Subclass 155 Resident Return Visa 

After much effort, many applicants finally obtain their long-awaited permanent residence visa,but for various reasons cannot immediately give up their work or business back home — or, having received their Australian PR, find themselves compelled to temporarily return to China to build their careers and families.Three to five years pass in the blink of an eye, and looking back suddenly,they realise their 5-year PR is about to expire. In the past five years, they have barely spent a few days in Australia — let alone fulfilling the 2-year residency requirement. Who could have predicted that COVID-19 would last more than 2 years? With Australia’s repeated outbreaks, PR holders based in China were even less willing to risk travelling to Australia to meet the residency requirement.

But would you really give up a hard-earned PR just like that?Mr C’s case shows new migrants that as long as they maintain their ties to Australia, even if they cannot physically reside there, Newstars can still help them renew successfully.

Without having metthe 2-year residency requirement you may stillrenew

Today’s article sets aside the first scenario — we will focus mainly on cases where the 2-year residency requirement has not been met.

Drawing on Mr C’s case as a classic example

Mr C first renewed his Subclass 155 visa in 2016 and has since renewed it 5 times in total(each time unable to meet the Australian residency requirement for one reason or another).

There are many PR holders in the same situation as Mr C. If you are one of them, the practical guidance below is well worth saving.

If you are still unsure, feel free to consult our advisers for tailored advice!

However,to be frank, each renewal becomes more difficult than the last, and unless it is absolutely unavoidable, we still recommend that PR holders make every effort to spend some time residing in Australia.

• If your PR has already expired, or is about to expire and you have not met the 2-year residency requirement, you will need to demonstrate close ties with Australia.Specific areas of connection:

• Business ties with Australia

  Business ties — as the name suggests — refer to commercial activities conducted overseas that are connected to Australia. Whether the business is registered in Australia or China is not the determining factor. Beyondemploying Australian citizens or permanent residents,, in other respects, Australia wants to see concrete financial evidence.The most common form of concrete evidence is lodging tax returns on time(even if there is no income or profit, a return must be filed every year)

  Evidence may include engaging in business activities overseas that are connected to Australia,such as establishing a company, promoting Australian products or technology, collaborating with Australian brands, or acting as an agent for Australian brands.Anyinvolvement in China-Australia trade while based in China constitutes strong business ties.

• Cultural ties with Australia

  Academic exchanges abroad, international activities by athletes, overseas conferences for clergy, and international performances by artists — all of these cultural connections contribute to enriching Australian society, raising Australia’s international profile, and enhancing its image, and may be recognised as cultural ties with Australia.

• Employment ties with Australia

  Employment ties refer to being employed in China by an Australian organisation — this can include an Australian company, school, religious organisation, government body, or non-profit organisation. The simplest and most common form is an Australian company paying a salary to a PR holder based overseas.

• Asset and investment ties

  This is also one of the more commonly relied-upon forms of evidence.This may include property purchased in Australia,, shares, or other Australian investments that demonstrate active participation.

• Personal ties with Australia

  Compared to the previous four categories, this isthe type of evidence most commonly used by applicants based in China. Personal ties include connections withfamily members who are Australian citizens or permanent residents (parents, siblings), as well as friends, spouses, and childrenand other close relationships.If a spouse and children have been living continuously in Australia, this constitutes very strong evidence of personal ties.

  
  

  Mr C’s situation was comparatively more challenging — he returned to China immediately after receiving his PR. His wife and children did not hold Australian PR, so he was unable to provide evidence of personal ties.We helped him identify supporting evidence across the first four categories, and ultimately assisted Mr C in successfully renewing his Subclass 155 visa five consecutive times.

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