I am an Australian Permanent Resident – do I need a Resident Return Visa?
Even if you have Permanent Residence (PR) for Australia, which allows you to remain in Australia for the rest of your life, you will still need to obtain a Resident Return visa if you leave Australia and want to re-enter after your travel facility on your Permanent Residence visa ends.
If for example, you were granted Permanent Residence through a Partner visa (Subclass 100 or 801), your visa allows you to depart from and return to Australia for 5 years from the date of the grant of the PR. This travel period is referred to as the travel facility. You can find all of the information about your visa on your Visa Grant Notice, or online through the Department’s Visa Entitlement Verification Online (VEVO) service. VEVO can help you to find out the following details of your current visa:
- If you have a current visa and which visa is current (the subclass)
- The expiry date of the visa
- The date at which you cannot arrive after
- The period of stay
- Any conditions attached to the visa
For any travel where you plan to arrive back to Australia after the date that your travel period has ended, you will need to apply for a Resident Return visa (RRV). If you are outside of Australia and do not have a RRV then you will not be allowed to enter Australia until you are granted the visa.
When should I apply for a Resident Return visa?
Your Permanent Residence Visa Grant Notice will give you the last date that you can re-enter Australia by. While you do not need a Resident Return visa to depart Australia, you will need it to re-enter Australia as of after that final date of re-entry. So, if you are planning to depart from Australia towards the end of your 5 year travel facility we strongly recommend that you apply at least 3 months prior to your intended departure date – because the current processing time for a Resident Return visa can be anything form a few days to 3 months or so.
Do I qualify for a Resident Return visa?
In order to qualify for a Resident Return visa you need to either meet the residence requirement or the substantial ties requirement. If you meet the residency requirement you will be granted a 5 year Resident Return visa. If you meet the substantial ties requirement you will be granted a 1 year Resident Return visa.
What is the Residence Requirement for a Resident Return visa?
To qualify for a 5 year Resident Return visa on the basis of residence you will have needed to have been in Australia for 2 years (730 days) over the last 5 years. If you do not meet this requirement (and have been outside of Australia for more than 3 of the last 5 years) then you will need to meet the substantial ties requirement in order to be granted a Resident Return visa.
What is the Substantial Ties Requirement for a Resident Return visa?
To meet the substantial ties requirement you need to show both that you have substantial ties to Australia, and also that those substantial ties are of benefit to Australia. Examples of substantial ties to Australia include:
- Business ties
- Cultural ties
- Employment ties
- Personal ties
Do I really need to have a Resident Return visa?
Even if you have a Permanent visa, your ability to return to Australia if you go overseas is not permanent. If you have a permanent visa and ever need to travel outside of Australia for whatever reason, it is very important to be aware that you may need a Resident Return visa, and subsequent to obtaining your first one, you will also need to maintain a current Resident Return visa, meaning that in the future if you travel overseas you will need to get a new one every 1 to 5 years depending on your eligibility.
So if you feel that you may need expert help to prepare a Resident Return visa then contact us for more information at: info@aussievisas.net / australianvisaadvice.com
Written by Luke Gorham ©2020
Registered Migration Agent
Solicitor
Owner
Australian Visa Advice
www.australianvisaadvice.com
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