The Importance of Understanding the Criteria for Resident Return Visas.

January 20, 2017

Relevance of a Substantial Ties Submission.

Only Australian Citizens can travel to and from Australia freely. Whilst Australian Permanent Residents can stay in Australia indefinitely, if they choose to travel, it is important that they are aware of their travel facility. When a person is granted any Australian permanent residence visa, they usually have a 5 year travel allowance, where they have unlimited travel during that period. After the travel facility lapses, if an Australian permanent resident wishes to travel and retain their Permanent Resident status, it is necessary to apply for a Return Resident Visa (RRV). Not only is it important to obtain an RRV prior to re-entry in to Australia, it is important to understand the criteria that the Department of Immigration and Border Protection use to determine the length of travel facility provided on a granted RRV. The length of a travel facility attached to an RRV can range from three months to 5 years. Therefore, engaging an experienced immigration professional is essential to assist in gaining the maximum travel facility and providing information on how to maximise your next RRV.

For a Return Resident Visa subclass 155, the time that you have spent in Australia in the previous 5 years is a factor that the Department considers. To be eligible for a five year RRV, the applicant is required to have spent at least 2 consecutive years of the previous 5 years in Australia and be able to show substantial ties to Australia. Furthermore, if the applicant has been outside Australia for more than 5 years before applying for a new RRV, they need to show compassionate and compelling reasons as to why they should be granted the visa. Accordingly, if the applicant has not spent the required time in Australia, they are eligible for a 1 year RRV if they can show substantial ties to Australia.

The client was not eligible for the five year RRV as he has not spent sufficient time in Australia and the client instructed Immigration Solutions Lawyers to write a submission to display his substantial ties that are of benefit to Australia. Substantial ties can be shown through business ties, cultural ties, employment ties or personal ties. The Department only requires that one of the four substantial ties be shown, however to ensure a positive outcome, Immigration Solutions expanded on the client’s cultural, employment and personal ties to Australia and mitigated the compelling reasons for his absence in Australia.

Due to an extensive decision ready submission provided by Immigration Solutions Lawyers, the Department granted 1 year RRV, less than 24 hours after lodgement of the application and submission. Immigration Solutions Lawyers were also able to advise the client on steps to enhance his prospects of being granted a 5 year RRV in the future as well as potential citizenship eligibility.