Resident return visa
(subclass 155 & 157)
The Subclass 155 (Resident Return Visa) and Subclass 157 (Resident Return Visa) is designed for individuals who are Australian permanent residents but need to leave and return to Australia. Here’s a clearer breakdown below:
Overview of Subclass 155 and 157 Visa
Subclass 155 (RRV):
- Eligibility: For current or former Australian permanent residents who need to travel outside Australia but want to return as a permanent resident.
- Travel Facility: Can be granted up to 5 years if you have met the residence requirements (i.e., have been in Australia for a total of at least 2 years in the last 5 years).
- Validity: Allows you to return to Australia as a permanent resident during the visa’s validity period.
Subclass 157 (RRV):
- Eligibility: For those who do not meet the residence requirements for the Subclass 155 but have compelling and compassionate reasons, or are outside Australia and need to return.
- Travel Facility: Up to 12 months, or 3 months if there are compelling and compassionate reasons for departure and the applicant has not been absent from Australia in the past 5 years.
- Validity: Allows you to return to Australia as a permanent resident during the visa’s validity period.
Key Points
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Travel Validity: If your permanent visa’s travel facility expires while you are outside Australia, you won’t be able to return as a permanent resident without an RRV.
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Application: You must apply for an RRV before your arrival if you wish to return as a permanent resident after the travel facility of your current visa expires.
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Family Members: You cannot include family members in your RRV application as secondary applicants. However, family members can apply separately, and their applications can be processed together if declared.
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Application Process: You can apply from either within or outside Australia, but you must not be in immigration clearance at the time of application. When applying for an RRV, applicants are assessed against the criteria for both subclass 155 and 157 visas.
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Cost: The application fee is AUD 475 if applied online and AUD 555 if applying on paper (if authorized). Also, additional costs for health checks, police certificates, and biometrics may apply.
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Processing Time: Generally, applications meeting the residence requirement are processed within 5 working days. If the requirements are not met, processing may take up to 12 weeks or more.
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Refunds: Generally, refunds are not provided if the application is refused or if you do not use the travel facility granted.
This visa ensures that you maintain your permanent residency status. It can also allow you to return to Australia even if your initial visa’s travel facility has expired.
Eligibility Criteria for Resident Return Visa Australia (RRV)
1. 5-Year Travel Facility
You must have been present in Australia for a total of at least 2 years within the last 5 years as a permanent visa holder or Australian citizen.
Travel Facility:
Up to 5 years.
2. 12-Month Travel Facility (Substantial Ties)
A. If Outside Australia:
- Absence: You must not have been absent for 5 continuous years or more before the application (unless you have compelling reasons).
- Visa Status: You must hold a permanent visa or have last left Australia as a permanent resident or citizen (but subsequently lost citizenship).
- Substantial Ties: You must demonstrate substantial ties to Australia that benefit Australia.
- Travel Facility:
- Maximum of 12 months.
B. If Former Australian Citizen or Permanent Resident:
- Citizenship Status: You must have been an Australian citizen or permanent resident within the last 10 years.
- Absence: You must not have been absent from Australia for more than 5 years in total since leaving (unless you have compelling reasons).
- Substantial Ties: You must demonstrate substantial ties to Australia that benefit Australia.
- Travel Facility:
- Maximum of 12 months.
3. 12-Month Travel Facility (In Australia)
- Ties to Australia: You must demonstrate substantial ties to Australia that benefit Australia.
- Absence: You must not have been absent for 5 continuous years since the grant of your most recent permanent visa or cessation of Australian citizenship (unless you have compelling reasons).
- Travel Facility:
- Maximum of 12 months.
4. 12-Month Travel Facility (Family Unit)
- You must be a member of the family unit of someone who already holds an RRV or has lodged a separate application for an RRV and meets the time of application criteria for grant.
- Travel Facility:
- Maximum of 12 months.
5. 3-Month Travel Facility (Compelling and Compassionate Reasons)
- You must not have met any of the above requirements but have compelling and compassionate reasons for departure.
- You must have not been absent from Australia in the 5 years prior to making the application.
- Travel Facility:
- 3 months (Subclass 157).
Calculating Residence Requirements
- 2-Year Period: Counted as 730 days.
- 5-Year Period: Calculated from the date of the RRV application lodgement, not from the RRV decision date.
- Days in Australia: Both arrival and departure days are included. Hence arriving and departing on the same day, will only be counted as one day. Likewise, if a visa expires and another is granted on the same day, then only one day is counted. Partial days spent in Australia are considered full days.
Demonstrating Substantial Ties
The travel facility granted on your Resident Return Visa (RRV) will depend on your circumstances:
Residence Requirement Met: If you have been present in Australia for a total of at least 2 years in the last 5 years as a permanent visa holder or Australian citizen. Then you will be granted a 5-year travel facility on your RRV.
Substantial Ties with Australia: If you have not met the residence requirement but can demonstrate substantial ties with Australia that benefit the country. Then you will be granted a maximum of 12 months travel facility on your RRV.
Member of Family Unit: If you are applying as a member of the family unit of a person who holds an RRV or has lodged a separate application for an RRV and meets the time of application criteria for grant, you will also be given a maximum of 12 months travel facility.
- Compelling and Compassionate reasons: If you have not met any of the above requirements but have compelling and compassionate reasons for departure, then you can only be given 3 months travel facility on your RRV (subclass 157) if you have not been absent from Australia in the 5 years prior to making an application.
