Since the COVID-19 pandemic, we have gotten many questions from permanent residents and former permanent residents on how they can migrate back to Australia.
Former permanent residents (i.e. used to hold a permanent visa that has since expired and was not cancelled) are often under the assumption that they have lost their permanent residency and will need to apply for a new Australian visa to migrate to Australia. However, this may not necessarily be the case! If you are a former permanent resident, you may be able to reinstate your permanent residency.
This depends on a range of criteria such as how long you’ve been in Australia, how long you’ve been outside Australia, your ties to Australia, why you left Australia etc.
In general, to qualify for ANY Resident Return visa, you must be:
- an Australian permanent resident OR
- a former Australian permanent resident whose last permanent visa was not cancelled OR
- a former Australian citizen who has lost or renounced your citizenship
The validity period of your Resident Return visa will depend upon your circumstances at the time that you lodge your application.
The Different Types of Resident Return Visas and Their Requirements
Five Year Resident Return Visa (Subclass 155)
- You must have spent at least two years of the last five years in Australia as a permanent resident or citizen
One Year Resident Return Visa (Subclass 155)
If you do not meet the above residence requirement for a 5 year visa, you may be eligible for a one year visa:
- You can show that you have substantial business, cultural, employment or personal ties that benefit Australia
- If you have been outside Australia for more than five continuous years since your permanent resident visa was granted (or since you ceased to be an Australian citizen), you must show that there was a compelling reason for your absence
Three Month Resident Return Visa (Subclass 157)
If you are not eligible for the 5 year or 1 year visa, you may be eligible for a 3-month visa if you meet the below requirements.
During the last five years, you must:
- have spent at least one day lawfully in Australia and
- have spent less than two years in the last five years in Australia
You must also:
- have been a permanent resident or Australian citizen for the entire period that you spent in Australia
- show that there is a compelling and compassionate reason for departing Australia
- show that there was a compelling and compassionate reason for your absence if you have been outside Australia for more than the last three months
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/resident-return-visa-155-157
I am a former permanent resident and currently outside Australia
If you are outside Australia AND you do not hold a permanent visa AND you were not a permanent resident or Australian citizen when you last left Australia, you must:
- have been an Australian permanent resident or citizen within the last 10 years
- be able to demonstrate substantial ties of benefit to Australia
- show compelling reasons for your absence (if you have been absent from Australia for 5 years or more)
If you are outside Australia AND you do not hold a permanent visa AND were not a permanent resident when you last left Australia AND you were a permanent resident more than 10 years ago:
- This is a more complex case, and you may need to travel to Australia first on another visa, such as a visitor visa, and then lodge your resident return visa while you are in Australia.
- If you are inside Australia at the time of your resident return visa application, you must show substantial ties of benefit to Australia and compelling reasons for your absence (if you have been absent from Australia for 5 years or more)
What are substantial ties of benefit to Australia?
Substantial ties of benefit fall into 4 categories:
- Business ties: company reports defining your role and authority, business transactions. partnership or joint venture agreements, contracts showing your signature, business or personal records, etc
- Cultural ties: publications written by you, contracts, evidence of membership of cultural associations, newspaper articles about you, programs listing your artistic or cultural performances, etc
- Employment ties: employment contracts, recent official documents such as group certificates, employee identification or security pass, etc
- Personal ties: Long-term utility bills, banks statements, school enrolments & records, travel records, proof of residence of a family home, property purchase documents, moving receipts, family members in Australia etc.
What are examples of compelling reasons for absence?
Some common examples of compelling reasons for absence:
- severe illness or death of an overseas family member
- work or study commitments that you or your partner have
- you are living overseas with an Australian citizen partner
- you or a family member has been receiving medical treatment which prevents travel
Everyone’s situation is different, and we recommend you seek professional advice, especially if your circumstances are complex.
Contact Migration Affairs for more information on your eligibility for a resident return visa.
