How to Regain Your Australian PR with Resident Return Visas (RRV)?

If you previously held a permanent residence visa for Australia and have since left the country, you may still be able to regain your status through a Resident Return Visa (RRV) (Subclass 155). 
 

Can My Permanent Residency (PR) Be Reinstated? 

Yes, if you held a Permanent Residence visa within the last 10 years, you could apply for a Resident Return Visa to regain your permanent residency. 

However… 

What Do I Need to Show to Apply for Subclass 155?

  • If your last visit to Australia was more than 5 years but less than 10 years ago: You will need to provide compelling reasons for your absence and demonstrate substantial ties to Australia. 

  • If your last visit was less than 5 years ago: You do not need to show compelling reasons for your absence but must demonstrate your substantial ties to Australia. 

What Type of PR Visa Will I Get If Granted? 

If granted, you will receive a 12-month Resident Return Visa (Subclass 155) if you meet the requirements and have held a Permanent Residence visa for at least 10 years. This is a permanent visa that can be renewed.

If it’s been longer than 10 years since your last Permanent Residence visa, entering Australia on a Subclass 601 ETA Visa might allow you to meet the requirements for the RRV if you can demonstrate substantial ties beneficial to Australia and provide compelling reasons for your absence. 

What if my family did not meet the residency requirements? 

Suppose you are eligible for a Resident Return Visa. In that case, your spouse or dependent may still apply, even if they don’t meet the residency requirement (i.e., living in Australia for 2 out of the last 5 years).

What do I need to prove to get a Resident Return Visa? 

Substantial Ties with Australia

Your ties to Australia must be substantial and beneficial. Examples include: 

  • Business: Ownership of an Australian company. 

  • Cultural: Participation in artistic or cultural performances. 

  • Employment: An employment contract with an Australian company. 

  • Personal: Having an Australian partner or child. 

You will need to provide documentation to support your claims of substantial ties. 
 

Compelling Reasons for Absence 

While the term "compelling" is not explicitly defined in the Migration Act, it generally refers to reasons beyond the applicant's control. Examples include: 

  • Severe illness or death of a family member overseas. 

  • Work or study commitments that provide a benefit to Australia. 

  • Ongoing relationships with Australian citizens. 

  • Complex medical treatments prevent travel. 

  • Involvement in legal proceedings or contractual obligations.

  • Natural disasters or political upheaval preventing return. 

  • Waiting for significant personal events that prevent relocation. 

Supporting documentation will be required to substantiate your compelling reasons. It is best to have a lawyer assist you, as the matter can be complicated and specialised.

Mistakes to Avoid

Check your visa grant letter for travel validity before you travel to avoid being stranded offshore. To maintain your permanent residency, aim to spend at least 2 years in Australia out of every 5-year period. This ensures you obtain a 5-year travel facility and are not subject to discretionary requirements like demonstrating close ties to Australia or providing compelling reasons for absence.

How Can Agape Henry Crux Help

If you are in an exceptional circumstance where you may not meet the standard RRV visa, contact Agape Henry Crux for professional advice and guidance. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.  

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