Obtaining Australian permanent residence is an important decision and can grant you access to certain privileges (e.g. medicare) and also obligations (e.g. tax). For those who do not seek Australian citizenship, permanent residence must be maintained through Resident Return visas.
Are you a former Australian permanent resident or citizen? Is the travel facility on your current permanent residence about to expire? There are steps you can take to maintain your permanent residence.
Read our general information and document checklists in relation to these visa categories below. Contact us directly for specific advice.
What can we do for you?
With extensive experience leading the Australian Private Client Practice of the world’s largest immigration law firm, our staff have assisted with significant numbers of return resident visa applications including: standard applications, passing ministerial discretion, demonstrating significant ties of benefit to Australia / compelling or compassionate reason for absence, and matters before the Administrative Appeals Tribunal.
Generally speaking, you may obtain a 155 visa if you meet one of the following criteria:
- you have been lawfully present in Australia as a permanent resident or citizen for at least 2 years in the last 5 years immediately before making the application;
- you have not been lawfully present in Australia for more than 2 years in the last 5 years, but have substantial business, cultural, employment or personal ties of benefit to Australia and
- if lodging whilst in Australia, you can show compelling reasons for any continuous absence from Australia of more than five years; or
- if lodging from outside of Australia, you were a permanent resident or citizen when you last departed Australia, and can show compelling reasons for any continuous absence from Australia for more than 5 years; or
- if lodging from outside of Australia, you departed Australia as a permanent resident or citizen in less than 10 years before making the application, and can show compelling reason for absences over five years.
- have not been lawfully present in Australia as a permanent resident or citizen in 2 of the last 5 years, but are members of the family unit of a person who holds a subclass 155 visa, or who has also applied for a resident return visa and satisfied criteria for grant.
If you can meet option 1, then you will be granted a 155 visa with a 5 year travel facility.
If you can meet option 2, then you will be granted a 155 visa with a 1 year travel facility.
If you can meet option 3, then you will be granted a 155 visa dependent on the period of your dependents visa.
The complete document checklist varies from application to application but a standard resident return visa application will generally require the following documents:
- Certified copies of the biographical pages of your current passports or travel documents;
- if your name has changed since you were last a permanent resident: a certified copy of evidence of the name change;
- evidence of current or former permanent visa;
- if you have not spent a total of two years in the last five years in Australia as an Australian permanent resident, you must provide documents to show that you have substantial ties to Australia. These could be business, cultural, employment or personal ties.
Speak to us for more detail of the specific documents required for you, especially if you require an exemption from the standard requirements. A copy of our more complete document checklist is also available here.
The Resident Return Visa is granted without any conditions.
However, you should note that there are provision to cancel permanent residence visas (for example if you provided false or misleading information or under anti-terror laws). If you believe you are at risk of such a cancellation, or you have been issued a Notice of Intention to Consider Cancellation, contact us immediately to determine your options.
We offer a simple step by step process to prepare and lodge your application. Following our initial consultation you will have a complete advice setting out a tailored fee schedule, procedure, and timeline.
We have strict service deliverables between each stage to ensure that you can have complete control over your schedule.
Speak to our team directly to determine the timeline for an individual in your circumstances.