Permanent Resident’s Right To Return To Australia After Overseas Travel

Permanent Resident’s Right To Return To Australia After Overseas Travel

Only Australian citizens have an automatic right to enter Australia. While holders of a permanent visa can remain in Australia indefinitely, this right does not automatically extend to returning after international travel. A permanent resident who leaves Australia must hold a valid travel facility to re-enter the country.

Many permanent residents ask how to maintain their ability to travel in and out of Australia once their travel facility expires. In this article, our migration lawyers explain what a travel facility is, how to check its expiry, and the options available to preserve your right to return to Australia from overseas.

What Is a Travel Facility and How Do I Find Mine

When a permanent visa is granted, it usually includes a five-year travel facility. This travel facility allows you to leave and re-enter Australia freely during the five years following the visa grant date, provided the visa remains valid.

To check when your travel facility expires, you can refer to your visa grant notification letter or complete a VEVO check through the Department of Home Affairs.

It is essential to monitor your travel facility expiry. If you try to return to Australia with an expired travel facility, you may be denied entry even though you still hold a permanent visa.

What Happens After Your Travel Facility Expires

Once your travel facility expires, your ability to return to Australia can only be maintained through one of the following pathways.

Applying for a Resident Return Visa

A Resident Return Visa RRV allows Australian permanent residents and certain former residents or former citizens to re-enter Australia as permanent residents after their travel facility has expired.

There are several types of RRVs depending on your residency history and personal circumstances.

Five-Year Travel Facility RRV

To qualify, you must have lived in Australia for at least two years within the last five years immediately before applying as a permanent resident.

One-Year Travel Facility RRV

To qualify, you must show that you have substantial ties to Australia that are of benefit to the country. These ties may be business ties, cultural ties, employment ties or personal ties. You also must not have been absent from Australia for a continuous period of five years immediately before the application unless compelling reasons explain your absence.

Three-Month Travel Facility RRV

If you have spent less than two years in Australia in the last five years and you have compelling or compassionate reasons for leaving, you may qualify for a shorter term RRV.

Please note that visa applications require care and expertise. If your RRV application is refused, you may need to apply for a new permanent visa to return to Australia.

Our team recommends lodging your RRV and waiting for the outcome before travelling, especially if you have had any criminal convictions or charges since becoming a permanent resident. However, you can be outside Australia when you lodge the application and when the decision is made.

Australian Citizenship

Becoming an Australian citizen provides unrestricted rights to enter and remain in Australia without needing a travel facility.

To be eligible for Australian citizenship by conferral, you must:

  • Have held a permanent visa for at least twelve months
  • Have lived in Australia for at least four years
  • Not have been absent from Australia for more than twelve months during that period
  • Be a person of good character

If you do not meet the eligibility requirements for either an RRV or citizenship, you may need to apply for a new permanent visa to return to Australia.

Ramsden Lawyers – How We Can Help

If your travel facility has expired or you are unsure about your eligibility for a Resident Return Visa, or if you are concerned about how your travel history or personal circumstances may affect your eligibility for Australian citizenship, our experienced migration lawyers can assist.

We regularly help permanent residents and former citizens navigate the RRV process, prepare strong supporting evidence, and understand their options for maintaining the right to return to Australia.

We offer a free initial consultation with no obligation to review your circumstances and guide you through your next steps. Contact us today to schedule your consultation.