Subclass 155 (5 Year Resident Return) Visa

A permanent resident of Australia whose permanent residence has expired and who wants to return to Australia as a permanent resident must apply for this visa.

Five Year Resident Return Subclass 155 Visa Cost

Base application charge is AUD 465.

Location at time of application of Subclass 155 Visa

An applicant making an application for a subclass 155 Five-Year Resident Return visa can make the application while being in Australia but not in immigration clearance. The applicant can also be outside Australia at the time of the application.

Business Visa Cancellation notice:

The minster can cancel a business visa under s134 if the holder has not acquired substantial stake in an eligible business in Australia and is not utilising their skills to manage day to day activities the business or do not intend to continue to comply with these activities and conditions. Or for an investment visa the holder has ceased to hold relevant designated investment within 3 years of that investment being made. Minister cancels the visa of members of family unit for above reasons.

  • An applicant cannot make a valid application for a visa subclass 155 if they have received a notice of cancellation of their visa under s135(1) of Migration Act 1956 and the decision of cancellation has not yet been made and the cancellation is not under s134.

s135(1) of Migration Act 1956, states that before the minister cancels the visa under s134(1), (3A) or (4) they must give notice to the holder inviting them to make representation regarding the proposed cancellation of their visa.

The minster can cancel a business visa under s134 if the holder has not acquired substantial stake in an eligible business in Australia and is not utilising their skills to manage day to day activities the business or do not intend to continue to comply with these activities and conditions. Or for an investment visa the holder has ceased to hold relevant designated investment within 3 years of that investment being made. Minister cancels the visa of members of family unit for above reasons.

Further Criteria to be satisfied at the time of the 155 Visa application.

  1. The applicant is an Australian Permanent Resident or was an Australian citizen but has subsequently lost or renounced his Australian citizenship or a former Australian permanent resident whose permanent visa was not cancelled.
  2. The applicant of subclass 155 Resident Return needs to satisfy one of the following 4 criteria:
    1. In the last 5 years before the application, applicant was present in Australia for a period not less than 2 years in total. During this period, the applicant was either an Australian citizen or an Australian permanent resident or permanent entry permit holder. Moreover, the applicant during this period was not a holder of a bridging visa or a temporary visa held concurrently with a permanent visa or a permanent entry permit except the following visas.
      Subclass 601 (Electronic Travel Authority) visa,Subclass 773 Border Visa,Subclass 956 Electronic Travel Authority (Business Entrant — Long Validity) visa,Subclass 976 Electronic Travel Authority (Visitor) visa,Subclass 977 Electronic Travel Authority (Business Entrant — Short Validity) visa.
    2. If the applicant is outside Australia and the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia:
      • The applicant must not be absent from Australia for a continuous period more than 5 years from the date of application unless there are compelling reasons for absence.Moreover, the applicant either holds a permanent visa or last departed Australia as an Australian permanent resident or last departed as an Australian citizen and have subsequently lost or renounced their Australian citizenship. OR
      • The applicant was an Australian citizen or an Australian permanent resident less than 10 years before the application and has not been absent from Australia for a total period of 5 years from the date of their last departure from Australia as an Australian citizen or an Australian permanent resident from the date of the application unless there are compelling reasons fro their absence. OR
  3. The applicant is in Australia and the minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia and the applicant has not been absent for a continuous period of 5 years since the date of grant of applicant’s most recent permanent visa unless there are compelling reasons for absence or the date on which the applicant ceased to be a citizen, unless there are compelling reasons for the absence. OR
  4. The applicant is a member of family unit and still hold their subclass 155 visa or meets one of the above 3 criteria.

Further criteria at the time of the decision of Visa 155

  • Applicant of 155 visa should not have been deported due to character concerns.
  • Applicant of 155 visa must hold a valid passport.

Location at the time of grant of 155 visa

Applicant of 155 visa can be in or outside Australia but not in immigration clearance at the time of the grant of subclass 155 visa.

Visa Period – Subclass 155 Visa

If the applicant of 155 visa has lived in Australia for at least 2 years in the last 5 years, they should be granted a subclass 155 visa with a 5-year multiple travel facility.

If the applicant of 155 visa has not lived in Australia for at least 2 years in the last 5 years but have been granted subclass 155 visa based on substantial ties of benefit to Australia they will be granted only 1 year of multiple travel facility.

If you would like further information on compelling and compassionate circumstances or substantial ties to see if you are eligible, please do not hesitate to contact us on the following details.

We are a premier immigration agency based in Bundoora, Melbourne.

Email: info@oracleimmi.com

Phone Number: +61 450140007

www.oracleimmigration.com.au

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