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Discussion Starter · #1 · (Edited)
I was just checking the requirements for a resident return visa on the immi.gov.au.eligibility.htm website.

Is it up to the individual oficial dealing with the application or are there any guidelines for the following requirement:

'you must provide evidence that proves you have substantial business, cultural, employment or personal ties to benefit australia'

I currently have a permanent resident return visa sub class 155, but it expires soon. I have not lived there 2 out of 5 years.

Thanks
 

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Hi Tiwi -

Yes, there is specific policy that DIAC will use in assessing the evidence you provide re: substantial ties. We have a client information document we provide to our clients who are applying for a 155 visa that includes a copy of the relevant policy from DIAC's Procedures Advice Manual (PAM3) that should prove helpful - if you'll email me at [email protected] and give me your email address, I'll be happy to send you a copy. We're happy to make this available to any forum readers - just drop me an email to request it.

You should also be aware that DIAC recently changed the regulations regarding the 155 Resident Return visa so that if you apply for the visa based on being in Australia for 2 out of 5 years, if you're granted the 155 visa it will be for a 5 year duration, but if you apply based on the substantial ties criteria, the visa will only be for a 1 year duration and you'll have to reapply in another year.

Please advise if I can assist any further, and good luck with your case!
 

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I was just checking the requirements for a resident return visa on the immi.gov.au.eligibility.htm website.
Is it up to the individual oficial dealing with the application or are there any guidelines for the following requirement:

'you must provide evidence that proves you have substantial business, cultural, employment or personal ties to benefit Australia'

I currently have a permanent resident return visa sub class 155, but it expires soon. I have not lived there 2 out of 5 years.

Thanks
My Partner who is also a Australian permanent resident after 42 years living in Aussie has a stamp on his passport which allows him 5 years out of the country, he must return back by 2015, the problem you are both faced with is that it seems to be very difficult to return after you have left and not returned, We own a huge house and have financial security over there but still we know that if he doesn't return even for a holiday he really has little chance of being accepted back. Don't know why its seems to be so difficult for permanent residents to return.
Maybe the best thing to do is contact an agency and get help from them.
good luck
Louise
 

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Discussion Starter · #4 · (Edited)
Thanks, my last resident return visa i did myself, at that time i did not meet the requirements of 2 out of 5, it was more 6 months out of 5 years, i had a brief interview at the immigration office and was granted a 5 years resident return.

This time, not being in australia, i want to apply outside australia, i can proof some things but not too much... substantial amount of money in the bank for example, remitted into australia for the purpose of buying an apartment. I'm not sure if this is enough and I'm looking for some info how to support my resident return visa application.

I know it will be a 1 year visa this time, my current visa expires in 6 months.
 

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Discussion Starter · #5 ·
@ MarkNortham thank you for your reply by email.

In the end I applied online (immi.gov.au website) and was granted a 5 year rrv (class BB, subclass 155) but must enter within a year. One thing I am not sure about, it is a 5 year resident return visa, so when I arrive within a year, even if it is for a day, I can leave and enter Australia after that for the remaining term of the visa?
 

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Yes, you just have to get the immigration stamp. I came over for 1 hour and went back from the airport itself and my visa was validated without any problem.

@ MarkNortham thank you for your reply by email.

In the end I applied online (immi.gov.au website) and was granted a 5 year rrv (class BB, subclass 155) but must enter within a year. One thing I am not sure about, it is a 5 year resident return visa, so when I arrive within a year, even if it is for a day, I can leave and enter Australia after that for the remaining term of the visa?
 

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@ MarkNortham thank you for your reply by email.

In the end I applied online (immi.gov.au website) and was granted a 5 year rrv (class BB, subclass 155) but must enter within a year. One thing I am not sure about, it is a 5 year resident return visa, so when I arrive within a year, even if it is for a day, I can leave and enter Australia after that for the remaining term of the visa?
Hello tiwi,

I had similar situation as yours. I did not meet the requirement of 2 out of 5. And my current 5 years return visa will be expired in Dec 2014. I want to apply for another 5 year rrv online, could you please tell me what kind of information you provided to the immigration as the evidence of ties to Australia and benefit to Australia in your last application? Thanks so much!

Andrew
 

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Hello Tiwi,

I have similar situation as yours. I am not meeting the requirement of 2 out of 5, and my current 5 years PR visa expired in Dec 2013. I want to apply for another 5 year rrv online, could you please tell me what kind of information you provided to the immigration as the evidence of ties to Australia and benefit to Australia in your last application? Thanks so much!

