# Queries on Resident Return Visa (RRV)



## sriram (Oct 30, 2011)

Hi All,

This is Sriram. I am a new member of the forum and would like to have some clarifications regarding RRV visa. 

I have been holding Permanent Resident (PR) visa since Jan'07 which is due to expire in Jan'12. I have been out of Australia since Feb'07 working in India for almost 5 yrs and would like to return to Australia in Mar-Apr'12. 

I would like to pursue new job opportunities in Australia with my experience and would like to know if am eligible to apply for RRV. But me not holding a job in Australia at present, will this be a hindrance in applying for a RRV since the clause for RRV requires us to provide compelling reasons for our departure from Australia for such a long period of time as well as substantial evidence of employment in Australia.

I would like to know if I can apply for RRV visa and after returning to Australia can look for employment opportunities.Hope someone could provide some valuable inputs/ clarifications to my queries.

Moreover can I travel to Australia with my PR before it is due to expire without any return visa.

Really appreciate if someone could be of help in this matter


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## SarahM (Feb 8, 2011)

Hi,

You're in a tough spot and the easiest option for you would be to return to Australia before your PR expires. You can return without a RRV as long as you return before the expiry date.

If you really can't get back be Jan 12, you need a RRV.
You are obviously not eligible for the 5 year RRV, for that you have to have lived in Australia for at least 2 out of 5 years. You may however be able to get a 3 month RRV:
_- You must have spent at least one day in the last five years in Australia as a permanent resident or an Australian citizen
and
- You must provide evidence of compelling and compassionate reasons for your departure_
Five Year Resident Return Visa (Subclass 155) (go to the bottom of the page to see the 3 month RRV)

Unfortunately if you cannot prove that you had compelling and compassionate reasons for leaving, you won't have much chance. In this case you should really come back before Jan 12 and stay long enough to be able to apply for a RRV next time you leave, or, if you don't want to leave, apply for citizenship.


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## bma (Sep 28, 2011)

sriram said:


> Hi All,
> 
> This is Sriram. I am a new member of the forum and would like to have some clarifications regarding RRV visa.
> 
> ...


Hi Sriram,
I am in the similar situation as you are, my PR visa expires in February 2012. I'm not in Australia at the moment, but unlike you I had been living and working in Australia, but less than 2 years. I was planning to return to Australia at the end of next year.
Besides checking many forum posts I've spoken to a registered migration agent about my situation. Unless you prove "substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia", you won't get RRV. I've been told these ties are not easy to prove, especially when one is outside Australia.
And that is kind of logical; there are new and new visa holders coming to Australia every day, we're supposed to be there and use our visas and not stay abroad. Use it or loose it.
That is why I've changed my original plans and I'm moving back to Australia permanently before my PR visa expires.
Kind greetings,
BMA


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## gaby (Feb 22, 2012)

Hello,
I will be very thankful for any advice I can get regarding Resident Return Visa question below. 
I was granted a PR class BQ , subclass 139 in may 2007(which expires in may 2012), but did not spend 2 of the last 5 years in Australia(I stayed only 4 month) due to work abroad(in Romania), in a position of management. I will return to Australia next week for a period of two month and I am intending to apply for a 5 years RRV, once I enter the country. However, it is possible that it will be declined as I did not stay in Australia for 2 out of last 5 years and my reasons may not be seen as compassionate and compelling enough.
My strong ties to Australia is my mother(who has a new RRV) and my cousin. Do you think that is enough to get a RRV?
Thank you for reading and any help is greatly appreciated!
Gabriel


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## Cezzy84 (Aug 8, 2011)

gaby said:


> Hello,
> I will be very thankful for any advice I can get regarding Resident Return Visa question below.
> I was granted a PR class BQ , subclass 139 in may 2007(which expires in may 2012), but did not spend 2 of the last 5 years in Australia(I stayed only 4 month) due to work abroad(in Romania), in a position of management. I will return to Australia next week for a period of two month and I am intending to apply for a 5 years RRV, once I enter the country. However, it is possible that it will be declined as I did not stay in Australia for 2 out of last 5 years and my reasons may not be seen as compassionate and compelling enough.
> My strong ties to Australia is my mother(who has a new RRV) and my cousin. Do you think that is enough to get a RRV?
> ...


Hi,

I can't post website links yet, but try googling "what's new for resident return visas" and read the top article from immi.gov.au

it looks like they've shortened the RRV to 1 year where you havent lived in Oz for 2 years


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## gaby (Feb 22, 2012)

Thank you Cezzy for your answer,
I'm interresting more in the fact that I'm immediate family member of a Resident Return visa holder. I don't know if this is enough to get the visa? See below:
Length of visa Criteria 
Five year visa You must have spent two of the last five years in Australia. 
One year visa (for applicants in Australia) You must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia; and if you have been absent from Australia for more than five continuous years since the grant of your most recent permanent visa, you must provide evidence of compelling reasons for your absence over five years. 
One year visa (for applicants outside Australia) If your last departure from Australia was as a permanent resident or Australian citizen: 
•you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
•if you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years.
If your last departure from Australia was not as an Australian permanent resident or Australian citizen: 
•you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
•you must have been an Australian citizen, or an Australian permanent resident, less than 10 years before the application
and
•if you have been absent from Australia for a total period of more than five years since last departing as an Australian citizen or Australian permanent resident you must provide evidence of compelling reasons for your absence.

Member of a family unit – until expiry of the present visa holder You are the immediate family member of a Resident Return visa holder.


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## Cezzy84 (Aug 8, 2011)

No idea to be honest, I would've thought that you would be able to get a 1 year visa with proof of strong ties.


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