- Types of Substantial Ties:
- Business Ties
- Cultural Ties
- Employment Ties
- Personal Ties (Including Family Ties)
- Benefit to Australia: Ties must be substantial and demonstrate benefit to Australia.
Apply from
You have the flexibility to apply for the visa from either within or outside Australia. However, you must not be in immigration clearance at the time of application.Â
If you are authorized to apply using a paper form, it’s crucial to follow the instructions provided to you strictly. Additionally, you cannot submit your application in person.
Children born in Australia automatically receive the same visa status as their parents at the time of birth. Additionally, if either parent is an Australian citizen or permanent resident when the child is born, the child may acquire Australian citizenship by birth.
Processing time of resident return visa Australia
For an estimate of processing time on your visa application, then refer to the visa processing time guide tool.Â
Generally, applications that meet the residence requirements are processed within 16 working days from the date of lodgement. Though, for Subclass 157 it may take longer to process, potentially up to 12 weeks or more.
Your obligations
As a visa holder in Australia, it is certainly imperative that you comply with all Australian laws. This requirement applies to both federal and state laws.
Failure to adhere to Australian laws can result in serious consequences, for example, fines, imprisonment, visa cancellation, and deportation. Therefore, familiarize yourself with the laws applicable to your circumstances and ensure full compliance during your stay in Australia.
Travel
The Resident Return Visa (RRV) will specify the period of travel once granted. However, after this period expires, another RRV is needed to re-enter Australia as a permanent resident.
Alternatively, if you meet the eligibility criteria, you may also consider applying for Australian Citizenship. Becoming an Australian citizen allows you to travel using an Australian passport, thus eliminating the need for an RRV.
To determine when your existing travel facility ends, you can check the Visa Entitlement Verification Online (VEVO) portal. It provides information about your visa status and conditions, including the expiration date of your travel facility.
Summary
Meet the residence or substantial ties requirements
This information outlines the eligibility criteria for obtaining a Resident Return Visa (RRV) in Australia. To summarize:
Residence Requirement: You must meet one of the following conditions:
- Have been present in Australia for at least 2 years in the last 5 years as a permanent visa holder or Australian citizen, which grants a 5-year travel facility.
- Be outside Australia and demonstrate substantial ties to the country that are of benefit to Australia, allowing for a maximum 12-month travel facility.
- Be an Australian citizen or permanent resident less than 10 years before applying and have not been absent from Australia for more than 5 years, demonstrating substantial ties to Australia for a maximum 12-month travel facility.
- Be in Australia and demonstrate substantial ties, with no absence for 5 continuous years, allowing for a maximum 12-month travel facility.
- Be a family member of a person holding an RRV or who has lodged an application, with a maximum 12-month travel facility.
Substantial Ties: Your ties to Australia must be substantial and beneficial, including business, cultural, employment, or personal (including family) ties.
Not hold an Authority to Return or Return Endorsement
If you hold a Transitional (permanent) visa issued as either an Authority to Return (issued between 1 March 1976 to 31 August 1979) or a Return Endorsement (issued between 1 September 1979 and 31 December 1986), you are not eligible for a Resident Return Visa (RRV). Instead, you should refer to the guidelines provided under “Overseas travel as a permanent resident.”
Meet character requirement
To meet the character requirement for a Resident Return Visa (RRV), then you must demonstrate that you are of good character. This means that you must not have a substantial criminal record or be associated with any activities that could be considered disruptive or harmful to the Australian community.
When assessing your character, the Department of Home Affairs will consider factors such as:
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Criminal Record: Any criminal convictions, including spent convictions, both in Australia and overseas.
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Immigration History: Any breaches of immigration law, including visa cancellations or refusals.
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Personal Conduct: Your behavior and conduct, including any involvement in illegal activities or associations with individuals or groups involved in criminal or harmful activities.
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Character References: Providing character references from reputable individuals who can vouch for your good character and integrity.
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Compliance with Laws: Your compliance with Australian laws and regulations, including tax and financial responsibilities.
Not have cancellation action against your business skills visa
If you have been subject to cancellation action on business grounds for certain business skills visas, then you may not be eligible for the Resident Return Visa (RRV). This restriction applies to individuals who have held or currently hold the following visa subclasses:
- Class EA subclass 132 visa
- Class BH subclass 840-846 visas (repealed)
- Class EB subclass 188 visa
- Class UR subclass 160-165 visas
- Class EC subclass 888 visas
Additionally, you may not be eligible for the RRV if you have been granted a subclass 155, 157, or 159 visa or faced cancellation action for your subclass 155, 157, or 159 visa on the same business visa grounds.
Similarly, if you are or were a family member of a person affected by the above circumstances and held or have held one of the mentioned visa subclasses as a dependant family member, you may not be eligible for the RRV.
It’s certainly essential to review your specific circumstances and visa history carefully to determine your eligibility for the Resident Return Visa. Though if you’re uncertain about your eligibility, consulting with a migration agent or legal professional would be advisable. We can provide personalized advice based on your situation.
Not have had a visa cancelled or a previous application refused
When assessing your application for the Resident Return Visa (RRV), your immigration history will be taken into account. Therefore, this means that if you have had a visa cancelled or refused in the past, you may not be eligible for this visa.
However, there are some circumstances in which you may still be able to apply for a permanent visa even if you have had a visa cancelled or an application refused.
If you require assistance with your visa application, then you can contact us to guide you through the application process.
Age requirement
There are no age requirements for applicants applying for a Resident Return Visa (RRV). Individuals of any age who meet the eligibility criteria can certainly apply for an RRV to maintain or regain their status as Australian permanent residents.