# Returning resident visa under visa 189



## psiew13 (Oct 1, 2012)

Hi all,

I am currently holding visa 189 and my spouse and children are my dependent in the visa. I wanted to find out the condition to apply the returning resident visa. If I work in Australia for more than 2 years and my spouse/children stay back in our home country, will they qualify for the RRV? Does everyone in the visa 189 must meet the 2 out of 5 years stay in Australia in order to apply the RRV. Would appreciate any info on this. Thanks!


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## espresso (Nov 2, 2012)

Hi psiew13,

I think that every PR holder is evaluated separately, although the checklist lists "Documents as evidence of family unit". So if you can get a 5-year RRV it should strengthen your partner/kid's application. The 1085 application form states that 



> Make sure you have included the application charge. Each family member must complete a separate application and pay a separate charge.


For a 5-year RRV you must have spent two of the last five years in Australia as a permanent resident or citizen. Your family members may be eligible for shorter RRV visas (1 year or 3 months) if they have "compelling and compassionate reason" for not being in Australia during all this time and if they can demonstrate "substantial ties to Australia". Note that the PR visa allows you to stay in Australia indefinitely; it's just the right of entry after travel that expires. The easier solution would be to move back to Australia before the travel portion expires and stay until you fulfill the criteria to apply for a RRV. A PR is meant for people who actually wish to live in Australia. It will be harder to qualify for a new PR visa the older you get so you should make up your mind in time. 

More information: Resident Return Visas (Subclasses 155 and 157)

All the best, 
Monika


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## rajeshn765 (Aug 14, 2013)

*Question on citizenship in this case*

Hi,

In the above circumstances, if a person has RRV which is valid for 5 years, can he apply for citizenship holding an RRV?

Thanks,
Rajesh


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## _shel (Mar 2, 2014)

Yes if they meet the residence and other requirements


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