You would simply renew your PR (Permanent Residence) under a Resident Return Visa which would grant you another 5 years and you repeat the process every five years.
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How can I travel in and out of Australia after five years as a 132 visa holder?
I heard that 132 visas only grant holders the right to live permanently in Australia. But as of travel, there is a limit of five years. How can I travel freely in and out of Australia after five years if I don’t want to naturalize?
Answers
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You just can’t remain out of the country without a resident return visa but can most certainly travel for shorter periods.
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One of the attractive features of the subclass 132 visa is direct permanent residency. Most business/investor visas in Australia are under subclass 188 and two stages which require a specific amount of stay in Australia to qualify for the permanent residency. Under the subclass 132 significant business history, a business owner must have a high-level business history overseas with a turnover of at least AUD$3m. Typically business owners of this scale are reluctant to exit their overseas business operations, and this visa can allow them to remain overseas without any specific stay requirements in Australia. There is however a requirement to actively manage, on a day to day continuous basis making strategic decisions, the business in Australia for the first 3 years under the visa, as well as maintaining substantial ownership interest. There will be a review at the 2-year mark, but the requirements exist for 3 years. If this is not met the visa is likely to be canceled. there are further requirements that would be considered before this occurs. A further permanent visa is through the resident return visa (subclass 155 is the main visa). If the applicant has not met 2 years of stay as a permanent visa holder during the preceding 5 year period, then they must either apply based upon substantial ties that are of benefit to Australia, or through family (if the applicant is the member of their family unit, eg. a spouse) if that family member holds a permanent visa. This answers your question-you can demonstrate that through your day to day management and a substantial ownership interest in your business in Australia that you have substantial business ties that are of benefit to Australia. Generally my clients under the subclass 132 significant business history use this strategy. If you are not maintaining the management and ownership responsibilities, then you have larger issues as your visa is subject to cancellation. I recommend you talk to a registered migration agent as soon as possible to discuss strategies to avoid this.
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You can apply for“Resident Return Visa” Subclass 155 (RRV) which allows you totravel and re-enter Australia as a permanent resident. RRV is grated for a specified period of time depending on your circumstances. After that period, you will need to apply for another to re-enter Australia as a permanent resident. Thus without being naturalized, you can continue to apply for another RRV on expiry of existing and remain as a permanent resident.
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Any permanent visa grants the visa holder the right to stay indefinitely in Australia, but will only have a five-year travel facility. After this time it will be necessary to apply for a Resident Return 155 visa in order to travel. This visa replaces the previous permanent visa and will allow the visa holder another 5 years of travel in and out of Australia. The residency requirement to receive the full five-year travel facility is that you have resided in Australia for at least two years in the last five. If you have been physically present in Australia for less than this period of time you will be granted a Resident Return 155 visa with a 12-month travel facility. To avoid the necessity of applying for a Resident Return every five years (or every 12 months depending on the travel facility granted), the visa holder can apply for citizenship.
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