Overview of 157 Visa
Subclass 157 visa is intended for permanent residents or former Australian citizens who have less than 2 years of physical presence in Australia but have not yet established substantial ties of benefit to Australia. Example: They may have settled in Australia but didn’t get time to establish substantial ties when they travelled outside Australia.
Three Month Resident Return Visa Cost
Base application charge for subclass 157 is AUD 465.
Location at time of application of 157 Visa
An applicant making an application for a Three-month 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:
- If the visa has been cancelled under s134 of the Migration Act 1956 and the cancellation is not set aside by the tribunal a valid application for subclass 155 visa cannot be lodged. Whether the decision has come into effect yet or not.
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 application of 157 Visa.
- The 157 visa 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.
- The 157 visa applicant needs to satisfy one of the following 2 criteria:
- Applicant of 157 visa was lawfully present in Australia for a period not less than 1 day but less than 2 years in the period of 5 years immediately before the application for the visa and during that time was the holder of a permanent visa, permanent entry permit or an Australian citizen. The 157 visa applicant should not be a holder of Bridging visa and 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.
And
Has compelling and compassionate reasons for departing Australia or if outside Australia, had compelling and
compassionate reasons for his or her last departure from Australia.
OR - The applicant is a member of the family unit who still holds subclass 157 or meets the requirements as in point (A).
3. If the 157 visa applicant is outside Australia, the applicant should not be absent for more than continuous 3 months immediately before making an application, unless the minister is satisfied that there are compassionate and compelling reasons.
Further criteria at the time of the decision of 157 Visa
- If the 157 visa applicant is outside Australia, they should not have been deported due to character concerns.
- Applicant of 157 visa must hold a valid passport.
Location at the time of grant of 157 Visa
Applicant can be in or outside Australia but not in immigration clearance at the time of the grant of subclass 157 visa.
Visa Period for 157 Visa
Applicant of 157 visa gets permanent visa to travel to and enter Australia for a period of 3 months from the date of grant.
