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Resident Return Visa Granted After 5+ Years Absence Caused by Husband's International Career

Visa TypeSubclass 155
CategoryResident Return

Case Summary

An applicant whose Resident Return Visa was refused following over five years outside Australia succeeded on review before the MRT. We argued that her inability to settle in Australia was due to her husband's international career, and established her substantial ties to and genuine intention to return to Australia.

Background

The applicant had been outside Australia for more than five years and her Resident Return Visa was refused by the Department. Her extended absence was due to her husband having an international career that required the family to live abroad throughout most of their married life. Despite this, she had always considered Australia home and maintained significant connections there.

Challenges

  • Continuous absence from Australia exceeding five years, which ordinarily prevents a grant without compelling reasons
  • Absence was not caused by the applicant's own choice but by her husband's international career commitments — this context needed to be properly framed
  • Needed to establish both compelling reasons for absence and substantial ties to Australia

How We Helped

We prepared a submission arguing that the applicant's extended absence was attributable entirely to her husband's international career and was therefore beyond her control. We established her substantial ties to Australia by presenting evidence of guaranteed employment upon return, her significant Australian assets, and her extensive network of close relationships with Australian citizens.

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Key Success Factors

  • Compelling reasons for absence clearly traced to circumstances outside the applicant's direct control
  • Guaranteed employment offer on return demonstrating a substantial and ongoing tie to Australia
  • Significant Australian assets and close personal relationships evidencing a genuine and continuing connection
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Outcome

The MRT review succeeded. The Tribunal accepted our arguments on both compelling reasons for absence and substantial ties, and remitted the matter to the Department for reconsideration and grant of the Resident Return Visa.

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