Resident Return Visas (RRV) Subclass 155/ Subclass 157/ Subclass 159 | What are the Differences?
Only Australian citizens have an automatic right of entry. Permanent Residents (PR), while entitled to reside in Australia indefinitely, must ensure they have the right to maintain their status and rights in Australia and re-enter the country after international travel. A Resident Return Visa (RRV) is a type of visa that allows PR to renew their Australia PR status.
Does my PR Expire? do I Need a Resident Return Visa (RRV)?
No, your PR does not expire. If you are a PR visa holder, you can remain in Australia indefinitely. However, your PR visa is only valid for entry into Australia for the first 5 years from the grant date. If you plan to travel outside Australia after this period, you must apply for a Resident Return Visa (RRV).
Here are some examples:
Travelling Post 5 Years: You are required to hold an RRV with a valid travel facility. If you wish to travel outside of Australia towards the end of the initial 5 year period, be sure to apply for an RRV.
Family Members: Any family members travelling with you will also need their own RRVs; separate applications must be submitted for each person.
Former Australian Citizens: If you lost or renounced your Australian citizenship, you will also require an RRV to return to Australia.
Authority to Return (ATR) or Return Endorsement (RE): If your passport contains an ATR or RE (issued for PR granted between 1 March 1976 and 31 December 1986), you do not need an RRV.
Why do I need a RRV? The Importance of Re-Entry Rights
When a PR is granted, it typically includes the right to multiple entries into Australia for up to 5 years. After the first 5 years, permanent residents must apply for a Resident Return visa to renew their re-entry rights if they plan to travel internationally.
I did not stay in Australia for 2 years. Can I still get a PR renewal?
To qualify for a RRV, applicants generally need to meet the following criteria:
Not holding a temporary or bridging visa.
Have lived in Australia lawfully and permanently for at least a period of 2 years within the last 5 years.
If you plan to travel outside Australia after your initial 5-year period, ensure you check your eligibility and apply for the RRV in a timely manner.
What are the types of Resident Return Visas (RRV)?
There are 3 types of Resident Return Visas (RRV):
Return Resident Visa (Subclass 155) (5-year return)
This is the most common and advantageous visa for permanent residents.
Depending on the applicant's circumstances, it allows re-entry to Australia for 1 year or up to 5 years.
Most PR holders will qualify for this visa, making it the preferred option for those wishing to travel.
Return Resident Visa (Subclass 157) (3 months return)
This visa is designed for permanent residents who cannot meet the requirements for Subclass 155 but have compelling reasons for international travel.
If granted, the Subclass 157 visa allows re-entry to Australia for a period of three months.
What if you cannot prove your PR status? What is RRV (subclass 159)?
Return Resident Visa (Subclass 159) (Provisional return)
This unique visa is available for individuals outside of Australia who cannot prove their status as permanent residents.
This situation typically arises for those who arrived before electronic records were implemented in 2015, leaving their status documented in paper records or manifests.
This type of visa can only apply offshore until the visa is granted.
The Subclass 159 visa enables the individual to enter and stay in Australia for 3
months, providing time to gather further documentation confirming their permanent residency status.
Applying for an RRV (Subclass 159) Visa
The process can be complex for individuals seeking a Subclass 159 visa due to the need for documentation. The visa applicants must provide evidence to support their claim of permanent residency, which may include:
A statutory declaration detailing the circumstances of their arrival and length of residence in Australia.
Tax assessments indicating financial ties to Australia.
Medicare enrollment records show health service access.
Bank statements that reflect financial activity in Australia.
Employment records to demonstrate work history.
School, academic, or training records that link them to the Australian education system etc.
Permanent residents should ensure they know their re-entry rights and maintain the documentation to facilitate a smooth return to Australia after their travels. Understanding the requirements and options for Resident Return visas is crucial for permanent residents wishing to travel internationally. While the Subclass 155 visa is the most common choice, the Subclass 157 and 159 visas provide alternatives for those with specific circumstances.
How Can Agape Henry Crux Help
If you doubt which RRV to apply as you are in a unique circumstance, contact Agape Henry Crux. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.