Goz

    Hello Peng. I am Australian citizen and my wife has a PR which has expired yesterday 12 oct17. Though have applied for RRV 155 onshore online on 6 oct. My wife is to leave Australia for compelling family reasons as we await decision on her RRv application. My qjestion is that will her leaving Australia before the decision affect the prodpects of her Visa in any way. can the deptt grant RRv to applicant who has applied onshore but at the time of decision is off shore. Thanks for your help. Goz

    Reply
      1. Heng

        Hi Peng

        If the applicant applies for renewal of RRV online from outside Australia, but the decision is negative i.e. RRV renewal is not granted, can the applicant returns back to Australia under the old RRV? The old RRV is not yet expired at the time of decision. Thanks

        Reply
          1. Heng

            Hi Peng,

            Thank you so much for your advice.

            Could I please confirm my understanding that the disapproval of the applicatjon for RRV renewal does not cancel the existing RRV that is still not yet expired. Am I right? Thanks

            Heng

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