If you’re a permanent resident of Australia and your five-year travel facility has expired, you’ll need a Resident Return Visa (RRV) to maintain your status and re-enter the country.
The RRV (Subclass 155 or 157) is essential for permanent residents who want to travel internationally while retaining their residency. But what if you haven’t spent much time in Australia recently? Can you still get an RRV?
Yes—but only if you can demonstrate substantial ties to Australia and compelling reasons for your absence.
What Is the Residency Requirement?
To qualify for a five-year RRV, you generally need to have spent at least two years (730 days) in Australia in the last five years as a permanent resident or citizen.
If you haven’t met that requirement, your application can still be considered under an alternative pathway—Regulation 155.212(3)—which looks at the strength of your ties and reasons for being overseas.
When You Haven’t Met the Two-Year Rule
If the two-year presence requirement isn’t met, you must show:
- Substantial ties of benefit to Australia, and
- Compelling reasons for any continuous absence
Both must be clearly supported by evidence.
What Counts as Substantial Ties?
Substantial ties can fall into four categories:
- Personal ties: Family members in Australia, property ownership, or long-standing residence
- Employment ties: A current or prospective job in Australia
- Business ties: Ownership or management of a business contributing to Australia’s economy
- Cultural ties: Active involvement in community, religious, or cultural organisations
Example: A permanent resident who owns property in Australia and has a child enrolled in an Australian school may have sufficient personal and economic ties.
What Are Compelling Reasons for Absence?
Compelling reasons are serious circumstances that explain why you’ve been overseas. These might include:
- Caring for an ill relative
- Medical treatment abroad
- Work obligations
- COVID-related restrictions or delays
You’ll need to show that your absence was unavoidable or justifiable in the eyes of a reasonable person.
Applying From Outside Australia
You can apply for an RRV while outside Australia. However, if you don’t hold a valid RRV or travel facility, you won’t be able to return until your visa is granted. Offshore applications are assessed carefully, especially if you’ve spent little time in Australia.
What If the RRV Is Refused?
If your RRV is refused while you’re outside Australia, you usually can’t appeal to the Administrative Appeals Tribunal. If you’re in Australia at the time of the decision, you may have review rights. Either way, professional advice is recommended.
Final Word
If you haven’t met the residency requirement, you may still qualify for a Resident Return Visa. But the outcome depends on how well you demonstrate your substantial ties and explain any extended absence.
How Aurelia Legal Can Help
At Aurelia Legal, we help permanent residents build strong, evidence-based RRV applications. Our team can:
- Assess your eligibility
- Draft compelling submissions
- Organise supporting documents
- Advise on alternative visa strategies if needed
Get in touch at +61 3 9125 8820 or info@aurelialegal.com.au to speak with a migration lawyer today.
Disclaimer: This blog is for general information purposes only and does not constitute legal advice. For advice specific to your circumstances, consult a registered migration agent or legal practitioner.