Five year resident return visa
To be eligible for a five year Resident Return visa you must be one of the following:
•an Australian permanent resident
•a former Australian permanent resident whose last permanent visa was not cancelled
•a former Australian Citizen who lost or renounced their citizenship.
You must also meet one of the following eligibility requirements.
Eligibility Requirement Criteria
Residence requirement You must have spent two of the last five years in Australia as a permanent resident.
Substantial ties and compelling reasons for absence You can provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia,
and
If you have been absent for more than five years, you are able to provide evidence of compelling reasons for your absence.
Member of a family unit You are the immediate family member of a Resident Return Visa holder.
Overseas applicants If your last departure from Australia was not as an Australian permanent resident or Australian citizen, you must have been an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and you must not have been absent from Australia for a total period of more than five years since last departing as an Australian citizen or Australian permanent resident unless there are compelling reasons for the absence.
9.5 Personal ties which are of benefit to Australia
Decision makers have the flexibility to consider a range of personal ties to Australia that may not fall under the categories of business, cultural or employment ties, but are the reason for the applicant's wish to return to Australia. Examples of personal ties include but are not limited to:
• long term residence in Australia prior to the last five years, particularly, if the applicant has spent their formative years in Australia, or studied or been employed in Australia
• ownership of a home and/or other personal assets in Australia
• the applicant has close family members, or close friends in the nature of family, who are permanent residents or citizens and who reside in Australia or
• the applicant is travelling or residing overseas with an Australian citizen partner and/or children who may suffer hardship if the applicant was not granted an RRV.
Relevant considerations in assessing whether a personal tie is substantial are:
• whether an applicant regards Australia as home
• where the applicant intends to reside permanently and
• whether the applicant has strong family, financial or work ties.
It is recognised that a person may have substantial ties to more than one country. The legislation does not require an applicant to have greater ties to Australia, but to have substantial and beneficial ties to Australia.
Substantial personal ties may be of benefit to Australia in the sense that the applicant is a participating member of the Australian community and economy, or that they are likely to become a participating member of the Australian community and economy in the future, and that their ties enrich the lives of individual Australian residents and citizens.
It is also relevant to consider the potential hardship to the applicant’s Australian citizen family unit members (who can travel to and from Australia at will), or to any other Australian citizens with whom the applicant has close ties, if the applicant is not granted an RRV.
作者: 58gyhulgx8 时间: 2010-2-21 23:46
可以 但是取决于谁是主申 有效期也会因此受关联影响
10.5 Member of the family unit
Clause 155.212(4) allows grant of a subclass 155 visa to a person whose ‘family head’ holds a subclass 155 visa that is still valid for travel, or has also applied for one and satisfies the criteria for grant.
Member of the family unit is defined at reg 1.12. As subclause 155.212(4) is a ‘time of application’ criterion, the applicant must be a member of the family unit at the time of the application. An adult independent child, will not satisfy reg 1.12 at the time of application, and therefore, cannot satisfy this subclause even if they had previously been considered a member of the family unit.
MFUs can apply separately
There is no requirement for the family members to apply at the same time as the family head/ main applicant. However, if they apply after the family head/main applicant, and they are approved solely on the basis that they are the member of the family unit of a subclass 155 visa holder, the validity of the RRV granted to the applicant must be linked to the RRV held by the family head/ main visa holder. For example, if the family head/ main visa holder has only 2 years remaining on their subclass 155 visa, the applicant’s subclass 155 visa will also cease in 2 years’ time (refer clause 155.511(a)).
If a member of the family unit of a subclass 155 visa holder is eligible for an RRV in their own right (ie because they meet the criteria in 155.212(2), (3) or (3A)), their visa validity should not be linked to that of their family head/ main visa holder. They should be given a 5 year subclass 155 visa.