Addie
 

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One Year RRV validity

Yes, you just have to get the immigration stamp. I came over for 1 hour and went back from the airport itself and my visa was validated without any problem.
Hi there,
Can you please provide me further details on one year Resident Return Visa?? You said you came over just for one hour to validate your visa but what comes next?? How long that visa allows you to stay out of Australia? How long before you need another RRV? Desperately waiting for the reply..
 

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Once you validate our PR visa, your visa is valid for 5 years from the date it was granted. Once those five years are up, if you are already in Australia, you can stay permanently - that's what makes PR permanent. However, if you then want to travel outside Australia, you will need to have been in Australia for at least 2 years of the previous 5 before you will qualify for a 5-year RRV. So if you came back just before your original 5 year period expired, you would have to stay in Australia for 2 years before you'd be eligible for a five-year RRV. It is sometimes possible to get shorter-term RRVs if you have not been in Australia for quite 2 years yet, but it can be more difficult, is not guaranteed, and can require proving significant ties to Australia.
 
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All,

Just looking for some more clarification on the RRV. The basic requirements are clear, but what I am struggling with is whether to apply for my 309/100 now or to wait until my migration timeline is clear.

At the moment I live overseas with my wife of many years. If I apply for the spouse visa I expect to get a 100 subclass straight away. So far so good. However, we have no firm plans to migrate yet. We expect to stay in our current location for another 1-3 years, depending on jobs etc. What happens after that is likely a move to Australia, but we might also decide to move to another country and delay our permanent Australian migration.

The problem I have is that I need the permanent visa to find a job in Australia before we migrate, if and when we decide to go. So as I see it there are two options:

1) Get the 100 visa now so that in 12 months time we have an option to move. If not moving to Australia within 5 years, apply for RRV. Any feeling for chances of being granted a RRV if never even lived in Australia? Obviously I can at that time reapply for a spouse visa, but would prefer not to do it twice (more the hassle than the cost) and I am not sure if there is a risk the visa is not granted a second time.

2) Wait to get the visa when we are sure to go, but then have to wait at least 12 months before being able to make the move.

Thanks.
 

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1. Keep in mind that the visa may take a year to be processed, and you then have 5 years from that point to make the move. So a total of 6ish years. You can take this approach, however if you've never lived in Australia you may simply get a one-year RRV which may or may not give you the extension you want. The fact that your wife is Australian may improve your chances of subsequent RRV grants, but it's not guaranteed. Assuming your initial partner visa is granted, you'd have little risk a visa wouldn't be granted a second time, however that's an expensive approach given the price of visas.

2. This is perhaps the safer approach, but obviously timing gets a bit more dicey. You also don't know what price increases may be implemented between now and then.

No one can tell you which one is the better approach, simply different opinions. I'd probably go with option 1 if I though I was more likely to move within the next 6 years.
 

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Thanks for the reply Maggie-May24.

The fact that your wife is Australian may improve your chances of subsequent RRV grants, but it's not guaranteed.
That's the key question for me. My understanding is that you don't have to apply for the RRV straight after the initial permanent residency visa passes the 5 year mark. In this case I would simply get the subclass 100 now, wait till I was sure to move and, if this is more than 5 years (or 6 from now given lead times), ask for the RRV if and when.

The problem is, we travel to Australia a lot for family visits. So once the 5 year period is gone, I would have to get an RRV every time for those social visits as well and immigration might get fed up!

I was hoping there might be people out there who have had the experience already to see how difficult getting (multiple) RRVs is in this situation.
 

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Thanks for the reply Maggie-May24.

The problem is, we travel to Australia a lot for family visits. So once the 5 year period is gone, I would have to get an RRV every time for those social visits as well and immigration might get fed up!
If you're granted a 1 year RRV, your perspective should be: I'm ready to take the plunge to be a newly arrived migrant in Australia, getting ready to settle in. That's what DIBP will consider you as and will give you a year to do so.

You shouldn't be thinking of moving in and out of Australia to visit relatives after you get the first initial (probably 1 year) RRV and hope to get subsequent RRVs to do that.

DIBP don't take kindly to applying for multiple RRVs without spending enough time onshore. My wife applied for multiple RRVs. The subsequent RRV applications, they were already saying things like "Come back when you're ready to migrate", "You don't live here".

Unless you've a job here or another substantial reason, it's unlikely family ties can be used over and over again to get repeated 1 year RRVs to keep doors open until the day you're ready to migrate.

And RRV criteria will only get tougher.
 

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If you're granted a 1 year RRV, your perspective should be: I'm ready to take the plunge to be a newly arrived migrant in Australia, getting ready to settle in. That's what DIBP will consider you as and will give you a year to do so.

