# Return resident 155/157



## kumar capri (Oct 14, 2017)

Hi Guys,

I have a tricky question about Return resident visa (RRV) subclass 155/157 for which I could not find an answer in any of the earlier threads or posts.

*Given that I satisfy all requirements for an RRV, and having applied for an RRV already, Could I leave the country before it is granted?*

The DIBP have showed us that they have the whip. Not only have they increased the price of an RRV from last year, they have also increased the processing time from 1-2 days to a ridiculous uncertain 3 weeks. So we are essentially paying them more money for taking more time and doing less work. Who in the real world can demand something like that?

So with this drama happening, I do not think that I would be granted an RRV, before my travel date (i applied more than 2 weeks ago). But I am hoping that it would be granted while I am away (3 weeks) and I would have it before I return back to work and Life in Australia. I rang DIBP to check. They said I can do it and it wont affect me. But I am sure the one I spoke with is just a customer service person and would not give me anything more than a verbal confirmation. I do not want to risk it as my wife and daughter's PR are hanging in the air based on mine and any risk from my part would put their future in jeopardy.

I am wondering if any of our forum friends have faced a similar situation and can definitely say that leaving the country without an RRV being granted is a safe option.

Any response would be appreciated. Please share what you may know. Thank you friends.

kumar


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## Ramah (Apr 25, 2017)

According to the DIBP website:

"If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia.

You can apply for the visa outside Australia, but it must be granted before you enter Australia."

If you've already applied onshore then it would seem like you would have to have it granted before you leave.


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## kumar capri (Oct 14, 2017)

Ramah said:


> According to the DIBP website:
> 
> "If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia.
> 
> ...


Yes, from the sound of it, it suggests that It must be granted. But on the 155/157 Resident return home page, it also says
" *Departing Australia without a RRV may impact your permanent residency requirements for citizenship*",

and adding to what you have posted

"_If you are in Australia and the travel facility on your current visa has, or is, about to expire, you need to apply for, and be granted, an RRV before you leave Australia_.*You can apply for the visa outside Australia, but it must be granted before you enter Australia*."

Also _*"If you do travel outside Australia after the travel facility on the visa ends, the visa will end when you leave Australia. So it is best to apply for another Resident Return visa before you leave Australia. You can also apply from overseas."*_

which appears to me as if I could leave but it may or may not affect my residency during citizenship and I could still leave the country. There seem to be no other repercussions. Still sounds tricky

What is your opinion on this one? please share


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## kumar capri (Oct 14, 2017)

Has anyone in this forum left the country before being granted an RRV? please share your experience if you have. Thank you


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## Ramah (Apr 25, 2017)

kumar capri said:


> Yes, from the sound of it, it suggests that It must be granted. But on the 155/157 Resident return home page, it also says
> " *Departing Australia without a RRV may impact your permanent residency requirements for citizenship*",
> 
> and adding to what you have posted
> ...


Yes but you have already applied for the RRV, right? And you applied onshore?

So according to all of that, you have to wait onshore for it to be granted by the sounds of it.

It says you can apply offshore and then you would have to wait for it to be granted before entering again.

If your travel facility expires whilst you are offshore, again you can apply offshore and wait for the grant.

But since you applied onshore, it would seem from everything which both you and I have posted from the DIBP that you would have to wait for it to be granted before leaving.

That's my understanding of it.

Maybe you could give them a call to see how the process is going for your application?


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## sukhmaniimmi (Oct 15, 2017)

kumar capri said:


> Hi Guys,
> 
> I have a tricky question about Return resident visa (RRV) subclass 155/157 for which I could not find an answer in any of the earlier threads or posts.
> 
> ...


Assuming that you satisfy all the conditions for grant of 155 visa the shortest answer to your question is Yes.

Based on immi legislation, one of the circumstances for grant of 155 visa are:

"If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant."


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## Mania (Sep 7, 2016)

^ S2 155.412 & 157.412 directly clashes with the advice given on immigrations website, always fun huh.

The question then becomes "whose missed what".


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## sukhmaniimmi (Oct 15, 2017)

Mania said:


> ^ S2 155.412 & 157.412 directly clashes with the advice given on immigrations website, always fun huh.
> 
> The question then becomes "whose missed what".


Well that is why there are RMAs around


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## al_ghazal (Nov 19, 2016)

kumar capri said:


> Has anyone in this forum left the country before being granted an RRV? please share your experience if you have. Thank you


Here's a quote from a migration agent who replied to a similiar question about RRV posted on this forum earlier in the year.



