Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p6
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 6/178)
Character Range: 1438131–1441001

applicable to grant

151.411
  If the applicant is outside Australia at the time of application, the applicant must be outside Australia at the time of grant.

151.412
  If the applicant is in Australia at the time of application, the applicant must be in Australia at the time of grant.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
151.5—When visa is in effect

151.511
  Permanent visa permitting the holder to travel to and enter Australia for a period of 5 years from the date of grant.
151.6—Conditions

151.611
  For an applicant who was outside Australia at the time of application:
 (a) first entry must be made before a date specified by the Minister for the purpose; and
 (b) condition 8502 may be imposed.
Note: No conditions have been prescribed for other applicants.

Subclass 155—Five Year Resident Return
155.1—Interpretation
Note: Australian permanent resident is defined in regulation 1.03.
155.2—Primary criteria
Note: All applicants must meet the primary criteria.
155.21—Criteria to be satisfied at time of application

155.211
  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.

155.212
 (1) The applicant meets the requirements of subclause (2), (3), (3A) or (4).
 (2) 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:
 (a) was:
 (i) the holder of a permanent visa or a permanent entry permit; or
 (ii) an Australian citizen; and
 (b) was not the holder of:
 (i) 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 the permanent entry permit); or
 (ii) a bridging visa.
 (3) 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:
 (a) 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:
 (i) holds a permanent visa; or