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The eligibility rules for resident return visas vary according to how long the applicant has actually lived in Australia, how long they have spent outside Australia at the time they apply for the resident return visa, and whether they are inside or outside Australia at the time when they apply for the resident return visa.
Permanent residents who remain overseas for more than five years at a time may not be able to get another resident return visa. Such applicants must show that they have substantial business, cultural, employment or personal ties with Australia and that they have ‘compelling reasons’ for their absence, or they will lose their permanent residency.
Without a resident return visa they cannot re-enter Australia on a permanent visa, and if they are granted an alternate visa (for example, a visitor visa) in order to enter Australia, their permanent visa will cease to be in effect by operation of section 82 of the Migration Act.
A person who has lost their permanent residency and who is unable to qualify for a resident return visa and who wishes to return to live in Australia, will have to apply again to migrate. To succeed the applicant must meet all the relevant criteria for a permanent visa.
Unlike other visas, a person does not have to be ‘usually resident’ in Australia to be a permanent resident for the purposes of a resident return visa.
Applicants for the Resident Return subclass 155 visa who have spent less than two out of five years in Australia before making their application will be granted a visa valid for only one year.
Such applicants still have to meet the 'close ties to Australia' criteria. |
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