Resident Return Visa Australia: What Happens If You Have Been Living Overseas?

General information only, not legal advice. Immigration law changes; contact Onside for advice about your circumstances.

Australian permanent residents may live overseas for personal, family or professional reasons. However, if you remain outside Australia for an extended period, your permanent visa's travel facility may expire, creating an important question: how can you return to Australia as a permanent resident?

It is important to understand that permanent residence and the ability to travel to Australia as a permanent resident are not necessarily the same thing. A person may continue to hold permanent resident status but require a new travel facility before returning to Australia.

In these circumstances, a Resident Return visa (RRV) may provide a pathway to return to Australia as a permanent resident.

What Is a Resident Return Visa?

The Resident Return visa program includes subclass 155 and subclass 157 visas.

An RRV allows eligible current or former Australian permanent residents, and certain former citizens, to obtain a travel facility to return to Australia as permanent residents.

The visa outcome and length of the travel facility depend on the criteria the applicant satisfies and their individual circumstances.

Have You Lived Overseas for Several Years?

This is one of the most common reasons people seek advice about Resident Return visas.

You may have originally migrated to Australia, obtained permanent residence and later moved overseas because of employment, business, family or caring responsibilities, relationship circumstances, education or other significant personal reasons.

After several years outside Australia, you may no longer satisfy the residence requirement for the standard five-year travel facility.

However, a lengthy absence from Australia does not necessarily mean that returning to Australia as a permanent resident is impossible.

Your immigration history, time spent in Australia, Australian connections, reasons for your absence and available evidence may all be relevant to determining your options.

What Is the Two-Year Residence Requirement?

Generally, an applicant who has been present in Australia for at least two years in the five years immediately before applying, as a permanent visa holder or Australian citizen, may satisfy the relevant residence requirement for a Resident Return visa.

If this requirement is not met, other criteria may potentially be relevant, including substantial ties to Australia and circumstances surrounding an extended absence.

What Are Substantial Ties to Australia?

Substantial ties to Australia can include business, employment, cultural and personal ties, including family connections.

The ties must be substantial and of benefit to Australia. The strength and nature of those connections will depend on the individual circumstances.

For an applicant who has lived overseas for several years, it may therefore be important to provide evidence demonstrating the continuing nature of their connection with Australia, rather than simply stating that Australia remains their home.

What If I Have Been Overseas for a Very Long Time?

A prolonged absence can make an RRV application more complex, particularly where the applicant has spent many years outside Australia or has limited recent connections with Australia.

The reasons for the absence may also be important. Depending on the circumstances, compelling reasons for prolonged absence may need to be considered and supported by appropriate evidence.

An applicant's previous residence in Australia, family circumstances, employment or business history, reasons for leaving Australia and continuing Australian connections may all be relevant to developing an appropriate application strategy.

What If My Permanent Visa Travel Facility Expired While I Was Overseas?

This is an important issue for many former Australian permanent residents.

If you obtained Australian permanent residence but your permanent visa's travel facility expired while you were overseas, particularly after a prolonged period outside Australia, you should not assume that you have simply lost your permanent residence or that you can automatically obtain an RRV.

Former permanent residents require an individual assessment of their immigration history and circumstances.

At Onside Immigration Lawyers, we have extensive experience assisting former Australian permanent residents whose travel facilities have expired while overseas, including applicants who have remained outside Australia for prolonged periods.

We assess your previous permanent residence, visa and travel history, time spent in Australia, Australian connections, reasons for your absence and available evidence. These factors can determine whether you are eligible to apply for an RRV in the first place and, if so, which application pathway may be appropriate, including whether the application should be made from inside or outside Australia.

We then develop an RRV strategy tailored to your circumstances, including the relevant eligibility criteria, evidence, timing and application pathway.

What Evidence May Be Relevant?

The evidence required will depend on the basis of the application and your individual circumstances. It may include employment or business records, Australian property and financial interests, evidence of Australian family connections, children's schooling, previous residence in Australia, community connections and evidence explaining periods of extended absence.

Where you have been overseas for a prolonged period, the evidence should provide a clear and consistent picture of your connection with Australia and the circumstances surrounding your absence.

How Long Will an RRV Last?

The length of the travel facility depends on the criteria you satisfy.

Where the relevant residence requirement is met, a five-year travel facility may be available. Where an applicant relies on other criteria, including substantial ties to Australia, the travel facility may be shorter depending on the circumstances.

Why Obtain Advice Before Lodging an RRV?

RRV applications can range from cases where the residence requirement is clearly satisfied to more complex matters involving many years overseas, limited recent Australian connections or an expired travel facility.

In these circumstances, the strategy adopted before lodging the application can be critical.

At Onside Immigration Lawyers, we first evaluate your circumstances and available options, identify the relevant eligibility criteria and develop an application strategy based on your immigration history and objectives.

Speak to Us About Your RRV Options

If you are an Australian permanent resident or former permanent resident living overseas and your travel facility has expired or is approaching expiry, it is important to understand your position before making arrangements to return to Australia.

Onside Immigration Lawyers can assess your circumstances and advise you on the appropriate Resident Return visa strategy, including where you have spent a prolonged period outside Australia or do not satisfy the usual residence requirement.

Contact Onside Immigration Lawyers for advice about your Resident Return visa options.