Subclass 157 — Three Month Resident Return

157.1—Interpretation

Note: Australian permanent resident is defined in regulation 1.03.

157.2—Primary criteria

Note: All applicants must satisfy the primary criteria.

157.21—Criteria to be satisfied at time of application

157.211

The applicant:

(a) is an Australian permanent resident; or

(b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or

(c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled.

157.212

(1) The applicant meets the requirements of subclause (2) or (3).

(2) The applicant meets the requirements of this subclause if the applicant:

(a) was lawfully present in Australia for a period of, or periods that total, not less than 1 day but less than 2 years in the period of 5 years immediately before the application for the visa and, during that time, the applicant:

(i) was:

(A) the holder of a permanent visa; or

(B) an Australian citizen; and

(ii) was not the holder of:

(A) 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

(B) a bridging visa; and

(b) either:

(i) has compelling and compassionate reasons for departing Australia; or

(ii) if outside Australia, had compelling and compassionate reasons for his or her last departure from Australia.

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

(a) has been granted a Subclass 157 visa and that visa is still in effect; or

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

157.213

If the applicant is outside Australia, the applicant has not been absent from Australia for a continuous period of more than 3 months immediately before making the application for the visa, unless the Minister is satisfied that there are compelling and compassionate reasons for the absence.

157.22—Criteria to be satisfied at time of decision

157.221

If the applicant is outside Australia, the applicant satisfies special return criterion 5001.

157.222

The applicant satisfies public interest criterion 4021.

157.3—Secondary criteria: Nil.

Note: All applicants must satisfy the primary criteria.

157.4—Circumstances applicable to grant

157.411

The applicant may be in or outside Australia, but not in immigration clearance, at the time of grant.

157.5—When visa is in effect

157.511

Permanent visa permitting the holder to travel to and enter Australia for a period of 3 months from the date of grant.

157.6—Conditions: Nil.