Visitor visas

The type of vistor visa you can apply for generally depends on two basic factors namely your citizenship and purpose for which you are visiting Australia. Impetus Lawyers will guide you through the various types and advise on the right one to apply for.

Resident Return Visa Application

Are you a current or former Australian Permanent Resident with an expired or expiring travel period? A successful Resident Return Visa Application allows you to travel abroad and maintain your permanent residence status on your return to Australia. Similarly, if you are a former Australian Citizen, the Resident Return Visa allows you to return to Australia as a Permanent Resident.

Australian Citizens are the only people who have automatic right of entry to Australia. All other persons are required to hold a visa, including Australian Permanent Residents. Permanent Residents can remain in Australia indefinitely, however if they wish to travel they must ensure that they have a valid travel facility attached to their visa. If a Permanent Resident chooses to travel without a valid travel facility, they run the risk of losing their Permanent Residency status.

Resident Return Visa Application

Resident Return Visas (RRV) are designed for current Australian Permanent Residents who wish to travel overseas whilst maintaining their Australian Permanent Resident status. The RRV’s also allow former Australian Permanent Residents and former Australian citizens (who have lost or renounced their Australian citizenship) an opportunity to return to Australia and regain permanent resident status. Applications can be submitted onshore or offshore, however if an Applicant applies offshore, they must be offshore when a decision is made.

There are two main subclasses of Resident Return Visas being the subclass 155 and the subclass 157. Each visa subclass is distinguished by relevant criteria, and in turn determines the length of the travel facility granted. A Resident Return Visa can provide a 5 year, one year or 3 month travel facility from the date of grant, allowing travel within that period only. Once the visa expires, a new Resident Return Visa application will need to be granted prior to travelling.

RRV Subclass 155

Certain criteria which must be satisfied at the time a person makes an application for an RRV. These criteria includes, but is not limited to, an eligible applicant (Australian Permanent Resident, former Permanent Resident or former citizen) showing that they have spent a period of at least two years in the last five years in Australia, or who can at least show that they have substantial ties of benefit to Australia if they have not been absent from Australia for more than 5 years. Substantial ties of benefit to Australia can be displayed through business ties, cultural ties, employment ties or personal ties. If an Applicant has spent more than 5 years outside Australia, compelling reasons for absence must be provided.

For RRV Applicants who have been present in Australian for at least 2 years in the last 5 years, a grant of an RRV would likely come with a 5-year travel facility. For Applicants who have only been able to establish substantial ties to Australia, they would likely receive an RRV with a travel facility of 1 year from the date of grant. Finally, if a person is granted an RRV as they are a member of a family unit of a person granted a RRV subclass 155, they may be granted an RRV of one year or less.

RRV Subclass 157

Criteria which must be satisfied at the time of application for the subclass 157 RRV, requests the Applicant to have been lawfully present in Australia for at least a period between 1 day and 3 years, within the last 5 years before the application is made.

For RRV subclass 157 applicants who are granted a RRV, they will likely have a travel facility of 3 months from the date of grant.