[JCMH]

Dear All,

I am an Australian permanent resident who was granted a 189 visa in early 2013 which will expire in 2018.

I left Australia in the middle 2014 and did not live in Australia 2 years during the 5 year period.

I wish to return to Australia and apply for a Resident Return Visa.

I note that the only option I currently have is to apply for Resident Return Visa and to show that I have substantial ties of benefits to Australia.

I currently own a property in Sydney and I pay council rate, strata levies etc regularly and I lodge my annual income tax return every year. Other than that, I do not hold any other ties of benefits to Australia.

How likely will be granted a Resident Return Visa with 1 year travel facility?

Is there any difference applying a RRV onshore and offshore?

If I am unlikely to get a RRV under subclass 155, is there any other option where I can resume my PR status?

Thank you all.

 

[cesa]

I believe the only option for former PR is the RRV.

Since your travel rights expire in 2018, I'd move there as soon as possible and apply from onshore just before the expiry date. Wouldn't you be able to accrue 2 years combining the next months with the previous period you spent there?

 

[JCMH]

I believe the only option for former PR is the RRV.

Since your travel rights expire in 2018, I'd move there as soon as possible and apply from onshore just before the expiry date. Wouldn't you be able to accrue 2 years combining the next months with the previous period you spent there?

Dear Cesa,

Thank you for your reply.

I would love to stay in Australia to accrue 2 years in total but I have my personal commitment back in my hometown.

I will come back to Australia for good few years later. At this stage, I will not be able to fulfil the 2 year requirement.

So I'm thinking whether or not I am likely to satisfy the case officer that I have personal ties of benefit to Australia by having a property in Sydney and have complied and will always with the tax law and relevant legal requirements.

Kind regards

 

[cesa]

By looking at the DIBP website, your case could qualify for the 1-year RRV only if you can demonstrate compelling reasons for your absence in these years and the property ownership is considered a business tie of benefit to the country. To be honest, I don't know how strict they are in assessing RRV applications.

If you could entry into Australia even just 1 day before your travel right expiry, you could then stay for 2 whole years (hoping that you do not have to leave and re-enter), and apply then?

Or if you were planning to make your entry later in 2018, I'll have a chat with a RMA.

 

[JCMH]

By looking at the DIBP website, your case could qualify for the 1-year RRV only if you can demonstrate compelling reasons for your absence in these years and the property ownership is considered a business tie of benefit to the country. To be honest, I don't know how strict they are in assessing RRV applications.

If you could entry into Australia even just 1 day before your travel right expiry, you could then stay for 2 whole years (hoping that you do not have to leave and re-enter), and apply then?

Or if you were planning to make your entry later in 2018, I'll have a chat with a RMA.

Dear Cesa,

Thank you very much for your kind assistance.

I will endeavour to accrue 2 years of stay to avoid any unnecessary refusal of RRV. But I will have to talk about this with a registered migration agent or a immigration lawyer before making any major decision. I think it ultimately depends on the case officer and how strict he/she will be in processing RRV applications.

Just one more question, after 5 years without applying for RRV. Is my pr status automatically ceased to exist and I will be considered as a foreigner? If I apply for a travel visa to enter into Australia, does that mean my 189 visa will get cancelled and I can no longer apply for RRV?

Thank you very much.

 

[cesa]

Dear Cesa,

Thank you very much for your kind assistance.

I will endeavour to accrue 2 years of stay to avoid any unnecessary refusal of RRV. But I will have to talk about this with a registered migration agent or a immigration lawyer before making any major decision. I think it ultimately depends on the case officer and how strict he/she will be in processing RRV applications.

Just one more question, after 5 years without applying for RRV. Is my pr status automatically ceased to exist and I will be considered as a foreigner? If I apply for a travel visa to enter into Australia, does that mean my 189 visa will get cancelled and I can no longer apply for RRV?

Thank you very much.

My 2 cents: you are still considered as a former permanent resident (your visa never ceases), but I think your only pathway back into the country legally is a RRV application. At the end of the day, they might grant you a 3-month travel facility RRV (sc. 157 is it?), which could be enough for your needs, as long as you live there once onshore.

 

[JCMH]

My 2 cents: you are still considered as a former permanent resident (your visa never ceases), but I think your only pathway back into the country legally is a RRV application. At the end of the day, they might grant you a 3-month travel facility RRV (sc. 157 is it?), which could be enough for your needs, as long as you live there once onshore.

Dear Cesa,

Thank you very much. As far as I understand, you still need to show the following requirements:

- you can show a compelling and compassionate reason for having to leave Australia or, if you are outside Australia, for leaving when you did

- If you have been living outside Australia for more than three continuous months immediately before applying, you must also show that you were absent for a compelling and compassionate reason.

Like you said, we do not know how strict they are in processing 155 and 157 applications. I guess I will not find a definite answer and will ultimately depend on my future circumstances and the case office.

Thanks again for your kind assistance. I deeply appreciate it.