Resident Return (Subclass 155) Visa where the Applicant did not reside in Australia for nearly 10 years.
CASE TYPE
The Applicant was granted Permanent Residency in December 1988 and despite being issued a multitude of Resident Return Visa’s (hereafter referred to as RRV), specifically, their last being in March 2012, the Applicant, due to her profession, had to travel often, and was unable to maintain her residency in Australia, and was ultimately forced to reside in her home country. Despite trying to arrange plans to move back to Australia in 2020, this was paused due to the onset of COVID-19.
CASE BACKGROUND
The Applicant’s extended absence from Australia needed to be addressed adequately, to show that she has compelling reasons and substantial ties to warrant the grant of an RRV, despite not residing in Australia for over nearly 10 years. The level of difficulty when addressing Substantial Ties and Compelling Circumstances, is increased by the Applicants near 10-year absence from Australia, and this needed to be adequately addressed to the Department.
CASE STRATEGY
We advised the Applicant to firstly present substantial ties to Australia, through factors such as her family in Australia, her property in Australia and even aspects such as her efforts to apply for jobs in Australia in preparation and intentions of returning to Australia. We then focused our evidentiary support on the compassionate grounds for the Applicants absence which surrounded her work requiring her overseas, and her inability to retain work in Australia.
CASE OUTCOME
The Department granted the Resident Return Visa to the Applicant for 1 year, despite her near 10 year absence and instead, in light of the Applicants strong intentions to reside in Australia actioning the purchase of a property and job.
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