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Old 10-01-2014, 03:12 PM
ezmo1982 ezmo1982 is offline
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Question Looking for Information on Resident Return Visa 155/157 for permanent resident

Hello People,

I am looking for some information for Resident Return Visa for Australian Permanent Residents.

Here is my situation:
1. In May 2011, i was granted a Permanent Resident Visa (Subclass 856, Employer Nomination Scheme). During the next 9 months I travelled in and out of Australia, but spent the majority of that time out of the country.

2. In January of 2012, I left Australia to return to Ireland. And I have never returned since. My reasons for leaving were completely genuine/compelling/Compassionate. I had a serious medical condition and was forced to leave.

3. My current permanent resident visa has a travel restriction, and I will not be able to return to Australia after May 2016 (5 year absence).

I do not want to lose my residency, and would hope to return at some time in the future, when exactly i don't know.

Now, I have read through the Australian Immigration website, and it appears I might be able to apply for a resident return visa - Subclass 157, to enter after this date and remain.(I am not able to apply for a subclass 155 as I have not spent at least 2 years in the past 5 living on Australian soil.)

From the website, it states:
"You might be able to be granted this visa if you:

have lawfully spent at least one day in the past five years in Australia
have spent less than two years in the past five years in Australia
have been a permanent resident or an Australian citizen for the entire period spent in Australia
can show a compelling and compassionate reason for having to leave Australia or, if you are outside Australia, for leaving when you did"

I apply to all of the above, apart from "have been a permanent resident or an Australian citizen for the entire period spent in Australia"

Regarding the :
"can show a compelling and compassionate reason for having to leave Australia or, if you are outside Australia, for leaving when you did". I can definitely do this - i can produce doctors reports, evidence of medication, consultations, anything that is required.

But what i don't understand is the travel restriction:

"If you are granted a Subclass 157 visa the travel facility will be for 3 months from date of grant."

Does this mean, if its granted, i must return to live in Australia permanently within the first 3 months of granted date?

Now the only way i can think of how this applies, is by using a scenario -

1. Say for example, i apply for an 157 visa before May 2016 (which is what i would have to do).

If it is granted, I believe it replaces the previous visa. If so, is it another permanent resident visa whereby i can stay indefinitely? And obviously has the 3 month travel restriction.

2. This to me, seems a little pointless. If I dont return to Australia on my current visa before May 2016, i wont be let back in without a Resident Return Visa. But if I am granted a resident return visa, i will have to return there anyway within 3 months. So that makes it approx August 2016.

3. If the above applies, is it not better just to return before May 2016 without bothering with a Resident Return Visa as Im only getting a another 3 months to play with?

Sorry for a long-winded post, but Im really finding it hard to understand my options.

The main point is that I want to extend my permanent resident visa so that I can have more time to allow myself to move back to asutralia. In other words, I dont want to lose it, but dont know when i can move back due to my illness

Hope anybody can help, thanks folks!!!

Appreciate it,
Ez.