This question has been asked a lot: My current Australian permanent visa is valid for 5 years. Does it mean I lose my permanent residency after 5 years? Let us explore this question further.
According to S30 (1) of Migration ACT 1958, a permanent visa holder will be able to remain in Australia indefinitely. What expires in 5 years is the travel facility attached to the permanent residence status.
Recently, Longton Legal has assisted a client to successfully obtain a 12 month Resident Return Visa (‘RRV’). The last time the client departed Australia holding a permanent residence visa was 9 years ago. And he was granted a sc600 tourist visa to travel to Australia 4 years ago.
Travel validity will vary depending on different circumstances.
If the applicant has lived in Australia for 2 years in the last 5 years immediately before the time of application as a permanent resident or former citizen,he applicant will be granted a 5-year RRV.
When the 2 out of 5 years requirement is not satisfied, but the applicant has not been absent from Australia for 5 years continually -and the applicant was an Australian permanent resident or Australia citizen when last departed Australia - the applicant may be granted a Subclass 155 RRV with a 1 year travel authority, if the applicant can prove essential ties to Australia.
In circumstances when the absence is more than 5 years, the applicant may still be eligible for a 12 months RRV. This requires the applicant to prove compelling reasons for the absence, in addition to the establishment of substantive ties to Australia.
Meanwhile, the applicant will meet the requirements and be granted a 12 months RRV only because the applicant is a member of a family unit of a person who holds RRV or is eligible for RRV for the reasons discussed above.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice beforetaking any course of action.*
Registered Migration Agent
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