To secure a standard five-year Resident Return Visa (Subclass 155), Australian permanent residents must meet the residence requirement, living in Australia for at least 2 years (730 days) out of the last 5 years. But what happens if life, business, or family emergencies kept you overseas, and you do not meet this 2-in-5-year rule?

Failing the residence requirement does not automatically mean you lose your permanent residency (PR). However, it does mean your RRV application will not be granted as easily. Instead, you will need to apply under alternative criteria, and the Department of Home Affairs (DoHA) may grant a shorter travel facility.

Option 1: The 1-Year RRV (Proving Substantial Ties)

If you have lived in Australia for less than 2 years in the past 5 years, you can still be granted an RRV (SC155), but the travel facility will be limited to 1 year.

To qualify, you must formally prove that you have substantial ties of benefit to Australia. The Department assesses these ties across four categories:

Business Ties: You own, or are a senior partner in, an active business operating within Australia that benefits the local economy.
Employment Ties: You are employed by an Australian organisation, or you have a formal, genuine offer of employment in Australia.
Personal Ties: You have close family members (such as a spouse, partner, or children) who are Australian citizens or PR living in Australia.
Cultural Ties: You add to Australia’s cultural life in a significant way, commonly applying to recognised artists, athletes, or academics.

Your application must demonstrate not only that these ties exist, but that they bring a tangible benefit to Australia.

The "5-Year Absence" Trap

A critical hurdle exists within the 1-year RRV pathway. If you have been completely absent from Australia for a continuous period of 5 years or more since your last PR grant, establishing substantial ties is no longer enough on its own.

You must also prove that you had compelling reasons for your prolonged absence. Acceptable reasons might include:

A severe, prolonged illness preventing travel.
Caring for a terminally ill family member overseas.
Being caught in significant global travel restrictions, such as pandemic border closures.
Being required to live overseas by an Australian employer.

Option 2: The 3-Month RRV (Subclass 157)

What if you don't meet the 2-in-5 rule and haven't yet established substantial ties to Australia? If you're in this situation but need to travel urgently, you may be eligible for a Subclass 157 visa. This visa provides a very brief 3-month travel facility. To qualify, you must show that:

You have spent at least one day in Australia as a permanent resident in the last five years; and
You have compelling and compassionate reasons to leave Australia (or have already left).

Summary of RRV Pathways

Residence / Situation	RRV Subclass	Travel Facility Granted	Key Legal Requirment
2+ years in the last 5 years	155	5 years	Standard residence requirement
Less than 2 years in 5 years	155	1 year	Substantial ties of benefit to Australia
Absent for 5+ continuous years	155	1 year	Substantial ties + Compelling reasons for absence
Less than 2 years & no substantial ties	157	3 months	1 day in Australia + Compelling reasons to leave

Get Advice before Leaving the Country

Under Australian migration law, you can generally hold only one visa at a time. If you are granted a temporary tourist (Subclass 600) visa while offshore, it will overwrite your PR. You must resolve your RRV status before attempting to re-enter Australia. If your travel facility is expiring and you have a few days left, don't leave your permanent residency to chance. Our specialised migration lawyers can help you prepare a strong RRV application, and proving substantial ties or compelling reasons requires comprehensive evidence and a persuasive legal submission to secure your return to Australia. Speak with AHC Lawyers about your next steps.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

Agape Henry Crux is led by two of our Accredited Specialists in Immigration Law, Jason Ling and Angela De Silva. They have experience with highly complex matters and can guide you on the best next steps to achieve your visa goals. Speak with Jason or Angela for a tailored visa strategy session today. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers for professional advice by calling 02-8310 5230 or emailing info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

Client Testimonials

….we call it Support Network

Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.

These are their stories…

Our Client's Latest Visa Grants