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Resident Return Visas are at record high processing times
Whilst becoming a permanent resident allows you or your client to remain in Australia indefinitely, travel facility (i.e. ability to travel in and out of Australia) is generally limited to five years.
The purpose of resident return visa (RRV) arrangement is to allow certain people who are or have been permanent residents or citizens of Australia to travel internationally and return to Australia as permanent residents.
To support this, RRV arrangements:
- facilitate the re-entry into Australia of non-citizen permanent residents, former permanent residents and former citizens
- help ensure that only those applicants who have a genuine commitment to residing in Australia, or who are contributing to Australia’s well-being, retain the eligibility to return to Australia as permanent residents.
Applicants who can meet the residency requirement are granted further five-year visa permitting them to travel outside and return to Australia. These types of applications according to the Department of Home Affairs website are processed within three working days. According to Policy Advice Manual (which is not available to general public) over 80% of applicants fall within this category.
For those unlucky 20%, who are unable to meet the residency requirement, applicants are required to demonstrate substantial ties to Australia. These may include business, cultural and/or personal ties to Australia.
The issue at hand is that applications that do not meet the residency requirement are taking up to 68 days to process (again, according to the latest processing times published by the Department of Home Affairs). However, some cases are taking close to six months to be assessed which causes practical issues for those needing to depart Australia.
Substantial ties:
The substantial ties of benefit to Australia provision recognises that people’s lives change over time. In a mobile world, the provision recognises that people do spend time in other parts of the world for both personal and business reasons. However, factors such as the experience, skills and international contacts and reputation that people are developing while overseas and will bring back when they resettle in Australia, and the benefit this will bring into the future are also relevant considerations.
The benefits that accrue from Australia’s migration program vary depending on the visa stream. When assessing substantial ties of benefit to Australia for the purpose of an RRV application, Home Affairs will consider the following factors:
- Business visas recognise that the intention of the visa holder was to conduct or promote their business interests in Australia. Such activity does not necessarily require the business owner to live in Australia provided the applicant has an active and significant role in the business. For example if the business is actively trading in Australia there would be evidence of this as well as evidence of regular visits to or contact with the business or its interests in Australia.
- Family stream visas recognise the value of the family relationship of the visa holder. In the context of close family relationship visas such as the partner visa, the intention is to allow the family unit to live together. Therefore, a subsequent decision by an applicant to live overseas with their Australian citizen partner is the type of decision a reasonable person would generally make. Such a situation should be given considerable weight when deciding RRV applications, because their Australian citizen partner has an automatic right of entry to Australia.
- Skill stream visas recognise the holder has skills that are needed in Australia. It is a reasonable expectation that such applicants would have moved to Australia during the validity of their initial visa. If they have not yet resided in Australia, they should be able to demonstrate an imminent intention to domicile in Australia. It also needs to be recognised that if applicants have lived and worked in Australia, a benefit to Australia should have been realised from their migration. For example, it is not unreasonable that such people, who have already lived and worked in Australia, would seek to further enhance their skills and experience in the global market.
In general, it becomes increasingly difficult to demonstrate substantial ties of benefit over extended periods of absence. This is in part because the longer the period of absence the more difficult it is to continue to maintain ties of sufficient import to be considered ‘substantial’.
Solution?
Unfortunately, there is no immediate solution in sight to have your RRV application processed faster. It appears to be very unlikely that processing times will improve anytime soon. If you or your client applied for RRV whilst in Australia, you or your client are therefore also entitled to a Bridging Visa A. Bridging Visa A is granted automatically in most situations where an application for eligible substantial visa has been lodged. Where applicant is in Australia and is seeking a Resident Return visa (either subclass 155 or subclass 157), they are able to lodge paper based application for a Bridging Visa A. The reason that a separate form is needed to apply for the BVA in this situation is that the application for the RRV is made on Form 1085, and this form is not one of the approved forms that is listed in the legislative instrument made under Regulation 2.07A. At the same time, an applicant may also lodge a paper based application for a Bridging Visa B. The applications will therefore be processed in sequential order (Bridging Visa A granted in the first instance, followed by Bridging Visa B). This will allow an applicant to depart and return to Australia whilst their RRV is processing.
Final thoughts:
Given the lengthy processing times it is advisable to lodge fully documented decision ready RRV’s at least 4 months prior to expiry of the visa application in circumstances where residency requirements are not being met. This should hopefully save some from the headache of having to readjust their travel plans.
Comments
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Wednesday, 20 February 2019Hi My last trip to Australia was in June 2015 and I do not meet the 2 years out of 5 years requirement so I'm hoping I can apply for a one year RRV visa (My last one year RRV had expired). If my compelling reasons were I was transferred by my employer to work in the US after two years in Australia, my spouse and two children are Australian citizen (currently in US with me, studying and working) and I've a property in Australia, would this suffice the authority? How long would be the visa processing take for this kind of situation? Thank you for your help.
