Migration Regulations 1994

The applicant meets the requirements of subclause (2), (3), (3A) or (4).

The applicant meets the requirements of this subclause if the applicant was lawfully present in Australia for a period of, or periods that total, not less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:

was:

the holder of a permanent visa; or

an Australian citizen; and

was not the holder of:

a temporary visa (other than a Subclass 601 (Electronic Travel Authority) visa, a Subclass 773 Border visa, Subclass 956 Electronic Travel Authority (Business Entrant—Long Validity) visa, Subclass 976 Electronic Travel Authority (Visitor) visa or Subclass 977 Electronic Travel Authority (Business Entrant—Short Validity) visa held concurrently with the permanent visa); or

a bridging visa.

The applicant meets the requirements of this subclause if the applicant is outside Australia, and the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant:

has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant:

holds a permanent visa; or

last departed Australia as an Australian permanent resident; or

last departed Australia as an Australian citizen, but has subsequently lost or renounced Australian citizenship; or

was an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence.

The applicant meets the requirements of this subclause if the applicant is in Australia, and the Minister is satisfied that the applicant:

has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia; and

has not been absent from Australia for a continuous period of 5 years or more since:

the date of grant of the applicant’s most recent permanent visa, unless there are compelling reasons for the absence; or

the date on which the applicant ceased to be a citizen, unless there are compelling reasons for the absence.

The applicant meets the requirements of this subclause if the applicant is a member of the family unit of a person who:

has been granted a Subclass 155 visa and that visa is still in effect; or

meets the requirements of subclause (2), (3) or (3A) and has lodged a separate application for a Return (Residence) (Class BB) visa.

Under clause 155.511:

if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for one year or less, the applicant will be granted a visa permitting the holder to travel to and enter Australia for the period of effect; and

if the applicant is a member of the family unit of a person whose Subclass 155 visa will be in effect for more than one year, the applicant will be granted a visa permitting the holder to travel to and enter Australia for one year from the date of grant.