It is correct to say that your Australian Permanent Residency (PR) generally gives you indefinite stay in Australia. However, if you wish to travel to and from Australia after the initial 5 years of your PR grant, you will be required to obtain a Resident Return Visa (RRV).
You can obtain an RRV for 5 years or 12 Months subject to your particular circumstances.
To obtain a 5 year RRV you would need to prove you have been in Australia physically for at least 2 of the last 5 years physically in Australia.
In order to obtain a 12 month RRV, you could show:
-Evidence that you have established residence in Australia – for instance leased accommodation, enrolled your children into school, Australian bank accounts or moved your assets to Australia.
-Close family members in Australia.
-Cultural ties to Australia.
Absence for more than 5 Years
If you have not returned back to Australia for more than 5 years, you would need to show compelling reasons for your absence.
The case Lorenzo Paduano v Minister for Immigration & Multicultural & Indigenous Affairs & Migration Review Tribunal  FCA 211 (10 March 2005) established the following test to demonstrate compelling reasons:
• “The applicant is the one who must have been compelled by the reasons for absence
• Applicants do not need to demonstrate an involuntary element, involving circumstances beyond a person’s control or involving physical or legal necessity
• Compelling is to be interpreted broadly – forceful reasons for an absence may involve moral necessity or other circumstances which are convincing by reason of their forcefulness”.
By RSG Lawyers
Footnotes available upon request
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