Jeremy Hooper said:


> You don't need to wait for approval as lodging in Australia means you can be granted either in or outside Australia. If the application refused then you can apply again.
> 
> The only reason why it would be refused is that you have not provided enough evidence of you ties to Australia.


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## Mania (Sep 7, 2016)

sukhmaniimmi said:


> Well that is why there are RMAs around


I guess my point there was when someone acts on what is written on Immis website without consulting an RMA. The next question that can be asked is what else is wrong and on what visas, - we know that mistakes are there but how many applicants don't, hell I didn't even know RMA's existed until I got to Australia.


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## sukhmaniimmi (Oct 15, 2017)

Well Mania you made a reference about sch2 in your post. Does that mean you?re an RMA/Lawyer?


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## Mania (Sep 7, 2016)

sukhmaniimmi said:


> Well Mania you made a reference about sch2 in your post. Does that mean you?re an RMA/Lawyer?


Nope, just a visa applicant that came here, learnt and hopefully regurgitates more good advice then bad. Call it a hobby, legislation has always interested me 

I tend to be the pain in the ass that opens bigger kettles of fish with small interjections hoping that someone will explain them more in depth so I can learn more from it &#128514;


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## kumar capri (Oct 14, 2017)

sukhmaniimmi said:


> Assuming that you satisfy all the conditions for grant of 155 visa the shortest answer to your question is Yes.
> 
> Based on immi legislation, one of the circumstances for grant of 155 visa are:
> 
> "If the application is made in Australia, the applicant may be in or outside Australia, but not in immigration clearance, at the time of grant."


Hi,

That is some valuable information you have provided. Could you please direct me towards a link which would have detailed information regarding that legislation. Thank you for your help. Much appreciate your time


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## kumar capri (Oct 14, 2017)

*Called DIBP to Confirm*

Hi Guys,
Just to add to the previous posts, I rang DIBP twice on different occassions to confirm whether i can leave the country while before RRV is granted, they told me that i could and it wont cancel my PR. Somehow something does not seem to add up. I have 4 more days before I can travel. hopefully this should get sorted out soon.

I'll try and speak with an Immigration lawyer and see if there is some info he has.

Much appreciate all your valuable comments and thoughts. I'll update if I get some solid info. Hopefully this thread will help someone in the future.

Good job guys!

Kumar


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## A&M (Jun 6, 2017)

Guess you are also waiting for your RRV because of DIBP's long delay....

I lodged my application since 18 Sep and am yet to hear anything from DIBP except the multiple email notifications about my successful logins.

I am due to travel on 22 Oct and my last resort to return to Australia would be get an ETA (which is not really a substantive visa, so it presumably should not supersede my permanent residency / RRV application).


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## kumar capri (Oct 14, 2017)

al_ghazal said:


> Here's a quote from a migration agent who replied to a similiar question about RRV posted on this forum earlier in the year.


Thank you. that was very useful. Much appreciate your reply


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## kumar capri (Oct 14, 2017)

A&M said:


> Guess you are also waiting for your RRV because of DIBP's long delay....
> 
> I lodged my application since 18 Sep and am yet to hear anything from DIBP except the multiple email notifications about my successful logins.
> 
> I am due to travel on 22 Oct and my last resort to return to Australia would be get an ETA (which is not really a substantive visa, so it presumably should not supersede my permanent residency / RRV application).


Definitely mate, I am in similar situation. Contemplating about leaving before the grant if it does not affect my PR. I am travelling on the 20th of OCT. Applied at the end of September. Do you have any confirmation from any lawyer who would clarify. I called immigration twice to be told that I could leave before grant of RRV. I am very sceptical as my wife and daughter's PR are hanging in the air based on my PR and I do not want to ruin all the effort of having come this far.


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## A&M (Jun 6, 2017)

I totally understand your concern mate. I have checked with Mark Northam on this forum whether an ETA would replace my permanent residency, so it may not seem to be a direct response to your concern.

http://www.australiaforum.com/visas-immigration/49513-ask-mark-1371.html#post1696498

You may want to double check with Mark specifically?

Let me know how you go?


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## kumar capri (Oct 14, 2017)

A&M said:


> I totally understand your concern mate. I have checked with Mark Northam on this forum whether an ETA would replace my permanent residency, so it may not seem to be a direct response to your concern.
> 
> http://www.australiaforum.com/visas-immigration/49513-ask-mark-1371.html#post1696498
> 
> ...


