This question has been asked a lot: My current Australian permanent visa is valid for 5 years. Does it mean I lose my permanent residency after 5 years? Let us explore this question further with the Resident Return visa (subclasses 155 and 157).
Understanding the Resident Return Visa
Under Section 30(1) of the Migration Act 1958, holding a permanent visa allows you to stay in Australia indefinitely. However, the travel facility that comes with your permanent residency is valid for 5 years from the date of grant. After this, if you wish to travel outside Australia and return, you will need to apply for a Resident Return Visa (RRV).
The resident return visa subclasses 155 and 157 are designed to renew your ability to leave and re-enter Australia as a permanent resident. They ensure that you maintain your status while travelling internationally.
Eligibility for a 5-Year Resident Return Visa (Subclass 155)
To qualify for a 5-year Resident Return Visa subclass 155, you must have:
- Spent at least 2 years (730 days) in Australia within the last 5 years as a permanent resident or former citizen.
Meeting this requirement shows a commitment to Australia and allows you to renew your travel facility for another 5 years.
Eligibility for a 1-Year Resident Return Visa (Subclass 155)
If you haven’t met the 2-year residence requirement, you may still be eligible for a 1-year Resident Return Visa subclass 155. The conditions include:
- Not being absent from Australia for 5 continuous years or more.
- Being a permanent resident or citizen when you last left Australia.
- Demonstrating substantial ties to Australia that benefit the country.
Types of Substantial Ties
Substantial ties can be:
- Business ties: Owning or managing a business in Australia.
- Employment ties: Working for an Australian company.
- Personal ties: Having close family members who are Australian citizens or permanent residents.
- Cultural ties: Involvement in cultural activities benefiting Australia.
If you’ve been absent for more than 5 years but less than 10 years, you must also provide compelling reasons for your absence, such as caring for a sick family member overseas.
Eligibility for a 3-Month Resident Return Visa (Subclass 157)
If you do not meet the requirements for the Subclass 155 visa, you might be eligible for a 3-month Subclass 157 visa. To qualify, you must:
- Have been lawfully present in Australia for at least one day in the last 5 years as a permanent resident or citizen.
- Have not been absent from Australia for more than 3 continuous months immediately before applying, unless there are compelling and compassionate reasons.
Compelling reasons might include unforeseen events like natural disasters or medical emergencies that prevented your return.
Family Members and the Resident Return Visa
Family members can also be considered when applying for a Resident Return Visa. If you are part of the family unit of someone who holds or is eligible for a Resident Return Visa, you may qualify for a 12-month RRV. This includes spouses, de facto partners, and dependent children.
How to Apply for Resident Return Visa RRV Subclass 155 and 157
To apply for Resident Return Visa RRV Subclass 155 and 157, submit an application to the Department of Home Affairs, usually through the ImmiAccount portal. You’ll need to provide:
- Evidence of your residency periods in Australia.
- Proof of substantial ties or compelling reasons if required.
- Valid travel documents.
Ensure all information is accurate to avoid delays.
Resident Return Visa Subclass 155 and 157 Cost
The resident return visa subclass 155 and 157 cost varies depending on your circumstances. As of now, the standard fee is AUD $425 for online applications. Additional charges may apply for paper applications or if biometrics are required. Always check the latest fees on the Department of Home Affairs website or consult a migration agent.
Important Considerations
- Processing Times: These can vary, so apply well before your current travel facility expires.
- Travel Plans: Without a valid travel facility, you may not be able to return to Australia as a permanent resident if you leave.
- Citizenship: If eligible, consider applying for Australian citizenship to eliminate the need for Resident Return Visas.
Conclusion
Understanding the Resident Return Visa (subclasses 155 and 157) is essential for Australian permanent residents who wish to travel abroad. Whether you need a 5-year, 1-year, or 3-month visa depends on your time spent in Australia and your ties to the country. By meeting the eligibility criteria and applying in time, you can maintain your permanent residency status and enjoy the freedom to travel.
Need assistance with your Resident Return Visa (subclasses 155 and 157) application? Contact Longton Migration today for expert advice and personalised support.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
