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Resident Return (Subclass 155) Visa Granted Despite Nearly 10-Year Absence from Australia

Visa TypeSubclass 155
CategoryResident Return

Case Summary

A permanent resident who had not lived in Australia for nearly 10 years — after career obligations forced her overseas and COVID-19 delayed her planned return — was granted a Resident Return Visa for 1 year based on compelling circumstances and demonstrated substantial ties to Australia.

Background

The applicant had held Australian permanent residency since December 1988 and had been issued many Resident Return Visas over the decades. Her last RRV was granted in March 2012. Due to the demands of her profession, she was required to travel extensively and was ultimately unable to maintain residency in Australia, eventually being forced to live full-time in her home country. She had been attempting to arrange a return to Australia from 2020 but these plans were disrupted by the onset of COVID-19. The near 10-year absence created a significant evidentiary challenge in demonstrating compelling circumstances and substantial ties to Australia — the threshold required when the standard two-years-in-five residence criteria cannot be met.

Challenges

  • Near 10-year absence from Australia, well exceeding the standard residency thresholds for an RRV
  • Absence driven by professional obligations rather than voluntary withdrawal, requiring careful framing for the Department
  • Plans to return in 2020 had been disrupted by COVID-19, adding further complexity to the timeline

How We Helped

We advised the applicant to first compile a comprehensive picture of her substantial ties to Australia — including family connections, property in Australia, and active steps she had taken to find employment in Australia in preparation for her return. We then focused the submission on the compassionate grounds for her extended absence, centring on the professional demands that had required her to be abroad and her genuine inability to secure equivalent work in Australia. These were framed within the legislative requirements for compelling circumstances under the RRV criteria.

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Key Success Factors

  • Substantial ties to Australia evidenced through family, property ownership and active job-seeking in Australia
  • Compelling circumstances submission centred on professional obligations requiring overseas residence
  • Proactive steps taken toward return — including property purchase and job applications — demonstrating genuine intention to resume residency
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Outcome

The Department granted the Resident Return Visa for 1 year, taking into account the applicant's strong intention to return and the active steps she had taken toward resuming residency in Australia, including the purchase of property and seeking of employment.

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