Temporary Work (Short Stay Specialist) - Subclass 400 Visa
The Resident Return visa allows permanent residents of Australia to return to Australia after travelling overseas. A permanent resident visa allows the visa holder to remain in Australia indefinitely, and to travel to Australia from overseas for up to five years from the date that the visa was granted. Following this, the permanent resident is required to obtain a Resident Return visa if they wish to return to Australia after a period of overseas travel.
VISA REQUIREMENTS
Note: These are the minimum requirements for an application for this type of visa. Depending upon your particular circumstances, you may need to meet additional requirements.
General
In order to qualify for ANY Resident Return visa, you must be:
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An Australian permanent resident OR
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a former Australian permanent resident whose last permanent visa was not cancelled OR
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a former Australian citizen who has lost or renounced your citizenship
The validity period of your Resident Return visa will depend upon your circumstances at the time that you lodge your application:
Five Year Resident Return Visa
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You must have spent at least two years of the last five years in Australia as a permanent resident or citizen
One Year Resident Return Visa
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You must show that you have substantial business, cultural, employment or personal ties that benefit Australia
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If you have been outside Australia for more than five continuous years since your permanent resident visa was granted (or since you ceased to be an Australian citizen), you must show that there was a compelling reason for your absence
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If you are outside Australia and you do not hold a permanent visa AND you were not a permanent resident or Australian citizen when you last left Australia, you must have been an Australian permanent resident or citizen within the last 10 years
Three Month Resident Return Visa
During the last five years, you must:
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have spent at least one day lawfully in Australia and
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have spent less than two years in the last five years in Australia
You must also:
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have been a permanent resident or Australian citizen for the entire period that you spent in Australia
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show that there is a compelling and compassionate reason for you to leave Australia
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show that there was a compelling and compassionate reason for your absence if you have been outside Australia for more than the last three months
APPLICATION PROCESS >
Your visa application is lodged with the Department of Home Affairs (the ‘DOHA’). The main criterion is that you meet the requirements for one of the visa periods referred to above.
If you do not meet any of the requirements listed above, but you are the partner or dependent family member of a Resident Return visa holder, you may still be eligible for a Resident Return visa for a period of up to one year.
If the DOHA approves the visa, you will be granted a permanent visa for indefinite residence in Australia. The travel facility length granted will be dependent on your circumstances and type of Resident Return visa applied for. If the application is lodged while you are outside of Australia, you must also be outside of Australia when the visa is decided. If you are inside of Australia at the time the application is lodged, you may be inside or outside of Australia at the time the visa is decided.
PLEASE NOTE: The time required to prepare and lodge your application is largely dependent on how promptly you provide us with the necessary supporting information and documents.
The time that it takes the DOHA to process your application is dependent upon its processing time service standards, and may also vary due to a number of other factors, including the complexity of your case, perceived risk factors and processing priorities. Applications for Resident Return visas are normally processed straight away, although there may be delays if you do not provide all of the required supporting documentation with your application.
Please contact us for current information regarding the current processing timeframes for this type of application.
This Fact Sheet contains general information only. We strongly recommend that you seek specific guidance from us that is relevant to your circumstances before taking any further action.
Do you have additional questions regarding the Resident Return visa? Please feel free to contact us by email at admin@dojolegal.com.au, or by phone on ++61 02 9138 0688 to arrange a paid consultation.