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Resident Return Visa - substantial ties


laf

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Hi. I've recently moved permanently to Australia under my Permanent Resident 100 visa.  It was issued in November 2018 meaning if I want to leave the country (for holidays) after this time I will need to apply for a Resident Return Visa 155.  Could anyone let me know what wording and documents to provide for "evidence of substantial ties to Australia".  My husband and two adult children are citizens so I presume mention them and attach their birth certificates and citizen by descent certificates. Is there anything else they're looking for other than saying they are the reason I want to live here.  I presume property purchase and employment is relevant? 

The "help" states "you have indicated that you do not meet the residence requirement for this visa".  Help - I do not know why! 

Edited by laf
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3 hours ago, laf said:

Is this only because I haven't yet attached the documents?

No … but it’s not possible to answer your question without the context of where you are seeing that.  If you haven’t lived in Australia for 2 years, then you will need to show that you have “substantial personal, business, employment or cultural ties to Australia, which are of benefit to Australia”. Based on what you have said, you should be able to do this. You would get a one year visa. 

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15 hours ago, laf said:

Hi. I've recently moved permanently to Australia under my Permanent Resident 100 visa.  It was issued in November 2018 meaning if I want to leave the country (for holidays) after this time I will need to apply for a Resident Return Visa 155.  ...

The "help" states "you have indicated that you do not meet the residence requirement for this visa".  Help - I do not know why! 

Because you don't.  To meet the residency requirements, you must have lived in Australia for at least 2 years out of the last 5 years. 

If you met the residency requirement, you'd get a RRV automatically and your supporting evidence wouldn't matter.  In your case, you can still get a RRV, but it's not automatic.  Whether you get one will be at the discretion of the department, and your supporting evidence becomes vital.

In your case, since you can prove that you've moved permanently and you are married to a citizen, it's very unlikely you'll be rejected.  However you'll be waiting a while for the decision since it's not just a rubber stamp, so don't plan any holidays until you get it.  

If you're at all worried, you could ask Paul (who answered your question) for a quote to do the application for you, just to be on the safe side. It may not cost as much as you think.

Edited by Marisawright
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Thank you Paul and Marisa. Does this mean that unless I stay put in Australia for five years I'll have to apply for RRVs annually for five years until I can apply to become a citizen? I didn't realise an annual holiday was going to involve so much hassle and expense.

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2 hours ago, laf said:

Thank you Paul and Marisa. Does this mean that unless I stay put in Australia for five years I'll have to apply for RRVs annually for five years until I can apply to become a citizen? I didn't realise an annual holiday was going to involve so much hassle and expense.

No, you'll need one year visas until you have spent a cumulative 2 years in Australia, after which time you will be eligible for a 5 year RRV. This should take you to citizenship.

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7 hours ago, laf said:

Thank you Paul and Marisa. Does this mean that unless I stay put in Australia for five years I'll have to apply for RRVs annually for five years until I can apply to become a citizen? I didn't realise an annual holiday was going to involve so much hassle and expense.

You have to bear in mind that the migration system is designed for the average person, who is itching to get their visa grant, and as soon as it arrives, they move to Australia without delay.  Those people won't need another RRV until 5 years later, and might even get their citizenship before they even have to think about a RRV. 

It's bad luck that in your case, circumstances prevented you moving, and that's what's created the extra expense and hassle for you.

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  • 7 months later...
On 04/03/2023 at 12:13, rtritudr said:

Assuming the OP has entered Australia at least once since the 100 visa was issued, any time spent living overseas since that entry may still count towards citizenship due to the fact that their spouse is an Australian citizen.

That's great news, thank you. I guess I will need to phone.

I am over 60 so is the Over 60 Citizenship Visa of any advantage to me over the standard citizenship visa (other than not having to take the test)?  I will still need to apply for RRVs until then.

Edited by laf
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