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Subclass 155 Resident Return Visa Granted After Serious Overseas Injury Interrupted Return to Australia

Visa TypeSubclass 155
CategoryResident Return

Case Summary

A former Australian permanent resident who had departed for his home country to recover from a serious injury, and had unknowingly allowed his travel facility to lapse, was left without permanent residency. We established his compelling reasons for absence and substantial ties and he was granted the Subclass 155 Resident Return Visa.

Background

The applicant had arrived in Australia as a permanent resident and had lived there for a considerable period, travelling back and forth to visit family in his home country using Authority to Return and Return Endorsement travel facilities. Due to a serious injury, he decided to return to his home country to be with family and relatives while he recovered. He did not realise that by not returning to Australia within three years his travel facility had expired and that this had caused him to lose his permanent residency status. He came to us seeking a Subclass 155 Resident Return Visa, having been unable to meet the two-year-in-five presence requirement.

Challenges

  • The applicant did not realise that expiry of the travel facility would result in loss of permanent residency
  • He had not been in Australia for the required two years in the preceding five years
  • Demonstrating compelling reasons for absence and substantial ties was essential to satisfy the criteria

How We Helped

We established the applicant's status as a former permanent resident and provided detailed documentation to support that history. We submitted compelling reasons for his absence — centred on the serious injury and the need to be with family during recovery — and assembled substantial ties evidence demonstrating his genuine and continuing connection to Australia.

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Key Success Factors

  • Documentation of former permanent residency status as the foundation of the application
  • Compelling reasons for absence clearly centred on the serious injury and the genuine need for family support during recovery
  • Substantial ties evidence demonstrating the applicant's ongoing connection to Australia
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Outcome

The application was successful and the applicant was granted a Subclass 155 Resident Return Visa, restoring his permanent residency in Australia.

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