At Kris Ahn Lawyers, we are delighted to share a recent success story involving the grant of a Subclass 155 visa, expertly handled by our lawyer, Tony Huang. This visa provides a pathway for former Australian permanent residents and citizens to return to Australia. Our client recently received this visa, and we are pleased to highlight the key steps and tips that led to this successful outcome.
Subclass 155 Visa: A Green Pathway to Return to Australia
The Subclass 155 visa, also known as the Resident Return visa (RRV), allows former Australian permanent residents and citizens to return to Australia even after their permanent residency has lapsed. This visa is a lifeline for those who have maintained a substantial connection to Australia and wish to return for various reasons.
Case Details:
Our client had not entered Australia for over five years before 2023. When they first approached us to apply for the Subclass 155 visa, we had to prove substantial ties to Australia and provide compelling reasons for the five-year absence. After successfully renewing the passport in 2023, the client made several trips to Australia, facilitating the successful renewal of their visa in 2024. If the client meets the residency requirements, they will be eligible for another five-year renewal of the Subclass 155 visa.
Key Features of the Subclass 155 Visa:
- Unlimited Stay: Holders of the Subclass 155 visa can stay in Australia indefinitely. This visa acts as a return permit, allowing entry into Australia even if the permanent residency status has expired.
- Broad Eligibility: This visa is available to current permanent residents, former Australian citizens, those whose PR has expired but not been cancelled, and those whose PR has not been cancelled.
In-Depth Analysis of Application Criteria
Residency Requirement:
- To qualify for a Subclass 155 visa, applicants must have lived in Australia for at least two years within the last five years. Meeting this requirement allows for a five-year visa grant.
- Evidence of substantial ties to Australia must be provided for those not meeting the two-year residency requirement. This includes business ties, cultural participation, stable employment, and personal relationships.
Evidence of Substantial Ties:
- Business Contributions: Demonstrating contributions to the Australian economy through business activities.
- Cultural Engagement: Participation in cultural or community activities that benefit Australia.
- Employment Stability: Evidence of long-term employment in Australia.
- Personal Networks: Showing family or social connections deeply rooted in Australian society.
Tips
- Plan Ahead: Do not wait until your PR status is close to expiring. Start planning early to ensure that all necessary documents are in order and that you have sufficient time for preparation.
- Targeted Evidence Selection: Choose evidence that best represents your ties to Australia, focusing on specific contributions and connections rather than general statements.
- Professional Consultation: Engaging with experienced migration professionals, such as Tony Huang from Kris Ahn Lawyers, can significantly improve your chances of success by providing tailored advice and ensuring your application is solid and comprehensive.
- Attention to Detail: Every detail in the application process matters, from accurate document formatting to precise translations. Ensuring all information is correct and presented can prevent delays or refusals.
- Maintain Communication: Contact the Department of Home Affairs regularly to stay updated on your application’s progress and promptly respond to requests for additional information.
Tips for Calculating Residency Time
Accurately calculating your residency period is crucial for meeting the Subclass 155 visa requirements. Access your travel records via official channels, such as the Home Affairs online services. Make sure to include both arrival and departure days when calculating your total time spent in Australia. For more detailed information, refer to our previous article calculating residency time for the Subclass 155 visa.
You can also use the Residence Calculator the Australian Department of Home Affairs provides. This tool helps applicants determine if they meet the residency requirements for various visas, including the Subclass 155 visa. It benefits applicants with multiple entries and exits from Australia, as it helps maintain an accurate record of all travel dates.
At Kris Ahn Lawyers, we are committed to providing expert legal guidance and support throughout the visa application process. If you are considering applying for a Subclass 155 visa or any other type of visa, please get in touch with us for a consultation. Our team is here to help you navigate the complexities of Australian immigration law and achieve your immigration goals.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
