IMMIGRATION
Resident return visa must
not be taken for granted
HOLDERS of permanent resident
visa sometimes commit the
mistake where, because they
have been granted permanent
resident in Australia, they can
travel overseas any time without
getting a visa.
If the original grant of permanent
residence was more than five years, a
resident return visa (RRV) is required before
travel as it can impact on their return to
Australia or when they apply for Australian
citizenship.
Recently, a permanent visa holder
who travelled to Manila was questioned
on his return to Australia as he travelled
to the Philippines without applying for a
resident return visa noting that the original
permanent visa granted to him was more
than five years.
Luckily, he was allowed entry but was
required to apply for RRV within 30 days
from arrival.
In a situation cited, it is suggested that
the permanent resident holder will apply
on-line with the Department of Home
08
By ATTY. JESSIE ICAO
Practising Solicitor
Affairs (formerly called Department of
Immigration and Border Protection) for RRV
and attach to the application the following
documents: (a) valid passport (b) Australian
Federal Police (AFP) certificate not more
than one year old from the date of issue (c)
passport picture and (d) pay the filing fee
of $365.
An applicant who applies for subclass
155 will be granted a 5 year resident return
visa.
If subclass 157 visa is applied, the
applicant is granted 3 months.
The law further requires that the
applicant is lawfully present in Australia for
a total period of two years of the five years
before making the application.
What if the applicant resided overseas
most of the time?
MARCH 2018 | AK NewsMagazine, Vol 8 No 6
It is still possible to apply for RRV
provided the applicant can satisfy the
decision maker that the applicant’s being
overseas was for a reason.
For example, the applicant has
substantial business, cultural, employment
in that country but has personal ties with
Australia which are of benefit to Australia.
In other words, it is still possible for
the applicant to apply for a resident return
visa even if overseas for two years but not
absent for a continuous period of five years.
For example, the applicant has to stay
overseas because of job commitment or
in that country as he has business interest
which requires his presence.
These would constitute compelling
reasons which would justify grant of the
visa and should be brought to the attention
of the Department. n
JESSIE ICAO is a practising solicitor
in the State of New South Wales and
registered migration agent since 1993
(MARN 9367993). He is admitted as a
lawyer in the Philippines.
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