A Resident Return Visa (sub-class 155 or sub-class 157) allows eligible permanent residents to leave and re-enter Australia while retaining their permanent residence status.
While Australian permanent residency itself does not automatically expire, it is important to understand that the right to travel and return to Australia is limited by the visa’s travel facility.
Permanent Residency and Travel Facilities
Most permanent visa are granted with a five-year travel facility, which allows visa holders to travel freely to and from Australia during that period.
Once the travel facility expires:
- Permanent resident status may continue; however
- The visa holder no longer has an automatic right to re-enter Australia after travelling overseas.
This distinction is commonly misunderstood and can result in significant difficulties for permanent residents who remain overseas for extended periods.
The 2-in-5-Year Rule Explained
To qualify for a five-year Resident Return Visa (sub-class 155), a permanent resident must generally demonstrate that they have spent at least 2 years (730 days) in Australia within the last five years as a permanent residence.
Where this requirement is met, overseas travel is unlikely to affect the person’s ability to return to Australia. If this requirement is not met, the application will be assessed on a discretionary basis, taking into account substantial ties to Australia.
When “Too Long” Becomes Problematic
For permanent residents who have been overseas for several years, the Department of Home Affairs will closely examine whether the applicant has substantial ties to Australia.
These may include:
- Ongoing employment or business connections in Australia
- Immediate family members permanently residing in Australia
- Property ownership or a long-term residence history
- Community, cultural, or personal commitments to Australia
The longer the period of absence, the more important it becomes to provide clear and persuasive evidence of these ties.
Long-Term Absence Does Not Automatically Mean Refusal
A common misconception is that spending too long outside Australia results in the automatic loss of permanent residency. This is not always the case.
Refusals often occur not because of time alone, but due to:
- Poor preparation of the application
- Missing, weak, or outdated evidence
- Failure to adequately explain the reasons for the absence
- Incorrect assumptions that approval is automatic
Well-prepared applications that clearly outline an applicant’s residence history and ongoing commitment to Australia can still succeed, even after lengthy periods overseas.
When Legal Assistance is Recommended
Applying for a Resident Return Visa (sub-class 155) can be straightforward, but it can become highly complex if you have spent significant time outside Australia. Legal guidance is particularly important when it may be difficult to demonstrate substantial ties or compelling reasons for your absence.
You may require legal assistance if:
- Less than two years in Australia in the past five years
- You will not automatically qualify for a five-year visa.
- You may only be granted a 1-year Resident Return Visa (sub-class 155) if substantial ties are demonstrated, or a 3-month Resident Return Visa (sub-class 157) if not.
- Absence from Australia for more than five years
- Applications typically require strong evidence of ongoing ties and a clear explanation for the absence.
- Recent permanent residency within 10 years but extended absence
- Demonstrating compelling reasons for your time overseas is essential to secure a travel facility.
In these situations, seeking legal advice early can significantly improve your chances of success and help avoid a refusal.
How W & G Lawyers Can Help
If you are planning to travel overseas, have already spent an extended period outside Australia, or are unsure whether your travel facility remains valid, early legal advice is critical.
At W & G Lawyers, we assist clients by:
- Reviewing residency history and travel timelines
- Advising on eligibility for Resident Return Visas
- Preparing strong legal submissions demonstrating substantial ties to Australia
- Assisting with refusals and review options where available
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Disclaimer
The article published by W & G Lawyers is intended to provide general information only and does not constitute legal advice on any subject matter. By accessing or reading this article, the reader acknowledges that no solicitor–client relationship is created between the reader and W & G Lawyers.
The content should not be relied upon as a substitute for obtaining legal advice from a qualified legal practitioner. Readers are encouraged to engage a lawyer to obtain advice tailored to their specific circumstances. You may contact our office or locate a solicitor through the Queensland Law Society online directory at https://www.youandthelaw.com.au/directory
This article does not take into account all potential future legislative amendments, regulatory changes, or developments in case law. Accordingly, the content may not reflect subsequent changes in the law and should not be relied upon as legal advice for any particular situation.
This article will not be updated after publication. Any subsequent developments in the law or legislative changes may be addressed in separate future publications.