In order to return to Australia after their travel validity expires, Australian permanent residents need to ensure they are eligible for and obtain a Resident Return Visa (RRV). We successfully helped a client who was granted a RRV two years after his permanent visa expired while he was overseas, despite not meeting the physical residence criterion and spending many years outside Australia.
In order to be eligible for a RRV, an applicant is required to meet the residency requirement: that they have lived in Australia for 2 years (730 days) in the last 5 years as the holder of a permanent visa (or entry permit), or be able to demonstrate substantial ties to Australia that are of benefit to Australia.
Our client couldn’t meet this requirement because he had been studying overseas, and was subsequently compelled to stay when his grandfather started suffering from illness. He stayed there to take care of his grandfather, and also applied for further study outside Australia. Being unfamiliar with Australia’s law and regulations, and due to how busy he was with university and study, he did not renew his permanent visa before it expired in 2017, and was unable to come back to Australia.
However, our client received an offer from an Australian university due to his excellent academic performance. We used this basis, along with the client’s other ties, to submit to the Department that there were compelling reasons for his absence and that his ties were of benefit to Australia.
Our efforts were a success and our client was granted a Resident Return Visa.
If you are a Permanent Resident with any questions about leaving and returning to Australia and your visa, check out the pages below. Or contact us at Aussie Immigration Services, and we would be happy to help you with your application.