You shouldn't be thinking of moving in and out of Australia to visit relatives after you get the first initial (probably 1 year) RRV and hope to get subsequent RRVs to do that.

DIBP don't take kindly to applying for multiple RRVs without spending enough time onshore. My wife applied for multiple RRVs. The subsequent RRV applications, they were already saying things like "Come back when you're ready to migrate", "You don't live here".

Unless you've a job here or another substantial reason, it's unlikely family ties can be used over and over again to get repeated 1 year RRVs to keep doors open until the day you're ready to migrate.

And RRV criteria will only get tougher.
Thank you for that perspective, I have the same view. But if not migrating within the 5 year period of the original visa, is there another way to visit? Can I come on an evisitor without losing the option of a RRV later?
 

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Thank you for that perspective, I have the same view. But if not migrating within the 5 year period of the original visa, is there another way to visit? Can I come on an evisitor without losing the option of a RRV later?
Yes, you could come in on evisitor and apply for RRV onshore. My wife did that after her initial PR expired. Visited a local DIBP and was granted 3 month RRV on the spot. The officer did ask her why she didn't apply offshore instead, but no biggie there. But again, nothing is guaranteed. Subsequently application for another 3 month RRV was met with much difficulties.

Simply put, I think it's safer to use a RRV when you're ready to migrate. For short trips, it's better to come in on a ETA/evisitor visa. Apply and use an RRV when you're ready to make the big move. Multiple RRVs gives an impression of a lack of commitment to settle down and will probably not be viewed favorably.
 

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Yes, you could come in on evisitor and apply for RRV onshore. My wife did that after her initial PR expired. Visited a local DIBP and was granted 3 month RRV on the spot. The officer did ask her why she didn't apply offshore instead, but no biggie there. But again, nothing is guaranteed. Subsequently application for another 3 month RRV was met with much difficulties.
Thank you, that's very useful info. Think the way forward is to get the permanent visa now and, if for some reason we don't move, keep visiting on evisitor after the initial 5 year period. I'll then apply for RRV when we do make a move, which would hopefully be quicker than 12 months...
 

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Hello tiwi,

I had similar situation as yours. I did not meet the requirement of 2 out of 5. And my current 5 years return visa will be expired in Dec 2014. I want to apply for another 5 year rrv online, could you please tell me what kind of information you provided to the immigration as the evidence of ties to Australia and benefit to Australia in your last application? Thanks so much!

Andrew
Hi Andrew,

I am in kind of a similar situation. My PR is going to expire near year August. I was wondering if you applied for RRV and did you get it ?
 

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Is my assumption correct? Thanks!

Hi all,

My 5 year PR will expire in september 2015. I lived in Australia from June 2011 to Feb 2013 (short of the 2 years), and visited for about 15 days again in June 2013, but have not been back since.

From what I read in the DIAC site, it says that the RRV is "For Australian permanent residents, former Australian permanent residents and former Australian citizens."

The case of a "former PR" can only happen if your original PR visa expired while you were overseas, correct? (i.e., if you are onshore and the PR visa expires it really does not matter, because as long as you are in Australian soil you maintain your legal status....)...

So, perhaps a dumb question but want to confirm: as I mentioned, my current PR visa expires on Sept 2015; Does anybody know if I Could apply for a RRV offshore (e.g., online) after the PR Visa has officially expired? (say, February 2016)? Does anyone know what are the chances of having a 5 year RRV granted under those circumstances? (i.e., lived almost the 2 years within the last 5 with a PR, and also working with Australian companies during the whole time)....

I read somewhere that you can apply for a a RRV onshore at any DIAC office, and that in those cases the response can be in as little as 24 hours.... Does anyone know if this is true?.

At the moment I do work with an Australian company, but not with a formal job contract (free agent you could say), but because of the nature of the business, I have to live overseas..... I guess if the chances of obtaining a RRV applying onshore are higher, I could travel to Australia before my current PR expires, apply for the RRV, and if granted then just travel back to where I live at the moment.....

Any suggestions, comments and/or experiences will be greatly appreciated.

Cheers,

Luigi
 

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Hi Tiwi -

.........We have a client information document we provide to our clients who are applying for a 155 visa that includes a copy of the relevant policy from DIAC's Procedures Advice Manual (PAM3) that should prove helpful - if you'll email me at [email protected] and give me your email address, I'll be happy to send you a copy. We're happy to make this available to any forum readers - just drop me an email to request it.

(..............)

Please advise if I can assist any further, and good luck with your case!
Hi Mark, I just sent you an email.... thank you very much in advance...

Cheers,

Luigi
 
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