Time to come Home? The ins and out of RESIDENT RETURN VISA (RRV)
RESIDENT RETURN VISA (SUBCLASSES 155 AND 157)
In addition to the grant of a permanent visa you will receive an initial five (5) year “entry permit” with a validity period. This validity period is essentially a travel facility. Were you remain in Australia beyond the five years your permanent residence does not expire, only your ability to depart and then re-enter Australia as a permanent resident is affected.
FIVE YEAR RRV
To obtain a new five (5) year travel facility (called a resident return visa, or RRV) the basic criteria is that you have spent at least two (2) years out of the last five (5) physically present in Australia as the holder of a permanent visa.
ONE YEAR RRV
If you cannot meet the ‘2 in 5’ requirement you may be eligible for a resident return visa with one year travel validity. As noted above, if you remain in Australia beyond the one year validity period your permanent residence does not expire, only your ability to depart and then re-enter Australia as a permanent resident is affected.
To meet the requirements for the one year RRV you must demonstrate that you have substantial ties to Australia that are of benefit to Australia. Substantial ties can be under any of the following:
THREE MONTH RRV
Permanent residents who have less than 2 years’ physical presence in Australia and who have not yet established substantial ties of benefit to Australia may be eligible for a three month RRV. For example, you may have settled in Australia when nearing the end of your migrant travel facility and need to travel overseas before you have established substantial ties.
As above, if you remain in Australia beyond the 3 month validity period your permanent residence does not expire, only your ability to depart and then re-enter Australia as a permanent resident is affected.
- you are a permanent resident
- you have resided in Australia for a total of at least 2 years within the last 5 years
- your name and date of birth have not changed since grant of your last visa.
- eligibility criteria
- the visa, including what happens if you do not meet the 2 in 5 years residence requirement
- the steps to apply, including the documents you might need to provide.
Meet our residence or substantial ties requirements
You must either:
- have lived in Australia for 2 years (730 days) in the last 5 years as the holder of a permanent visa (or entry permit), or as an Australian citizen
- be able to demonstrate substantial ties to Australia that are of benefit to Australia
Have substantial ties
Your ties must be both substantial and of benefit to Australia. They include:
- business ties
- cultural ties
- employment ties
- personal ties
Substantial personal ties may be of benefit to Australia if the applicant is, or has been, a participating member of the Australian community and economy, and their ties enrich the lives of individual Australian residents and citizens.
Substantial personal ties may be that you regard Australia as home or have an intention to reside in Australia. You can see how examples of how to demonstrate these ties in Step by step under Gather documents.
Meet character requirement
Not have cancellation action against your business skills visa
You might not be eligible for this visa if you have cancellation action on business grounds for your business skills visa – as listed below:
- 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
You might not be eligible for this visa if you are, or were the holder of one of the above visas and have:
- been granted a subclass 155, 157 or 159 visa
- cancellation action for your subclass 155, 157 or 159 visa on the same business visa grounds.
If you are or were a family member of a person affected by the above, and either hold or have held one of the above visa subclasses as a dependant family member, you might not be eligible for this visa.
Not have had a visa cancelled or a previous application refused
You might not be granted this visa if you previously had a visa cancelled or refused while you were in Australia
So if you or anyone you know is thinking of applying for a RRV or has had app wishes to travel to Australia talk to us. Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer and to see if you qualify for a “ABG Coronavirus Grant” and thereby be eligible for significant savings.
Call 03 9614 0218 or email firstname.lastname@example.org to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page