Your permanent visa is not that permanent in Australia…
The Department of Home Affairs recently published a reminder to all Australian permanent residents, urging them to check their visa details before travelling overseas, to avoid being stranded outside of Australia.
In particular, to return to Australia as a permanent visa holder, you must have a valid travel facility linked to your visa. Without a valid travel facility on your visa, you will not be able to return to Australia as a permanent resident and risk being stranded outside Australia.
Are you confused about the travel rights associated with your permanent visa and how this may affect your ability to maintain permanent residence in Australia? In this blog post, we answer some commonly asked questions to help more permanent residents in Australia understand the terms and conditions of the permanent visa they may hold.
Can my permanent visa expire?
While all permanent visas allow a permanent visa holder to remain in Australian indefinitely on a permanent basis, i.e. as a permanent resident of Australia, they generally only come with a 5-year multiple-entry travel facility. This means that while permanent visa holders are able to travel in and of Australia and return as a permanent resident during the first five (5) years of their permanent visa, if they travel out of Australia after the 5-year travel facility on their permanent visa expires, they will not be able to return to Australia on that same permanent visa.
Additionally, if you are outside of Australia when your travel facility has expired, your permanent visa would generally have ceased (i.e. expired), and you will be technically become a former permanent resident as opposed to still being a permanent resident of Australia.
This is why we always remind all our clients that while your permanent visa technically allows you to remain as a permanent resident, in practical terms, it is not that permanent where you intend to travel in and out of Australia after the grant of your permanent visa.
How do I maintain my permanent residency in Australia and avoid the expiry of my permanent visa?
To maintain ongoing permanent residency in Australia, all permanent residents in Australia who wish to travel out of Australia and return outside of their 5-year travel facility should apply for a Resident Return visa, which is another permanent visa which will generally come with a new travel facility.
It is generally recommended that you await the grant of your Resident Return visa prior to your departure from Australia, so as to ensure your right of return to Australia as a permanent residence.
Persons who have spent at least 2 out of the last 5 years in Australia as an Australian citizen or permanent resident, at the time of application, will generally be eligible for the grant of a Resident Return visa with a 5-year travel facility, amongst other requirements.
Persons who have spent less than 2 out of the last 5 years in Australia as an Australian citizen or permanent resident, at the time of application, may be eligible for the grant of a Resident Return visa with a 1-year travel facility, provided they are able to demonstrate substantial ties of business, cultural, employment and/or personal ties to Australia, amongst other requirements.
Simply put, all Australian permanent residents should spend as much time in Australia as possible to maintain their permanent residency in Australia. In particular, extended periods of absence from Australia may result in either the loss of permanent residency or increased difficulties in the grant of a Resident Return visa in the future.
On the other hand, Australian citizens do not need to meet any residence requirement to continue maintaining Australian citizenship, although Australian permanent residents will still need to meet separate residence requirements to be eligible for the approval of their application for Australian citizenship.
What happens if my permanent visa expires when I am outside of Australia?
If you are outside of Australia after the travel facility on your permanent visa expires, you may have technically lost your permanent residency status and would no longer have a guaranteed right of return to Australia as a permanent resident. Nonetheless, you may still be able to apply for a Resident Return visa as a former permanent resident, and if and once your Resident Return visa is granted, you would regain your status as an Australian permanent resident. Note: This does not apply to a former Australian permanent resident whose most recent permanent visa was cancelled.
As outlined above, persons who have spent at least 2 out of the last 5 years in Australia as an Australian citizen or permanent resident, at the time of application, will generally be eligible for the grant of a Resident Return visa with a 5-year travel facility, amongst other requirements. Persons who have spent less than 2 out of the last 5 years in Australia as an Australian citizen or permanent resident, at the time of application, may be eligible for the grant of a Resident Return visa with a 1-year travel facility, provided they are able to demonstrate substantial ties of business, cultural, employment and/or personal ties to Australia, amongst other requirements.
On the other hand, persons who have been absent from Australia for a continuous period of five (5) years or more immediately before applying for a Resident Return visa must demonstrate that:
there are compelling reasons for the person’s absence from Australia; and
the person either holds a permanent visa, last departed Australia as an Australian permanent resident/ Australian citizen who subsequently lost or renounced Australian citizenship;
or
the person was an Australian permanent resident/ citizen less than 10 years before applying for the Resident Return visa, and has not been absent for a period of, or periods that total more than five (5) years from the date that the person last departed Australia as an Australian permanent resident/ citizen to the date of the Resident Return visa application; and
there are compelling reasons for the person’s absence from Australia.
Additionally, persons applying for a Resident Return visa may face difficulties in the grant of a Resident Return visa where they have issues demonstrating their satisfaction of other requirements such as the character requirement, e.g. where they have a criminal history, and their application may be referred to the Visa Applicant Character Consideration Unit (VACCU) of the Department of Home Affairs.
Where can I get help with my Resident Return visa application?
Our immigration lawyers at Inclusive Migration have extensive experience in advising on and assisting with complex Resident Return visa applications, including in cases where a current or former permanent resident has been absent from Australia for an extended period of time, and where they may face character issues. Should you wish to discuss your eligibility for a Resident Return visa, please email info@inclusivemigration.com.au or submit an enquiry using the contact form on our website.
