Australian permanent residents do not have an automatic right to return to Australia from overseas. When a permanent resident is granted a permanent visa, they are allowed a 5-year travel facility. This means that they are allowed to travel to and from Australia as many times as they want within those 5 years. After 5 years, the travel facility expires and the permanent visa is no longer valid. When this happens, a person has two options: applying for a Resident Return Visa or applying for Australian Citizenship. A Resident Return Visa (RRV) will allow you to travel to and from Australia as a permanent resident until the travel validity on the visa expires. As with most things, there are certain eligibility requirements and the duration of the visa varies depending on a person’s situation. In this article, we break down these requirements and circumstances.
Eligibility
There are no age requirements for obtaining an RRV. However, to be eligible you would need to be either:
- An Australian permanent resident
- A former Australian permanent resident (last permanent visa not cancelled), or
- Someone who has lost or renounced their Australian citizenship
There are also more specific eligibility criteria.
They are as follows:
1. Meet either the resident or substantial ties requirements
If you have lived in Australia for 2 years (730 days) in the last 5 years as a permanent visa holder or an Australian then you meet the residence requirement. The 2-year duration does not have to be consecutive. It will be enough if you demonstrate that in the last five years, your time in Australia adds up to a total of 730 days.
If you do not meet the residence requirement, you must show that you have substantial ties to Australia. These can be business, cultural, employment, or personal ties. In addition to being substantial, your ties must be of benefit to Australia. Check out this Department of Home Affairs Webpage to see examples of how you can demonstrate substantial ties.
2. Meet the character requirement
You must be of good character and pass the character test. There is a number of circumstance in which the test may not be passed. These are mainly crime-related, such as having a substantial criminal record or being associated with people involved in criminal conduct.
3. Other requirements
You must not be a holder of an Authority to Return or a Return Endorsement. In addition, you must not have had a visa cancelled or a previous application for a visa refused. If you do not meet all these requirements, there may still be a chance of obtaining an RRV if you have compelling and compassionate reasons. However, the duration of the visa will be relatively shorter.
Still unsure about eligibility? Lawpath can connect you with an experienced immigration lawyer for further assistance.
Duration
Depending on your circumstances, the duration that the RRV lasts will vary. If you:
- Meet the residence requirement, your travel validity might be 5 years
- Meet the substantial ties requirement, you may be given up to 12 months of travel validity
- Only meet the eligibility criteria because you are a family member of an RRV holder, you can only be given a maximum of 12 months of travel validity
- Can only demonstrate compelling and compassionate reasons and do not meet the eligibility criteria, you may be given 3 months validity.
What happens when the RRV expires?
If your RRV expires, you can either apply for another RRV or you may wish to apply for Australian Citizenship. You can read all about Australian Citizenship eligibility here.
Final tips
It can be tricky to navigate travel conditions when you are not an Australian Citizen. It is therefore important to stay informed about your eligibility and rights. An RRV is a great way to return to Australia without impacting your permanent resident entitlements, or citizenship application. If you hold an RRV, you should be aware of your expiry date so you are able to apply for a new RRV without delays.
