Login / Join
Australian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
- Font size: Larger Smaller
- Hits: 19081
- 54 Comments
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
-
Sunday, 20 October 2019Hi there, I have just renew my RVV 155 but I don't think the result will be out before my travel date back to Australia (in 1.5 month time), what can I do to speed up the process? Would I be able to enter on tourist visa if my RVV is not in time? What are my options?
-
Monday, 21 October 2019
Hello ,
You can try your luck in getting a tourist visa. But you cannot work in Australia on a tourist visa. When did your visa get expired and what evidences you have provided to support your application? -
Sunday, 03 November 2019
I HAVE COMPLETED MY CPA FROM THE THE INSTITUTE OF CERTIFIED PUBLIC ACCOUNTS AUSTRALIA WHILST IN DUBAI AND I AM CURRENTLY A MEMBER OF THE SAME. I DO ATTEND THE EVENTS CONDUCTED BY THEIR CHAPTER WHILE I AM IN DUBAI. WOULD THIS QUALIFY AS A PROOF OF EVIDENCE OF SUBSTANTIAL TIES WITH AUSTRALIA. I HAVE ALREADY DONE MY FIRST LANDING AND HAVE STAYED IN AUSTRALIA FOR 10 DAYS
-
Friday, 08 November 2019
I got my PR in JUne 2013 and finally moved to australia in 4vJune 2018.as my Travel facility expired on 11 June. I have been permanently settled here since then.In August i applied for a RRV 155 and was granted a 1 year facility which expired on 29 October and I have jusr reapplied for another RRV 155 as i am still not fullfilling 2 year residency requirement .so what are my chances to getting an RRV again. I have kids going to school and my wife is studing here all are on RRV 155 with travel conditions expired on 29 October.
So my questions are: what are the changes i would get an RRV again probably 1 year and second one is : if my RRV application refused would that effect my PR -
Sunday, 17 November 2019
Stay there in Australia until 11th June 2020 and you will qualify for 155 to get 5 years RR extension which u get in 5 working days.
-
Saturday, 09 November 2019
Hi There
My name is Janaka . I am a former PR holder and I stayed there in Australia for few weeks. I had to return to my home country due to some family situations with my parents. I got my first RRV for three months and I applied for the second before the expiry of the first one. I did not go to Australia during my first RRV. what are the chances of getting the second RRV? -
Monday, 23 December 2019
Hi Janaka what about your RRV? Is it granted
-
Sunday, 17 November 2019
How soon you have to travel to Australia upon getting RRV?
-
Friday, 22 November 2019
Hello Halim,
I hope you can help me out. My last RRV expired in April 2014 (I wasn't fullfilling 2years out of 5years residency in the last RRV period) and now I am applying my new RRV (from outside Australia) on 3 Oct 2019 and am still on Application Recived status. The reason I was away from Aus until now is that My Australian citizen husband had been working in overseas and we moved here as a family (with Australian child). How long dose it take them to start processing my case? My child will start school early next year and I need to be with them. Is there any chance to get processing priorities in this case? -
Monday, 09 December 2019
Hello Y,
I have applied my RRV on 11 Oct 2019 and got approved for 1 year 155 right after 6 weeks, since you are applying as dependent and it's already been more than 6 weeks for your application I am assuming you must have already got the RRV by now. -
Saturday, 04 January 2020
Hello
My PR was expired in 2018 and i was not fulfilled the criteria 2 years out of 5 years but only couple of months left! My husband is Australia citizen and he is working overseas and i am with him.
I submitted my RRV application in Dec and booked a ticket to Sydney in Feb. may i know how long my RRV to be granted or i can apply the travel visa instead? Please advise!
Regards
Esther -
Sunday, 19 January 2020
Do you need to have 6 months left on rrv 155 to travel. Our rrv ends next Feb but we travel in Nov this year returning before rrv expires. Will that be acceptable or do we need to renew
-
Wednesday, 19 February 2020
Hello All, 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 soon to Australia. I did my landing in 2005. So I am seriously thinking to let it expire and apply for RRV when I am finally ready to move permanently when situation allows.
Can anyone advice.... -
Monday, 02 March 2020
Hi Riz, I got PR in 2013, did initial entry, moved back due to parents health, expired in 2018, applied RRV in 2019 March, no update so far...
My advise, don't let it expire... -
Tuesday, 03 March 2020
Hi Riz, Call your case officer if assigned one else call immigration department and check why it's taking so long, my case was same like yours, I got PR in Jan 2014, came Sydney in June 2014 ans stayed here 1 years, then returned to UAE and was there until Oct 2019 and yes my PR was expired in Feb 2019, applied RRV in Oct 2019 on business tie up and got RRV in 6 weeks, now I am back to Sydney.
Let me know if you have any question. -
Wednesday, 04 March 2020
Hi Halim
My PR didnt get expired, it will expire in July 2020...
Issue is that due to current situation due to my parents I wont be able to move permanently any time sooner...So I am.wondering how could I extend it further...or apply RRV after expiry? What r chances to get RRV after expiry?
I cant leave my parents alone, as they are quite old and dependent on me...
Same time dont want to lose PR.
I want to see what options I have....will buying a property or lets say starting some kind of business help me? I want to move permanently once I am am ready... -
Tuesday, 03 March 2020
Hi FH,
Wow that's almost 1 year....thats long....
Did you apply through lawyer?
Are there any chances to get RRV after expiry of PR while still outside? -
Tuesday, 03 March 2020
Hi Riz, yes applied RRV via mara agent, I heard ppl getting RRV after PR travel expiry, PR never expires, only travel rights on PR expire...
-
Wednesday, 04 March 2020
Hi FH
You are right PR never expires.
But if travel facility expires you cant go to Australia. Thats what I am kind of hoping to get RRV. As I wont be able to move permanently any time soon because of my parents. I talked to a lawyer recently and he said if you have ties which are beneficial to Australia...You have high chances of getting RRV. But it will be totally dependent on case officer...So kind of worried....
Immigration blog
hi Greg
What was your time frame? Within how many weeks did you get your decision.
Rgds
MI