Acquiring a Resident Return Visa in Australia

When do you require a Resident Return Visa? Say you are an Australian resident with a permanent residency status. But then, for whatever reason, you decide to return to your home country and stay there for a very long period. Then, if you wish to return to Australia once again as a permanent resident, you will almost certainly need a Resident Return Visa. However, there is considerable protocol to be followed before you are determined eligible for a Resident Return Visa. Unless your case is compelling, your request for a Return Visa can be refused.

A study

Let’s study the particulars of the case of Paduano v Minister for Immigration and Multicultural Affairs (2005) FCA 211 for instance. Paduano, the applicant, had been a resident in Australia for 12 years with his wife and married daughter. He stayed for about a dozen years before moving back to his home country, Italy, in 1995. The reason behind his departure was that the wife had undergone a serious road accident, and was advised by doctors to stay close to her parents. Paduano thus stayed there for 17 years, before applying for a Return Visa in Australia once again. Although initially rejected by the AAT due to improper investigation, his request was granted as a consequence of the lawsuit.

A Return Visa applicant needs to, as per Australian law, have “substantial business, cultural,employment, or personal ties with Australia which are of benefit to Australia” and must have to have left Australia under “compelling reasons” in order to be eligible for a Resident Return Visa.