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Thursday, 05 December 2019
Hi, I have not fulfilled the 2 years minimum stay to qualify for the automatic RRV. In fact less than 1 year but my wife and kids have been here longer. My wife works here and my kids,go to school here. I want to apply for a RRV as well as Bridging Visa A and B..to enable me to deoart abd return legally, so how do I go about this joint process..? Thank You
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Wednesday, 20 February 2019
Hello YC,
Looks to be a good RRV application for 1 year visa. If you are planning to travel back to Australia you can apply with all sufficient evidence which will help you to get the RRV. Normally it is taking 3 months time these days for this application. -
Monday, 01 April 2019
have applied for RRV onshore recently. (having spent less than 2 years (though close to 2 years but less by couple of weeks) in Australia. have to travel overseas for urgent reasons.
my family members have 5 years rrv valid but my RRV application is being processed.
have strong ties with australia (as i have job, kid goes to school, we have a property(though in spouse's name) and provided all the required details. do you know how long the application could take -
Monday, 04 November 2019
My mother in law have contributory parent visa 143 but she only stayed 1.5 years in australia out of the 5 would that affect her getting RRV??
Thank you -
Friday, 03 May 2019
Hello, Could you please let me know, how long it took for you to get the VISA. I am also in similar situation and need to travel overseas.
Please help -
Sunday, 07 April 2019
Hi Please advise whether the department consider the position of applicant so existing at the time of lodging application or at the time of deciding application.
to clarify, an applicant has not completed two years in five years and he lodges rrv while onshore and goes off shore before the decision is made on said application.
your advice will be of great help. -
Monday, 03 June 2019
I'm in the same situation in that I'm looking to travel to Aus, apply rrv onshore and travel abroad before the potential 3 month processing time, would you mind sharing any additional info you find on this question please?
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Sunday, 05 May 2019
Hi we left Aus in December 17 because of work. We would like to return, are we too late to RrV or would it still be considered?
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Monday, 03 June 2019
The RRV will considered based on your circumstances and evidences you have with you. contact me on dilip@futureinaustralia.com and will check if you have options to apply for RRV
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Thursday, 13 June 2019
Hi. My Permanent visa expires in September and I have lived in Australia 2 out of 5 years and I am resident at the moment. My family have lived 4 years and they have applied for citizenship. Can I apply for citizenship too because of my family bond here or I should apply for RRV?
If I apply for return visa do I need to live in Australia another 4 out of 5 years from RRV grant date? -
Thursday, 27 June 2019
Hi, i got (Independnt Skill migrant )RRV back in 2017, nd the visa was expired in 2018 , never been in Australia in this period, even before that i had spend only a week/5 years in Australia.
is there any way i could apply again for RRV, ??
Regards,
Amjad -
Saturday, 29 June 2019
I got my PR in 2006.Moved to India in 2008.
Due to some family and health issues have to stay in India.Discuss with my Lawyer in Australia and applied for RRV in Jan 2019 with reasons why not in Australia for these years.Given full history records from 2008 till now.
Will I get RRV I want to bring my family with me if I get RRV. -
Thursday, 01 August 2019
Hi Nayyar,
Kindly plz keep posted of your outcome. Im also in same situation. I got my PR in 2006 and then had personal issues. I want to apply now. -
Thursday, 11 July 2019
Hi Mr. Nayyar
Just wanted to know the outcome of ur RRV application as I have been in the same situation and want to apply for RRV.
Thanks & regards -
Friday, 12 July 2019
Till now i am waiting spoken with Immigration department they ask to wait.
I applied in Jan 2019,so my lawyer also saying 6 - 9 months wait.
As department is full of applications and are taking time for complex cases. -
Wednesday, 19 February 2020
Hello DNayyar, I am in similar situation like yourself. I got my PR is 2015 and it will expire in July 2020. However due to health of my parents I won't be able to move any time sooner. So I am seriously thinking to let it expire and apply for RRV when I am finally ready to move permanently when situation allows.
What was your experience from RRV, was there any positive feedback? -
Sunday, 07 July 2019
I have been granted a 12 month RRV as I didn’t fulfil the criteria for the 5 year RRV. How much time do I need to be resident in Australia to be granted another RRV.
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Wednesday, 19 February 2020
I didnt granted as mine was delay of more than10 years.
Plz apply soon.
Apply thrrough my friend
Jim seth in perth u can find him on facebook
Immigration blog
Thank you so much for good information! Great site