The Return of the Resident

Resident Return Visas ("RRV") are not the sexiest topic in the migration world, but worth a quick look.

For those who don't know, this visa is for permanent residents overseas who are close to the expiry of their five-year return facility and thus, need another five years (or in some cases three months) to return to Australia.

There are two RRVs - the 157 (three month validity) and the 155 (5 year validity). The criteria vary but are, for obvious reasons, more strenuous on the 155.

Essentially, where a client is overseas and has not spent a required period in Australia they need to establish that they have substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia.

In a recent application, I have seen a very strict approach to what are considered "substantial" ties and whether or not they are of "benefit to Australia". The DIAC Policy document for this visa supports this view, saying the purposes of the visas are, “to facilitate the re-entry to Australia of non-citizen permanent residents and ensure that only those people who have a genuine commitment to residing in Australia, or are contributing to Australia’s well-being, retain the right to return to Australia and remain permanently.”

Where an applicant offshore is unsuccessful, their review rights are severely limited (they generally need relatives in Australia to be able to apply for review).

For this reason, it is vital to pay very close attention to the criteria and associated policy documentation. Don't assume that an RRV is a "given" because, depending on the case officer, you may be quite unpleasantly surprised!