If you migrated to Australia before 1987, there may be a small but significant stamp in one of your old passports, and it could still affect your ability to travel to and from Australia today.
What are Authority To Return and Return Endorsement forms?
An Authority to Return (ATR) and a Return Endorsement (RE) are old forms of travel documentation that were issued to Australian permanent residents.
If you travelled outside Australia between 1 March 1976 and 31 December 1986, you may have received one of these wet ink stamps in your passport at the time:
- Authority to Return (ATR): issued between 1 March 1976 and 31 August 1979
- Return Endorsement (RE): issued between 1 September 1979 and 31 December 1986
Why does this still matter?
Here’s the important part: if you held one of these stamps immediately before 1 September 1994, Australian migration law treats you as having been granted a Transitional (Permanent) visa — sometimes referred to as a “TRipS” visa or BF-111 on that date, by operation of the Migration Reform (Transitional Provisions) Regulations 1994.
This TRipS visa allows you to travel to and enter Australia within 3 years of each departure, and to remain in Australia indefinitely. If you were not already aware of all this, the old stamp is probably proof of your visa.
Is my ATR or RE still valid?
Your ATR or RE (which became a Transitional Permanent visa) could still be valid if all of the following apply:
- It has not been cancelled;
- You return to Australia within 3 years of each departure;
- You have not become an Australian citizen;
- You have not been granted another substantive visa since 1 September 1994 — note: this does not include ETAs (subclass 956, 976, 977, or 601 granted on or after 1 July 2002), Border (subclass 773) visas granted on or after 1 July 2002, Visitor (subclass 600) visas under the Business Visitor stream with an APEC Business Card, or special purpose visas.
One trap to be aware of: if you were granted a Resident Return Visa (RRV) after 1 September 1994, this would have automatically ceased your Transitional Permanent visa. Many people are unaware of this and have inadvertently cancelled their own status by applying for an RRV they didn’t actually need.
Similarly, if you remained outside Australia for more than 3 years after a departure, the travel component of your visa will have ceased — meaning you cannot use it to re-enter Australia.
What if I can’t find my old passport?
The physical wet stamp is the primary evidence of your entitlement. If your old passport has been lost or damaged, you may be able to obtain records from the National Archives of Australia, which holds historical immigration records.
What if I plan to travel?
Australia has of course since been recording visas electronically. But if you migrated before 1987 and haven’t travelled overseas since, there is likely no electronic record of your permanent visa in the Department of Home Affairs systems. This can cause significant delays at the border — or worse, result in you being incorrectly treated as having no valid visa.
If your ATR or Return Endorsement is still valid, you are entitled to travel on it — but it is strongly recommended that you request an electronic record of your visa before you travel. Once recorded electronically, you can also verify your visa details and conditions through the Visa Entitlement Verification Online (VEVO) system at any time.
In the meantime, if still available you can carry your expired passport containing the wet stamp alongside your current passport as proof of your status, but the electronic record is far more practical and reliable for at the border.
How do I get an electronic record?
You cannot apply for a new ATR or Return Endorsement — these are no longer issued. What you can do is request that your existing stamp be recorded in the Department of Home Affairs system as a BF-111 visa.
To do this, complete the Request for Authority to Return or Return Endorsement (Transitional Permanent) visa to be recorded as a BF-111 visa form (available on the Department of Home Affairs website) and attach:
- A copy of the ATR or Return Endorsement wet stamp
- Evidence of any name changes
- Biodata pages of both your current and expired passports
There is no charge for this service, and it does not alter the conditions of your visa in any way.
When should I get advice?
This area of immigration law is more complex than it first appears. Your status may be uncertain if you:
- Have had multiple passports and are unsure which one holds the stamp
- Travelled overseas frequently and are unsure whether you always returned within 3 years
- Have a family member whose status as a dependent on your original ATR or RE has never been formalised
- Have been overseas for an extended period and are not sure whether you can still return
If any of these apply to you, it is worth looking into this and obtaining proper advice before attempting to travel or make any applications. The team at Hannan Tew Lawyers would be very interested in looking into this for you and offering tailored advice. Contact us at [email protected] or +61 3 9016 0484.
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