Is 155 RRV 2 year rule strict

[sanctuary18]

Hi all,

Would anyone know whether, when looking to apply for the 155 Return Resident Visa, the requirement of staying in Australia for 2 of your 5 years on your PR visa is strict?

I have spent 699 days in Australia, so not quite hitting the 730 days requirement. Would that be acceptable enough or does it need to be exact numbers?

My PR visa doesn't expire until November this year but I'm not sure if we'll be ready to permanently move back over again by then (which is our future plan).

Many thanks

 

[Aussiebird]

Hi,

Firstly, how long have you been away from Australia now?

From what i have read on here, its 2 years and are strict on that. 

 

[sanctuary18]

Hi,

I've been out of the country for 22 months now. 

I know the immigration website says 2 years but just wondered if anyone had any experience of not meeting the time requirement by as many days as I have and still went ahead and applied for the visa.

I'm not sure what to do next really

[paulhand]

The 2 years is in the law. If you have spent 730+ days in Australia in the previous 5 years, you are granted a 5 year RRV. If less, you can still be granted a one year RRV if you demonstrate substantial ties to Australia, which are of benefit to Australia. 

If you come back for the last 30 or so days that will make things much easier. 

[BRIGHTNESS786]

Hi, if I have not been in Australia that long, as we moved permanently in September 2018, and came back to the UK in December to sort out the house.

I was due to go back to Australia in the first week of February, but due to mum's unforseen illness I extended my ticket to March. And our pr visa expires on the 6th March 2019, which was initially granted back in 2014.

Now my husband's worried we may not the right to stay, and be illegal citizens!.

But I'm of the understanding that in the future if we are to leave Australia for holiday, or for whatever other reason as we both do have elderly parents. We would need to have a rrv visa in place. A 155 rrv is a five year visa and a 157 rev a three year visa.

And also have substantial ties in place. Or apply once we have stayed continuously for two years.

Is this correct, and how strict are they in regards to substantial ties? 

Any suggestions,or comments regarding this matter would be welcomed. Thank you.

[Marisawright]

If you are still in the UK after 6th March 2019, you will not be allowed to enter Australia.  Your PR will be expired. You'll be stuck in the UK until you can get a RRV, which could take several months. 

I suggest getting your application in right now, even if you plan to return before 6th March.  

You won't get the automatic 5-year RRV because you haven't lived in Australia long enough.  However, if you have already established a home and jobs there,, those count as "substantial ties" so you should be able to get a one year RRV (but that's all).   

When that RRV expires, you will need to apply for another one to allow you to leave and enter Australia, and so on until you meet the 2 year residency (after which time you'll be able to get a 5 year one).

   

Edited February 23, 2019 by Marisawright

[BRIGHTNESS786]

Thanks for your prompt reply, now I'm worried to apply now because I'm worried we will be refused as we don't have any substantial ties as recommended and suggested on the diac website.

Unless a rented property, my husband been working, three children in local schools, two in high school and one in primary, would be considered substantial?!!?..

I have not found myself a job and I was the main visa applicant as skilled migrant. 

Would applying not be too risky and run the risk of being refused any future visa? 

This prospect would be tragic especially with us all liking what Australia has to offer, and not to mention all the hard work, study, cost etc it has taken over the years to get to Australia.

[Marisawright]

2 hours ago, BRIGHTNESS786 said:

Thanks for your prompt reply, now I'm worried to apply now because I'm worried we will be refused as we don't have any substantial ties as recommended and suggested on the diac website.

Unless a rented property, my husband been working, three children in local schools, two in high school and one in primary, would be considered substantial?!!?..

I have not found myself a job and I was the main visa applicant as skilled migrant. 

Ah, I see the misunderstanding.

It doesn't matter which one of you was the main applicant, that's in the past. Once you arrived in Australia, each one of you got a full PR visa in your own right.  It wouldn't even matter if you got divorced now, your husband and your children would still keep their PR.  

You're the only one with a problem, because if you leave it till after 6th March, you won't be able to get home to your children.  So either get on the plane or get your application in!

It doesn't matter whether your home is owned or rented, the fact that you've established a home in Australia and that your husband and children are living there, does mean you have "strong ties".   So it's not likely you'd have any trouble getting a one year RRV which will be enough time for you to get back to them.

It would be wise for your husband and children to apply for a RRV too, just in case there is another family emergency and you need to go overseas.