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Subclass 155 Resident Return Visa Granted After Compelling Absence — Birth of First Child Overseas

Visa TypeSubclass 155
CategoryResident Return

Case Summary

A skilled permanent resident who had been forced to return to his home country due to family circumstances, then remained abroad after discovering his wife was pregnant with their first child, successfully obtained a Subclass 155 Resident Return Visa. We established both substantial ties to Australia and compelling reasons for his extended absence.

Background

The applicant had arrived in Australia on a Skilled Independent (Subclass 136) permanent residence visa and worked in Australia for a period of time. He was forced to return to his home country due to unforeseeable circumstances and family concerns. His Subclass 136 visa was approaching expiry, so he initially applied for a Subclass 157 Resident Return Visa, which was granted with a three-month travel facility. When he returned to his home country to finalise his affairs, he and his wife discovered they were expecting their first child together. He chose to remain abroad to support his wife through the pregnancy and birth, and then engaged us to lodge a Subclass 155 Resident Return Visa application on his behalf.

Challenges

  • Applicant had been absent from Australia for an extended period, requiring compelling reasons to be established
  • Original departure was for compelling personal reasons, and the subsequent stay was extended due to his wife's pregnancy
  • Residence requirement under the Subclass 155 criteria needed to be addressed

How We Helped

We established the applicant's substantial ties to Australia through evidence of his years of work in Australia, an employment offer upon return, and a place of residence. We then submitted compelling reasons for his extended absence: the initial departure was due to urgent family concerns outside his control, and the subsequent stay was due to the birth of his first child. We also evidenced that, throughout this period, the applicant had been actively enquiring with the Department about applying for a Resident Return Visa — demonstrating his ongoing intention to return.

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Key Success Factors

  • Compelling reasons for absence — initial forced departure for urgent family reasons and subsequent birth of first child
  • Evidence of ongoing enquiries with the Department demonstrating intention to return to Australia
  • Employment offer and established place of residence in Australia demonstrating substantial and practical ties
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Outcome

The applicant was granted the Subclass 155 Resident Return Visa with a one-year travel facility within five months of lodgement, allowing him to return to Australia as a permanent resident.

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