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Resident Return Visa Granted After Applicant Had Been Outside Australia for Over 5 Years

Visa TypeResident Return Visa
CategoryResident Return

Case Summary

An applicant was refused a Resident Return Visa after spending more than five years outside Australia. We successfully argued at the MRT that she had always considered Australia her home, and demonstrated her substantial employment ties, personal connections, and Australian assets.

Background

Our client was refused a Resident Return Visa because she had been outside Australia for more than five years. The period of absence was largely attributable to her husband's international career, which had prevented the couple from settling in Australia during most of their married life. Despite the length of her absence, the applicant had always considered Australia home and maintained substantial ties to the country.

Challenges

  • The applicant had been outside Australia for more than five years, directly engaging the refusal criteria
  • Required demonstrating substantial ties to Australia of benefit to Australia despite the extended absence
  • The reason for the absence — the husband's international career — needed to be presented as legitimate and non-voluntary
  • Establishing genuine ongoing connection to Australia despite de facto settlement overseas

How We Helped

We argued that the applicant had always considered Australia her home and that her extended absence was a function of her husband's international career rather than a deliberate choice to resettle elsewhere. We demonstrated her substantial employment and personal ties to Australia, highlighted her guaranteed employment upon return, and documented her close relationships with Australian citizens and her significant Australian assets.

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Key Success Factors

  • Genuine connection to Australia demonstrated through employment ties, personal relationships and assets
  • Clear explanation that the absence was attributable to the husband's international career, not voluntary resettlement
  • Evidence of guaranteed employment awaiting the applicant upon her return to Australia
  • Documentation of personal and financial ties to Australia maintained throughout the period of absence
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Outcome

The argument was accepted and the matter was remitted to the Department for reconsideration.

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