December 18, 2017

Got Permanent Residency Visa for Australia? Know Limitations on International Travel Facility!

Australia has long been the desired destination for immigrants all across the world.

Since 1945, when the first federal immigration portfolio was announced, more than 10 million people have settled in this beautiful country.

The country allows aspiring permanent residents get entry via any of the following programs-

Once Australian permanent residency is granted, an immigrant becomes eligible for almost all the benefits provided to a citizen in the country. These include:

Right to live and study on a permanent basis
Freedom to work & travel
Social security benefits and healthcare entitlement
Privilege to sponsor eligible family members for permanent residence
Opportunity to become eligible for Australian citizenship after fulfilling the required criteria

However, often immigrants with permanent residency, fail to realise that their visa also comes with an expiry date for international travel facility.

Yes, an expiry date for travel!

All the permanent residents are given with an ‘international travel facility’, which is basically a liberty to depart from and re-enter Australia at any given time. This travel facility is valid for 5 years only starting from the date of visa grant. Even though one is entitled to remain in Australia after the expiry date, it is mandatory to meet the residence requirement or demonstrate close ties to the country to maintain a permanent resident status.

What to do to maintain a Permanent Resident status?

Apply for Resident Return Visa (RRV) (Subclass 155 and 157)

A Resident Return Visa is applied when the travel facility on the current visa has expired or is about to expire in order to re-enter the country. It is a permanent visa specifically designed for current or former Australian permanent residents and former citizen. On the basis of situation, 155 visa is valid for either 5 years or 1 year while 157 visa is valid for 3 months.

Eligibility Requirements

For 5-Year 155 Resident Return Visa

This visa requires an applicant to have spent at least 2 out of the 5 years’ period of international travel facility in Australia. It is not mandatory to show two consecutive years of residence. One can accumulate this period over the 5-year period followed by the application lodgement.

Must Read – Australian Citizenship Reforms 18th October 2017

Note: The time spent on temporary or bridging visa should not be counted for fulfilling 2 year criteria for this visa.

For 1 Year 155 Resident Return Visa

If an applicant cannot meet the 2 of the last 5-year residence requirement, a 12-month resident visa is the best option to apply. However, one must be able to demonstrate of:

Being physically present in Australia for not less than 2 years during the 5-year period from the day visa is lodged
Not being absent for a continuous period of 5 years or more since the grant of permanent residency visa
Holding a permanent residency visa or departing Australia previously as a permanent resident or citizen.
Having a cultural, business, employment or personal ties to Australia

Employment Ties are demonstrated– If the applicant is currently employed or hold a formal employment in Australia or is employed outside of Australia by an Australian organisation or a non-Australian organisation that benefits Australia.
Business Ties are demonstrated– If the applicant is involved in the management of business but do not require physical residence in Australia. And the activity is on-going, profitable in nature and have a record keeping system that supports the business activity.
Cultural Ties are demonstrated– If the applicant commences any creative, intellectual, sporting or religious pursuits that are contributing to Australia’s cultural life.
Personal Ties are demonstrated– If the applicant is or has been participating member of Australian community and economy and their ties are both substantial and of benefit to Australia.

Eligibility Requirements for 157 Visa

To get eligible for this visa, an applicant must have:

Spent at least one day lawfully in the period of 5 years in Australia
Been a permanent resident or a citizen for the entire period spent in Australia
Evidence of a compelling and empathetic reason for departure

If the applicant has never been in Australia for a continuous period of 5 years or since the grant of visa is given with an option to show a compelling reason behind the same and apply for the visa.

Some examples include:

Work or study obligations
Severe illness or death of an overseas family member
Natural disaster
Legal proceedings including sale of property or vowed obligations
Other significant personal events like waiting for a year to let a child complete their education

How We Can Help?

Getting and maintaining permanent residency visa is a process that demands extreme precision. Our willingness to meet the precise needs and achieve the outcome that the client desire, make us one of the leading consultancies in the immigration industry.

From listing out the most suitable options to lodging an accurate application in the given time, our immigration consultants make sure that the requirements are met accurately.