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: 19082
- 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
-
Wednesday, 08 April 2020Hi Najeeb,
When did you apply RRV? Did your PR travel facility expired in Dec 2015? What was their reason for refusal? -
Wednesday, 25 March 2020
Hi everyone!
Im Emma. Im a former President Resident of Australia. My family moved back to the UK in 2008 and didn’t stay 2 of the 5 years. Now im of age, i want to return Jan 2021. I graduate this year in marketing. I plan to go to Oz next year. When is the appropriate time to apply for an RRV?
Thanks guys! -
Wednesday, 25 March 2020
Now is the time as waiting time is high as up to year depending upon cases and you have been out of OZ for 12 years so that too gonna be a problem as you will have to produce reasonable reason for that.
We get RRV either for 3 months or 1 year, if you get RRV for 1 year then you are safe to travel for Jan 2020 and even if you get RRV for 3 months just ask them for extension and give corona excuse, hope it works
Now is the time. -
Monday, 06 April 2020
Hi, I hope someone can share their experience. I was granted PR in August 2015 and currently residing overseas. I have planned to relocate to Australia in July 2020 before my travel facility expires in August 2020. I had booked my air tickets wayback in January before this Covid became a global event. I know I have not met the residency requirements but wondering if I can apply for RRV. The country im residing right now is in total lockdown and have cancelled all air travels until further notice. I would still want to pursue my original plan but. Im afraid that this covid will be extended that would not allow me to travel up to my travel facility expiration.
-
Tuesday, 07 April 2020
Hello Chris,
IF the travel ban is not cleared in your country by then , you can drag our your evidences and then apply for an RRV with a proper submission.
dilip -
Tuesday, 07 April 2020
Hi Chris
I am in the same situation. The travel facility on my PR expires in July 2020. Originally I was planning to travel back to Australua in June (after kids school). However now we are in total lockdown and I am not sure when and if I would be able travel before expiry of the TF.
Even if there were no lockdown, I would assume it is too risky to travel ( you cant maintain social distancing on a long haul fligts).
So I am staying put. However I am contemplating on applying RRV from now...But I am not sure....Other option is to let TF expire and apply RRV when finally I am ready to move (whenever that happens)..
Not sure what is the best approach considering these circumstances. What do you think? -
Wednesday, 08 April 2020
Hi Riz,
I'm contemplating to apply for RRV as early as now given the longer processing times and I would like to know my options as early as now as I need time to wind up my affairs. I do not want to lose my opportunity to migrate to Australia given that they are becoming stricter with requirements. However I
have 2 concerns about migration at this time if my TF will not be extended. 1. It is a very bad timing where a lot of people are grappling to keep their jobs while here I am quitting work purposely plus with recession I'm not sure how long it would take me to find employment in Australia. 2. As you are saying even if they lift the travel ban, from where I am located it will take me 40 hours of travelling just to reach Australia. So I have concerns travelling long haul exposing myself possibly to covid where i am safe and sound right now. Its quite a tough situation so I am hoping they will be considerate or covid will banish completely in the next couple of weeks -
Tuesday, 07 April 2020
Even after Australia's travel ban Citizens, PR and their immediate relatives can travel in.
Just hope that your countries allow you fly out and you should be good to be here in Australia. -
Wednesday, 15 April 2020
hi all,
just want to understand the eligibility criteria 2 years from the date of getting the PR of 2 years from the last 5 years cos i am in india for the past 3 and half years -
Wednesday, 17 June 2020
Hello world!
I'll be applying for RR (150) visa soon on the basis of continually living 2 years in Australia. To calculate 2 years time living in Australia, do I need to exclude any short durations spent outside Australia for work/vacation purposes (week or 2 weeks long trips abroad)?
Thanks
Shelly -
Wednesday, 24 June 2020
Hi All!
My PR has been expired last year July. I wanted to apply for RRV now. I am sending my wife and Kid to Australia (they have valid PR) and after their one month of stay in AUS i am gonna apply for RRV. Any idea how much is the processing time of RRV? -
Sunday, 05 July 2020
I have moved overseas with my children in 2013. My son is Australian citizen. I got RRV in 2015 till Aug 2020, but have not come to Australia since 2013. I planned to move permanently in June 2020 and had resigned my job overseas; but then COVID came.
Will I be able to get 1-year RRV based on my Australian citizen son. -
Saturday, 20 November 2021
Both my Malaysian passport and AUs rrv has expired just recently . I have been in Australia for the last 5 years . Will i be able to apply for rrv (which just expired) without a valid passport ?
Immigration blog
Hi,
My RRV visa 155 recently refused since I was applied from overseas. The reason might be my PR visa end in December 2015 and I did apply for RRV due to some family issue. On refusal they just give me 21 day to appeal in tribunal AAT merit review. Since I am offshore and travel restriction due to CRONA VIRUS Infection both visit visa and bridging visa is closed. I don't have substantial ties and how can i get RRV.