A Permanent Residency (PR) visa in Australia is highly sought after by those wishing to make the country their long-term home. With PR status, individuals can live, work, and study in Australia indefinitely. However, there are key details and conditions tied to maintaining and exercising the benefits of permanent residency, particularly when it comes to travelling in and out of Australia.
Validity of a Permanent Residency Visa
When you are granted a PR visa in Australia, your permanent residency rights never truly expire as long as you remain in the country. The ability to live in Australia indefinitely is a core benefit of the visa. However, your freedom to travel outside the country and return is subject to certain time limits. Typically, when you are granted a PR visa, it includes a travel facility that is valid for five years from the date of the visa grant.
This five-year travel facility allows you to leave and re-enter Australia as a permanent resident during that time. Once the five-year period has expired, your residency status within Australia does not automatically end, but your right to re-enter the country as a PR without additional paperwork does. Therefore, if you intend to travel after your five-year travel facility has expired, you will need to apply for a Resident Return Visa (RRV) to regain the ability to come back to Australia.
What is a Resident Return Visa?
The Resident Return Visa (subclass 155 and 157) is designed for Australian permanent residents whose initial five-year travel facility has expired but who still want the freedom to travel internationally and return to Australia. If you are overseas when your PR travel facility expires and you are not yet an Australian citizen, you must obtain an RRV to re-enter Australia.
Typically, the subclass 155 visa is issued for five years if you have lived in Australia for at least two years in the last five years before applying. If you have not met this two-year residency requirement but can demonstrate strong ties to Australia (such as business, cultural, or personal connections), you may still be granted the visa for a shorter duration. The subclass 157 visa, on the other hand, is valid for three months and is intended for permanent residents who have been outside Australia for extended periods but have compelling reasons for returning.
The Importance of Maintaining Close Ties to Australia
While PR status grants you the right to remain in Australia indefinitely, you need to be cautious if you spend extended periods outside the country. If you do not maintain close and continuing ties with Australia, your ability to renew your travel facility or obtain an RRV could be compromised. The Department of Home Affairs may scrutinise your application for an RRV more closely if you have been outside Australia for several years without clear connections to the country.
To safeguard your permanent residency, you must demonstrate that you have genuine ties to Australia, whether through employment, business interests, family, or cultural associations. Without these, you may risk losing your PR status. Therefore, if you foresee long periods of time abroad, ensure you stay connected to Australia in a meaningful way.
Risks of Losing Permanent Residency
One of the lesser-known risks of being a permanent resident in Australia is the potential loss of your PR status if you do not renew your travel facility and do not maintain strong ties to Australia while living abroad. Should you fail to obtain a Resident Return Visa or demonstrate your ongoing commitment to Australia, you may lose your right to return as a permanent resident.
It’s important to note that permanent residency in Australia is not the same as citizenship. Only Australian citizens enjoy the unconditional right to travel and re-enter Australia at any time. If you plan to live overseas for an extended period and have not yet become an Australian citizen, it is essential to keep track of your visa expiration dates and ensure you maintain your eligibility for an RRV.
Applying for Australian Citizenship
One of the ways to safeguard your rights as a permanent resident is to apply for Australian citizenship. Once you become an Australian citizen, you no longer need to worry about travel facilities or Resident Return Visas. Citizens of Australia can travel freely in and out of the country with their Australian passport and enjoy full legal rights, including the ability to vote in national elections.
To apply for citizenship, you generally need to have lived in Australia for four years, including at least 12 months as a permanent resident. There are other eligibility criteria, such as passing a citizenship test and demonstrating good character, but achieving citizenship is the best way to ensure that you will never lose your right to return to Australia.
Resident Return Visa Application Process
If you are a permanent resident approaching the expiration of your five-year travel facility, or if you are already overseas and your facility has expired, applying for an RRV should be a top priority. The application process is straightforward, but it is important to ensure you meet the eligibility requirements. You can apply for the RRV online through the Department of Home Affairs website, and the process is usually quick, especially if you have met the residency requirement of having lived in Australia for at least two years out of the last five.
If you have not met this residency requirement, you will need to provide evidence of your close ties to Australia. This could include proof of ongoing employment, business interests, or close family relationships in Australia. For those who have been away for an extended period, it is advisable to seek professional legal assistance to navigate the application process and ensure that your permanent residency is not at risk.
A PR visa in Australia provides a pathway to permanent residency, allowing individuals to live and work in Australia indefinitely. However, the associated travel facility is only valid for five years, after which you must apply for a Resident Return Visa if you wish to leave and return to Australia. It’s important to maintain close ties to Australia to ensure that your permanent residency remains intact, especially if you spend significant time abroad.
Need help with your visa? Whether you need assistance applying for a PR visa, a Resident Return Visa, or Australian citizenship, our expert migration lawyers are here to help. Book a complimentary consultation with our team at NB Migration today, and let us guide you through the process to secure your future in Australia.