Navigating the complexities of visas can be difficult, especially when you’re living abroad for a long time. In this newsletter, we’ll be discussing the Resident Return Visa (Subclasses 155 and 157) (RRV) and one of its important requirements: showing compelling reasons for absences that exceed five years.
Resident Return Visa (Subclass 155/157): A Bridge Back to Australia
While holders of permanent visas have the right to remain in Australia indefinitely, if they choose to travel internationally, they must ensure they have a right of re-entry to Australia. As such, the purpose of RRV arrangements is to allow certain people who are or have been permanent residents of Australia to travel internationally and return to Australia as permanent residents.
To be granted an RRV, applicants who have been absent from Australia for extended periods may be required to show “compelling reasons” for their absence. This requirement typically applies to those who have been away for 5 years or more. Its application depends on the applicant’s travel history and location at the time of application (whether inside or outside Australia). While there is no limit on how long a person may be outside Australia, it will likely become increasingly difficult for them to maintain eligibility over an extended period.
What Qualifies as a “Compelling Reason”?
It’s important to know what qualifies as a compelling reason when you’re planning to stay overseas for an extended period. While the Department of Home Affairs doesn’t provide an exhaustive list, some generally accepted reasons can be considered. These include:
- Compassionate Circumstances – If a close family member overseas is seriously ill, injured, or has passed away, it may be necessary for you to stay for a prolonged period. In such cases, providing documentary evidence from medical professionals or official records can strengthen your case.
- Unforeseen Events – Natural disasters, wars, or civil unrest in your country of residence can disrupt your plans to return. Providing news articles, government advisories, or insurance documentation can support your claim.
- Legal Obligations – If you are involved in complex legal proceedings overseas, such as property disputes or child custody battles, you may need to be present to resolve the situation. Providing official court documents or statements from your lawyer can be helpful in such cases.
Building a Strong Case
While the above examples may not be applicable, your compelling reason might be unique. Decision makers will look at how long you lived in Australia before, your plans to come back, and whether most people in your situation would have made the same choices. While reasons beyond your control carry more weight, your absence doesn’t need to be completely out of your control to be considered compelling. Overall, decision makers will look at the big picture, considering both your reasons for being away and any benefits to Australia.
Here are some tips for building a strong case:
- Detailed Chronology: Provide a clear timeline outlining the events that led to your extended absence. It is crucial that you include dates, locations, and details.
- Supporting Evidence: Gather official documentation to substantiate your claims. This may include medical records, legal documents, news articles, or sworn statements from witnesses.
- Explain the Impact: Describe the emotional and practical challenges the situation presented, emphasising your continued intention to return to Australia.
Beyond Compelling Reasons
Please keep in mind that demonstrating compelling reasons is only one part of the Resident Return Visa application process. In addition to that, maintaining ties with Australia through financial investments, keeping in touch with family and friends, or participating in Australian cultural activities can also strengthen your application.
We hope that this newsletter has helped to clarify the requirement for demonstrating compelling reasons when applying for the Resident Return Visa. If you have any questions or need further guidance, please don’t hesitate to contact us. We are here to help you navigate your way back to Australia.
It’s worth noting that cases involving absences of five years or more can be complex. For the best chance of presenting a strong case, we recommend seeking professional advice and assistance.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
