RRV Case Study 08 Subclass 155

In Australia, individuals holding permanent resident status enjoy many privileges equivalent to citizens. This includes the freedom for the entire family to reside and work in Australia indefinitely, access to free healthcare, education, childcare benefits, and retirement benefits. Therefore, obtaining Australian Permanent Residency (PR) is the ultimate goal for many individuals planning to immigrate to Australia.

However, does having PR mean you can stay away from Australia for an extended period? Mr. H wants to inform everyone that PR comes with a time limit for entry and exit, typically set at 5 years. This means that within these 5 years, individuals can freely travel in and out of Australia or choose to stay continuously. However, if one needs to exit after 5 years, they must apply for the Resident Return Visa (RRV), specifically the 155/157 visa.

Today, we share a successful case where an individual had not returned to Australia for over 5 years but successfully obtained the 155 Resident Return Visa (RRV).

【155Case Study】

Case Summary:
Ms. N obtained the Subclass 143 Parent Visa in 2013 along with her husband. They stayed in Australia for 24 days in 2014 and 14 days in 2015 after which they did not return for the next 5 years. Following the expiration of their Subclass 143 visa in 2018, they applied for the 155 Resident Return Visa (RRV) twice, each for a one-year duration, with the last one expiring in August 2020. The couple needed to renew their RRV, but they were concerned about the risk of being rejected for the third renewal. They reached out to our HECT Australia Hands Immigration team for assistance.

After in-depth discussions with Ms. N and her husband, our lawyers learned that the couple has a son and a daughter settled in Australia. Although the husband did not accumulate 2 years of residence in Australia within the past 5 years, he visited Australia for a few days each year. On the other hand, Ms. N, for personal reasons, had not been to Australia for over 5 years, presenting significant challenges in providing reasons and evidence for her inability to come to Australia. During the visa application process, the clients received a notice for additional documents from the immigration department, requesting more evidence demonstrating “substantial ties” to Australia, which the clients could not provide.

In a situation where the clients were losing hope and lacked additional supporting documents, our HECT Australia Hands Immigration lawyers drafted a highly persuasive explanatory letter. This letter successfully secured one-year RRV renewals for both spouses.

 

Challenges in the case:

1. The client has already renewed the Resident Return Visa (RRV) twice, and there is a significant risk of rejection for the third renewal.

2. The client has not visited Australia in the past 5 years, making it challenging to provide reasons and evidence for their inability to come to Australia.

3. The client lacks substantial ties to Australia, such as business, employment, or property, weakening their “substantial ties” with Australia.

Success Factors:

1. Empathetic consideration of the client’s situation through continuous communication.

2. Due to the high risk of rejection, meticulous preparation of comprehensive documents and a persuasive explanatory letter is crucial.

3. HECT Australia Hands Immigration lawyers demonstrate a deep understanding of immigration policies, effectively applying them to real-life cases.

With no visits to Australia in the last 5 years and facing significant rejection risks, our lawyers successfully secured a one-year renewal of the Resident Return Visa for the client through a persuasive explanatory letter. This showcases the remarkable capabilities of our HECT Australia Hands Immigration team!

 

Next, let’s delve into a detailed introduction of the Australian 155/157 Resident Return Visa, helping everyone understand how long they can renew their RRV based on their specific circumstances.

155/157 Visa Introduction:

The 155/157 Resident Return Visa (RRV) is a permanent visa designed for current Australian permanent residents, former Australian residents, and former Australian citizens. The travel validity of the Australian permanent resident visa is typically 5 years, allowing multiple entries during this period. In cases where the permanent resident visa is nearing expiration and the applicant is not yet eligible or willing to apply for citizenship, obtaining another permanent resident multiple-entry visa becomes necessary before departing. This visa is commonly known as the 155/157 Resident Return Visa (RRV).

Situation for Applying for the 155 Visa:

1.Reside for a minimum of 2 years within the last 5 years. If the applicant, as an Australian citizen or permanent resident, has lived in Australia for a total of 2 years within the past 5 years, they are eligible for the 155 visa, which has a validity period of 5 years.

2.Reside for less than 2 years but at least 1 day within the last 5 years. If the applicant, as an Australian citizen or permanent resident, has accumulated less than 2 years of residency in Australia within the past five years but at least 1 day, and can demonstrate substantial ties of benefit to Australia in terms of business, culture, work, or personal relationships, they may be eligible for the 155 visa with a validity period of 1 year.

3.Reside outside Australia for over 5 years. If the applicant has been continuously outside Australia for more than five years but can provide compelling reasons explaining why they had to leave Australia initially, and can demonstrate substantial ties of benefit to Australia in terms of business, culture, work, or personal relationships, they can still obtain the 155 visa with a validity period of one year.

Applying for the 157 visa:

Residing in Australia for less than 2 years within the last 5 years, with at least 1 day of stay, and unable to demonstrate substantial ties to Australia. However, having “compelling and compassionate reasons” to explain the reasons for departure allows the applicant to apply for the 157 visa to return to Australia, but the visa is valid for only 3 months.

Summary: For friends who usually reside in Australia, renewing the RRV is relatively straightforward. However, for those who frequently stay outside Australia for extended periods, or even for those whose PR’s entry validity has expired without timely renewal, smoothly returning to Australia can be quite challenging. Inadequate document preparation, the inability to prove substantial ties to Australia, or insufficiently explained circumstances can all lead to unsuccessful renewal. If you are currently facing issues with renewing your PR, make sure to promptly seek assistance from our professional consultants at HECT Australia Hande Migration to help you successfully renew!