Cheers! bro. Good luck with your RRV as well. keep us posted. Ill post back if I get any confirmation or info from anyone.

Have a good one!!


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## A&M (Jun 6, 2017)

Renewing Permanent Residency - 155 & 157 Resident Return Visas | My Access Australia

Hope this agent's comment helps

_



Lay
October 2, 2017 at 5:35 pm
Dear Peng,
My husband lodged his RRV subclass 155 in 5/9. Todate the status on his application is still "to be assessed". He has to leave Australia in a few days for work matters. Will his leaving affect the processing of his RRV? I suppose he will have to wait till his RRV be approved to return. Am I correct? Thank you in advance.

Peng Cheng Post author
October 4, 2017 at 10:14 pm
Hi Lay,
He can be outside of Australia when the application is decided.
He does need a valid visa to return to Australia.
PC

Click to expand...

_


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## kumar capri (Oct 14, 2017)

A&M said:


> Renewing Permanent Residency - 155 & 157 Resident Return Visas | My Access Australia
> 
> Hope this agent's comment helps


A&M thanks bro. I spoke with a Lawyer and he is saying the same thing too. That We could leave, provided we get the RRV Granted before we enter the country again. I am also looking out for any other info in other forums like yourself. Will re-post it here so that anyone else in the future might benefit from it. Thanks for all your patient responses. Good on ya mate!


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## A&M (Jun 6, 2017)

kumar capri said:


> A&M thanks bro. I spoke with a Lawyer and he is saying the same thing too. That We could leave, provided we get the RRV Granted before we enter the country again. I am also looking out for any other info in other forums like yourself. Will re-post it here so that anyone else in the future might benefit from it. Thanks for all your patient responses. Good on ya mate!


Hi Kumar, my visa application has just been granted today, which took me 30 days (lodged on 18 Sep), which is in line with what the IMMI website says:


> Applications that do not meet the residence requirement generally take *up to 30 days from date of lodgement to finalise*.


All the best with your application!


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## kumar capri (Oct 14, 2017)

A&M said:


> Hi Kumar, my visa application has just been granted today, which took me 30 days (lodged on 18 Sep), which is in line with what the IMMI website says:
> 
> All the best with your application!


Mate, that is great news. I am very happy for you. Thank you very much for coming back and updating. this would definitely benefit a lot of us. 30 days huh!! they should clearly say that on the website so that we are not left in the dark. Anyway, your information was very useful. Cheers bro!


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## kumar capri (Oct 14, 2017)

kumar capri said:


> Mate, that is great news. I am very happy for you. Thank you very much for coming back and updating. this would definitely benefit a lot of us. 30 days huh!! they should clearly say that on the website so that we are not left in the dark. Anyway, your information was very useful. Cheers bro!


Mate, I got mine granted too...


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## A&M (Jun 6, 2017)

kumar capri said:


> Mate, I got mine granted too...


Beautiful! Thanks for all the information you have shared mate.


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## yuchun (Nov 8, 2017)

Hi Kumar_Capri

I have the exact same situation that you and A&M faced. My RRV expired today and i'm still waiting for the 155 renewal that i submitted two weeks ago. I am leaving Australia this weekend. 

Did you manage to get your renewal while you're out of Australia? or you managed to get it in time before leaving Aust? Any advise for me?

thanks!


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## Angel_liz (Nov 13, 2017)

yuchun said:


> Hi Kumar_Capri
> 
> I have the exact same situation that you and A&M faced. My RRV expired today and i'm still waiting for the 155 renewal that i submitted two weeks ago. I am leaving Australia this weekend.
> 
> ...


Hi Yuchun,

I am in the same situation as you, and it appears we might have lodged our applications on or around the same time. I lodged mine on 26 October 2017 and the travel component of my PR expired on 09 November 2017. I am travelling overseas next Monday (20th November).

I have been checking my Immi account and my status still hasn't changed from Received. I phoned the department of immigration last week and they said I need to be patient coz the processing times are about 18 days. If this is correct, then I should expect my RRV to be granted any time from next Tuesday while I am travelling. They also said it should be fine to travel, but I have to wait for it to be granted before returning. I have met the requirement of staying in the country for 2 out of 5 years, so I have been quite puzzled as to why they are taking so long????? I also have a pending citizenship application which was on hold until October, while the government and opposition were debating about the stupid new laws they wanted to introduce for citizenship applications. To date, that application status also remains as Received. It is so annoying, to say the least...okay, rant over!

