Detail Question Of The Week



Permanent Residency (PR) and Resident Return Visa (RRV)

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Question asked

I live in UK and received Permanent Residency on 14th May 2013 under Parent sub class 103 visa. Both my children (age 50+) have Australian citizenship and been living in Australia for almost 18 years. (Note:They did not sponsor me as I wanted to apply on my own). My first entry was in September 2013 to satisfy the requirement.

I believe 5 years start from 14th May and not from date of first entry. Question: Is this correct ?

So far I have completed 12 months in Australia and will be coming to Australia for another 6 months in November. Before the 5 year expiry in May 2018 I will have completed 18 months. I will however have to go to UK in June/July to attend a family wedding and to try and sell my property.

I have read class 155 and 157 RRV visas but am not very clear on following points:

If I apply for RRV in April 2018 (before leaving Australia for UK)) am I likely to get 5 year visa as both children are here and that I will have completed most of the period (18months) or are they likely to give only 3 months visa ?

If I get 3 months visa only do I then have to be in Australia within three months of their granting visa in April 2018? This will not be suitable as I will be leaving Australia June/July 2018 and not return till October that year (to complete the remaining 6 months).Can that visa be further extended whilst in UK ?

OR

Would it be better to apply for RRV in October 2018 and not in April 2018 whilst in UK? But that would mean satisfying some requirements - which I might not be able to.

Will be grateful for your reply and any suggestions.

S.

Answer provided by our agents

Hi

Thank you for your inquiry. Please find the answer below:

FIVE YEAR PERIOD START DATE

The five year travel facility commences from the date the visa was GRANTED (not the date you entered Australia). So if the visa was granted on 14 May 2013, you can enter Australia before 14 May 2018.

LEAVING AND RETURNING TO AUSTRALIA

To leave Australia after the travel facility ceases, you need to apply for the resident return visa.

SUBCLASS 155 (FIVE OR ONE YEAR RESIDENT RETURN) VISA

To get the 5 year resident return visa you need to have been in Australia for 2 years over the last five years. As you have not been in Australia for 2 years, the Department cannot grant you the five year resident return visa.

However, you may be able to obtain a one year travel facility if you can show substantial ties to Australia (e.g. children, personal, work ties) and that you have not been away from Australia for five years or more.

SUBCLASS 157 (THREE MONTH RESIDENT RETURN) VISA

The other option is to apply for the three month resident return visa. You can apply for this visa from the UK. However, you can’t have been outside Australia for more than three months immediately before applying for this visa.

ADVICE

If you would like more flexibility with travel, I would advise you to apply for the one year travel facility 155 visa before you leave. When applying for this visa, make sure you put together a thorough submission about your family, personal and other ties to Australia.

If you are unsuccessful with the one year application, you can apply for the three month travel facility 157 visa. You must apply within three months of leaving Australia. For example, your situation could be as follows:

- leave Australia on 1 June 2018
- apply for visa on 1 August 2018 (from the UK)
- visa granted on 4 August 2018
- return to Australia on new visa within 3 months

I hope this answers your questions and please feel free to send a further clarification email. I offer fixed fee services for resident return visa applications and would be happy to assist you.

If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au or visit https://www.ask-an-agent.com.au/visa-quote - and don't forget to mention your Question ID so that I can keep providing immigration services to you.

Regards

Migration Agent