As is well known that only Australian citizens (who hold Australian passport) have an automatic right to enter Australia freely. An Australian permanent resident can only have the right to live in Australia indefinitely. However if they depart Australia and their current PR visa expires, they must have a valid visa to return or re-enter Australia.
What if the 5-year permanent visa expires?
After five years, visa holders have to apply for a resident return visa (RRV) subclass 155 or subclass 157 to enable them to return to Australia.
Resident return visa, as it is called, is intended for visa holders to be able to return Australia from overseas as a permanent resident. If you leave Australia after your previous PR visa has expired, you may not be able to return to Australia as a permanent resident. If you wish to return to Australia as a permanent resident, you need to apply for and be granted this visa before you can come back to Australia.
However if you are staying all the time in Australia as a permanent resident and won’t travel overseas, you do not have to apply for this visa. Please refer to Resident Return Visa Subclass 155 and 157 for details.
Resident Return visa subclass 155 and 157
A resident return visa (RRV) is normally granted with five years validity. You may apply for this visa as many times as possible when the current visa expires, regardless of your age and occupation.
Who can apply for RRV ?
Any Australian permanent resident or former permanent resident whose last permanent visa had not been cancelled or a former Australian citizen who lost or renounced citizenship, are all eligible to apply for an RRV.
What are the substantial ties for an RRV ?
In order to be eligible for a resident return visa subclass 155, applicants must demonstrate that they have substantial ties with Australia. Substantial ties can include the following:
Business ties – You are doing business in Australia or with Australian businesses.
Cultural ties – You have cultural connections with Australia.
Employment ties – You have employment or a job in Australia.
Family ties – Your other family members who are PR or citizen and live in Australia.
How many years of visa I can get ?
Depending on your circumstances, a RRV visa may vary in the duration.
If you have lived in Australia cumulatively for 2 years in the past 5 years as a permanent resident or Australian citizen, you meet the “resident requirement” and will be granted a 5 year visa.
If you have not lived in Australia cumulatively for 2 years in the past 5 years as a permanent resident or Australian citizen, but have demonstrated you have substantial times with Australia that are of interest to Australia, then you may be granted a maximum 12 months visa.
If you have applied as a member of a family unit of a person who already holds a RRV, or who have lodged a separate application of an RRV, and meets the time of application criteria for grant, you can be granted a maximum of 12 months visa.
If you do not meet any of the above requirements, but have compelling and compassionate reasons for departure, then you can be given 3 months travel facility on your RRV subclass 157.
What is the processing time for RRV ?
Generally an application that meets the residence requirements (2 years out of 5 years) can be processed and finalized within a few days after lodgement.
However, if you do not meet the residence requirements may take up to 12 weeks before it can be processed and finalized.
What if my PR visa expired for a long time and I wish to regain or recover my PR Visa ?
When your PR visa elapsed or not renewed before, you may wish to regain or recover your PR visa now. Click here to find out more about how to recover your PR visa.
If you have any queries with regard to this visa, contact Korrylink for help.
Are you a business owner and sponsor, and looking for skilled workers overseas? Korrylink may help you recruit staff you need to fill the vacancies and help them with their visa process. Click here to find out more.
Korrylink also offers labour hire and staff recruitment services. Overseas labour hire agencies or recruiters are most welcome to contact us for collaboration. Click here to find out how we can do business together.