What does it mean as Substantial Ties? | Resident Return Visa (RRV)
A Resident Return Visa (RRV) (Subclass 155) allows current and former permanent residents and former citizens of Australia to travel abroad and return to Australia as permanent residents (PR). To be eligible for another five-year travel facility with an RRV, applicants are typically required to spend two years in Australia as a permanent resident (PR) within the five years preceding their application.
To successfully apply for an RRV (Subclass 155) based on substantial ties, it is essential to provide comprehensive evidence in various categories. The Department of Home Affairs evaluates these ties as a whole, taking into account how they benefit Australia and demonstrate your commitment to residing there.
When would you need to prove your substantial ties to Australia?
If this residency requirement is not met, you may still be eligible for an RRV based on “substantial ties to Australia that are of benefit to Australia.”
This requirement aims to retain migrants who demonstrate a genuine commitment to living in Australia and contribute positively to the community. The Department of Home Affairs evaluates substantial ties through four categories:
1. Business Ties
Individuals engaged in business activities may demonstrate substantial ties if they have significant ownership interests and are actively involved in management. Key factors include:
Ongoing Business Activity: Must be commercial, intended to make a profit, and have a record-keeping system.
Connection to Australia: The business should be an Australian entity or a branch with ties to Australia.
Contribution to Australia: This includes creating jobs, generating revenue, enhancing international links, producing quality goods, and introducing new technologies.
Evidence may include business registration documents, tax assessments, and contracts.
2. Cultural Ties
Cultural ties encompass involvement in intellectual, artistic, sporting, or religious activities. Stronger ties are indicated by professional-level engagement or public recognition. Examples include:
Membership in a cultural community and active involvement.
Professional participation in the arts.
Membership in a religious community.
Involvement in sports as an athlete or supporting staff.
3. Employment Ties
Employment in Australia is a significant indicator of substantial ties. This can include:
Current Employment: Holding a job in Australia may be a strong tie.
Employment Offer: An offer of employment can also demonstrate intent to reside in Australia. Factors considered include:
Relevance to qualifications and experience.
Timeline for starting the position.
Arrangements for living in Australia (e.g., accommodation, school enrolment for children).
Employment with Australian organizations or government bodies or in positions representing Australia abroad can also count toward this tie.
4. Personal Ties
Personal ties reflect participation in the Australian community and the enrichment of others’ lives. Important factors include:
Family Connections: Close family members who are Australian citizens or permanent residents are committed to family unity.
Examples include living outside Australia with an Australian partner or children.
Long-Term Residence: A history of living in Australia, particularly during formative years or upon obtaining a permanent visa, strengthens personal ties.
Assets in Australia: Owning property or personal assets can also indicate ties to the country.
The Department assesses an applicant’s overall circumstances to determine if they view Australia as their home and intend to reside permanently.
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How Can Agape Henry Crux Help
If you are having an issue with showing evidence of your substantial ties to Australia for your RRV, 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.