The Resident Return visa enables you to regain or keep your status.
All non-citizens need a visa which allows them to enter and remain in Australia.
You cannot apply for this particular visa if:
You were issued among the following records which still remains valid now:
An Authority To Return (ATR) between 30 October 1979 and 1 March 1976, or
A Return Sanction (RE) between 1 November 1979 and 31 December 1986.
These records still ought to be valid now if:
They’ve not been cancelled
They have not been stopped by the grant of another visa
you have returned to Australia within 3 years of each departure
you have not become an Australian Citizen.
You are sent a notice regarding the possible cancellation of your most recent permanent visa under section 134 of the Act and no cancellation decision has been taken.
Your most recent permanent visa was cancelled under section 134 of the Act and the cancellation conclusion is not set by the Administrative Appeals Tribunal.
You may be able if you should be to be granted this visa:
an Australian permanent resident
a former Australian permanent resident whose last permanent visa had not been cancelled
A former Australian citizen who lost or renounced your citizenship.
A ‘former Australian permanent resident’ includes anyone who was recognised as a permanent resident under the migration arrangements that employed at time they were in Australia.
Subclass 155 Resident Return visa
You might be able to be granted this visa
Have spent a period totalling two years in the past five years as citizen or an Australian permanent resident (the ‘residence requirement’).
Have not spent two of the last five years as a permanent resident or citizen in Australia, but can fill the processing officer that you have considerable business, cultural, employment or personal ties of advantage and:
Are lodging while in Australia and can show convincing reasons for any continuous absence from Australia of over five years;
Are lodging while overseas, were a permanent resident or citizen when you last departed Australia and can show convincing reasons for any constant absence of more than five years from Australia;
Are staying while overseas, were citizen or a permanent resident in the last ten years and can show convincing reasons for lack(s) over five years;
Prerequisites for considerable ties of gain to Australia
Business ties: If you are claiming business ties with Australia, you will need to provide proof of the ties and they are of advantage to Australia. You will have to prove you have considerable ownership interests in the business and are involved at a senior grade in the day to day operations and direction of the business that. The business activity needs to be ongoing, routine activity that has an intention to make a profit, is commercial in nature and has a system of record keeping and management that substantiates the business activity asserted.
Ethnic ties: There are a range of religious, sporting or intellectual, artistic pursuits that are not strictly of an employment or business nature but may be thought of as a cultural tie to Australia. Oftentimes it’s not unlikely that the reasons asserted as cultural ties would not be inconsistent with the foundation for the grant of your original visa that is permanent. If you are claiming ethnic ties, you may have to supply evidence your function is adding to Australia’s cultural life. This can include publications you’ve got written, your membership of cultural associations, any media articles about you or evidence of your performances.
Employment ties: To demonstrate you have employment ties to Australia, you must show that you are currently employed, or have a formal offer of employment in Australia, or are employed abroad by an Australian organisation, or can show your employment by a non-Australian organisation has a demonstrable advantage to Australia, for example, working as a representative of Australia for an international organisation.
Personal ties: Large personal ties may be of benefit to Australia if you happen to be, or have been, a participating member of the Australian community and economy. Residing abroad with an Australian citizen associate or living in Australia for a substantial period of time is taken into consideration. Evidence of personal assets or family could also help illustrate personal ties in case you are competent to reveal both of them are considerable and of advantage to Australia.
Subclass 157 Resident Return visa
You might be able to be granted this visa
Have lawfully spent a minumum of one day in the past five years
Journey facility
You have lived in Australia for at least two years of the previous five years and are granted a Subclass 155 Resident Return visa if it’ll have a five year travel facility from date of grant.
In case you are granted a Subclass 155 Resident Return visa because you are a relative of someone who holds a Subclass 155, or who has also applied for Resident Return Visa and meets criteria for grant, in that case your travel facility will be for either per year or under a year from date of grant.
If you’re granted a Subclass 155 Resident Return visa on the basis of your substantial ties of gain to Australia, in that case your travel facility will be from the date of the grant for a year.
Have been an Australian citizen or a permanent resident for the whole interval spent in Australia
Can reveal a compassionate and compelling reason for having to leave Australia or, if you are outside Australia, for leaving when you did
If you have been living outside Australia for over three continuous months immediately before applying, you must also show that you were absent for a compelling and compassionate motive.
The travel facility will be for 3 months from date of grant if you are allowed a Subclass 157 visa.