Please do keep me posted on how your RRV 155 application goes?


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## yuchun (Nov 8, 2017)

Angel_liz said:


> Hi Yuchun,
> 
> I am in the same situation as you, and it appears we might have lodged our applications on or around the same time. I lodged mine on 26 October 2017 and the travel component of my PR expired on 09 November 2017. I am travelling overseas next Monday (20th November).
> 
> ...


Hi Angel

Similar situation except i don't satisfy the 2/5 years unfortunately. And i've also left Australia as i understand that you can be off-shore when immi issues the grant - just that you need to wait for it before returning back in. The other thing you might want to check is how if affects your citizenship. I recall reading that exiting the country without valid RRV impacts citizenship application.

I haven't gotten mine yet, but will let you know when i do. Likewise please do the same?


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## Angel_liz (Nov 13, 2017)

yuchun said:


> Hi Angel
> 
> Similar situation except i don't satisfy the 2/5 years unfortunately. And i've also left Australia as i understand that you can be off-shore when immi issues the grant - just that you need to wait for it before returning back in. The other thing you might want to check is how if affects your citizenship. I recall reading that exiting the country without valid RRV impacts citizenship application.
> 
> I haven't gotten mine yet, but will let you know when i do. Likewise please do the same?


Hi Yuchun,

Thanks for your response. I did check about how the RRV affects citizenship, and I am under the impression that it shouldn't. However, as previously stated, you have to wait until the RRV is granted before returning. Have you already applied for your citizenship? I applied for mine in May this year. Maybe the impact on citizenship would be in a case when one hasn't already applied for citizenship?

When are you due to return to Australia? I am supposed to return on 2nd January. I will let you know when I get mine too.

Regards,

Angel.


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## Angel_liz (Nov 13, 2017)

Hi Yuchun (and anyone else who might still be waiting for their RRV),

For those of us who lodged applications in October, I have just seen on the DIBP website the processing times have been updated today!!! It's now as follows:

*Stream 75 percent of 90 percent of 
applications processed applications processed*

155 7 Days 31 Days

157 Unavailable due to low Unavailable due to low 
volume of applications volume of applications

Last updated 16 November 2017 (for month ending 31 October)

That takes me to around 8th December 2017 for my application, and not 21st November 2017 as I was initially anticipating.

Hope that helps shed some light for those who are anxiously waiting too.

Cheers, 
Angel_liz.


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## yuchun (Nov 8, 2017)

Angel_liz said:


> Hi Yuchun (and anyone else who might still be waiting for their RRV),
> 
> For those of us who lodged applications in October, I have just seen on the DIBP website the processing times have been updated today!!! It's now as follows:
> 
> ...


Thanks for the update Angel.
Guess there's nothing we can do now, but wait!


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## yuchun (Nov 8, 2017)

yuchun said:


> Thanks for the update Angel.
> Guess there's nothing we can do now, but wait!


Hi Angel

Any update on your RRV? I remember you saying that you applied it on 26th Oct, hence you should be getting yours by today?

I'm still waiting for mine.


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## Angel_liz (Nov 13, 2017)

yuchun said:


> Hi Angel
> 
> Any update on your RRV? I remember you saying that you applied it on 26th Oct, hence you should be getting yours by today?
> 
> I'm still waiting for mine.


Hi Yuchun,

Yes, I applied for it on 26th October. Haven't heard anything yet, but based on the timeline they gave of 31 days (working days, weekends not included), that should be on or around 8th December.


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## Angel_liz (Nov 13, 2017)

Hi Yuchun,

My RRV has been granted today  Now I can enjoy the rest of my holiday in peace.

All the best as you continue to wait for yours, and hope you get it soon too. Please let me know when you get it.

Cheers,

Angel_liz


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## yuchun (Nov 8, 2017)

Angel_liz said:


> Hi Yuchun,
> 
> My RRV has been granted today  Now I can enjoy the rest of my holiday in peace.
> 
> ...


Hi!

Mine just got granted today! What a relief! Phew!

Have fun and enjoy your holiday!


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## Angel_liz (Nov 13, 2017)

yuchun said:


> Hi!
> 
> Mine just got granted today! What a relief! Phew!
> 
> Have fun and enjoy your holiday!


That's great news  Happy for you too.


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