Knowledge of the application process essential to obtain a resident return visa

July 29, 2016 - Unreported Cases

The Applicant became an Australian permanent resident when she was granted an Employer Nomination Scheme permanent visa (subclass 121) in 2011. After living in Australia for one year, the Applicant was forced to depart Australia by reason of her husband’s work commitments. As a non-Australian citizen, the Applicant requires a Resident Return visa (subclass 155) to return to Australia. To ensure that the application process was duly followed, she sought the assistance of Immigration Solutions Lawyers.

Although the Applicant had not been in Australia for two of the last five years, her absence did not exceed a continuous period of five years. She thus needed to provide evidence of her substantial ties to Australia, but was not required to offer compelling reasons to justify her absence. Nonetheless, Immigration Solutions Lawyers prepared a submission inclusive of compelling reasons to further strengthen her application.

To demonstrate her personal ties to Australia, Immigration Solutions Lawyers submitted evidence of the Applicant’s permanent residence in Australia for over four years and extended periods spent in Australia to visit Australian family and friends. This evidence include statutory declarations, travel documents in and out of Australia, photographs of social outings and her child’s Australian citizenship certificate.

In addition to her personal ties to Australia, the Applicant provided evidence of her real and tangible assets in Australia. These assets included a shared property with her husband, an Australian bank account and Australian life insurance.

Finally, proof of cultural and community ties in Australia was demonstrated by evidence of the Applicant’s regular donations in support of charities in Australia and a local organisation which cared for disabled children.

Three days after lodging a decision-ready application, the Department of Immigration and Border Protection granted the Applicant her Resident Return visa.

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