Regaining PR: key points (2026)
- If you used to be a permanent resident and your travel facility has expired, a Resident Return visa (subclass 155) may let you return as a permanent resident.
- The longer you have been away, the more you need to show: substantial ties of benefit to Australia, and for longer absences, compelling reasons for being away.
- Former permanent residents are often granted a 12 month Resident Return visa first.
- Keep evidence of your ties (work, business, property, family) and the reasons you could not return.
- If you are not eligible, you may need to apply for a new permanent visa through another PR pathway.
I used to hold a permanent residence visa for Australia, can it be reinstated?
If you once held Permanent Residence but have since left Australia and spent a significant time outside Australia, you may still be able to apply for a Resident Return Visa, regaining your Permanent Residence.
How Long is too long?
You will need to have held a Permanent Residence visa within the last 10 years.
If it has been longer than 10 years but you are eligible to be granted a 601 electronic travel authority visa, you may still be able to apply.
What do I need to show?
If your last visit to Australia was more than 5 years but less than 10 years ago, you will need to show compelling reasons for your time outside Australia and your substantial ties to Australia.
If your last visit to Australia was less than 5 years ago, you won’t need to show compelling reasons for your time outside Australia, but will need to show your substantial ties to Australia.
What sort of PR visa will I get if granted?
A 12-month Resident Return Visa Subclass 155 (RRV) is granted to applicants outside Australia who held a Permanent Residence Visa in the last 10 years and who meet the requirements.
This is a Permanent Visa and can be renewed.
If it has been longer than 10 years since you held a Permanent Residence visa and you enter Australia on a 601 electronic travel authority, you may be able to meet the requirements for 12-month Resident Return visa Subclass 155 (RRV) if you can demonstrate substantial ties which are of benefit to Australia AND there are compelling reasons for your absence from Australia.
RRV for family unit
If you are eligible for a resident return visa, and your spouse or dependent does not meet the residency requirement (i.e. 2 out of 5 years or compelling reasons for absence), they can still apply for the resident return visa.
Substantial ties
Substantial ties to Australia must be both substantial and beneficial to Australia. There can be different ties to Australia. These include:
- Business: for example, owns an Australian company
- Cultural: for example, program listing your artistic or cultural performances
- Employment: for example, employment contract with an Australian company
- Personal: for example, have an Australian partner and child
You would have to provide documents to evidence your ties.
Compelling reasons for absence
The term compelling is not defined in the Migration Act. However, it implies that the reason for departing Australia is outside the control of the applicant. Some examples of compelling and compassionate reasons include:
- severe illness or death of an overseas family member
- work or study commitments by the applicant or the applicant’s partner that are of a professional nature, in circumstances where the acquired experience results in a benefit to Australia
- the applicant is living overseas in an ongoing relationship with an Australian citizen partner
- the applicant or the applicant’s accompanying family members have been receiving complex or lengthy medical treatment preventing travel
- the applicant has been involved in legal proceedings such as sale of property, custody, or contractual obligations and the timing was beyond the applicant’s control
- the applicant has been caught up in a natural disaster, political uprising or other similar event preventing them from travel
- the applicant can demonstrate they have been waiting for a significant personal event to occur that has prevented them from relocating to or returning to Australia. The period of time for any such event would have to be reasonable in its context
You would have to provide documents to evidence your compelling reasons for absence.
Related guides
- Renew your permanent resident visa travel facility
- Maintaining your permanent residency
- Settle in Australia: a guide for new arrivals
- Resident Return visa (155 and 157)
- Resident Return visa subclass 155
- Resident Return visa subclass 157
- Applying for Australian citizenship
- Australian citizenship residence requirement
- Citizenship eligibility assessment
- Citizenship document checklist
- Citizenship practice test questions
- Visas eligible for Medicare
- Book a consultation
Conclusion
Be sure to check your visa grant letter for your travel validity before you travel!
Ensuring that you spend at least 2 years in Australia out of each 5 year period is the best way to maintain your permanent residence in Australia. This way, you will obtain a 5-year travel facility and are not subject to any discretionary requirements (eg close ties to Australia or compelling reasons for absence).
Frequently asked questions
Is my permanent residence lost if my travel facility expires while I am overseas?
Your permanent visa itself does not end, but you cannot re-enter as a permanent resident without a valid travel facility. You need a Resident Return visa granted before you travel back.
What counts as substantial ties to Australia?
Ties can be business (for example owning an Australian company), cultural, employment (for example a job offer or contract with an Australian employer) or personal (for example an Australian partner or children). They must be both substantial and of benefit to Australia.
Can I apply from outside Australia?
Yes. Former permanent residents usually apply from outside Australia, and the visa must be granted before you return.
What if my Resident Return visa is refused?
You may be able to seek review of the decision at the Administrative Review Tribunal in some cases, or consider another visa pathway. Check the review rights in your refusal letter and get advice quickly.
Angela Parmeter
Senior Immigration Consultant- MARN: 1387039
If you would like to discuss your matter or have questions on the above please book a consultation here.
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