Hi all,

I have a Skilled (Migrant) (class VE) subclass 176 (Skilled - Sponsored) visa that lapsed in June 2017, essentially a permanent resident. We only ever stayed in Aus for 11 months and came back in May 2014. I want (need) to go back this Easter for my daughter's wedding. Is if feasible to just get a holiday visa or do I need to go through the right to return which seems a little overkill for a 10 - 14 day trip.

Thanks in advance

Adam

This is what ChatGTP says, whilst I use AI and LLM's at work frequently I'm not so sure on trusting it on a subject I don't know very well.:-

Here’s the practical picture for your situation — you still technically hold Australian permanent residency (your subclass 176 visa doesn’t “expire” in the sense of disappearing once granted), but your travel facility did expire long ago (since you left in 2014/2015 and haven’t returned). That travel facility is what allows you to return to Australia as a permanent resident after going overseas. Once that expires (usually after 5 years from grant), you can’t re-enter on your old PR without first fixing things.

Can you just travel on a holiday/visitor visa?

Yes — you can apply for a normal visitor visa (e.g., ETA subclass 601 or Visitor Visa subclass 600) from the UK to come to Australia for Easter and your daughter’s wedding, provided you meet the visitor visa requirements (purpose of visit, funds, ties to the UK, character, etc.). As a UK passport holder, that’s usually straightforward.

However — and this is important — if you enter Australia on a visitor visa while holding Australian permanent residency with an expired travel facility, this can have negative consequences on your ability to later reinstate/retain your permanent resident status. Some people online caution that taking a temporary visa while your PR travel rights are expired can complicate future RRV/citizenship pathways.

Do you need a Resident Return Visa (RRV)?

If you want to return as a permanent resident — i.e., enter Australia under your old PR so that your permanent residency rights and return ability stay intact — then yes, you must apply for a Resident Return Visa (Subclass 155 or 157) before coming back.

• Subclass 155: If you meet the usual requirements (often spending at least 2 of the last 5 years living in Australia as a PR), you can get a longer travel facility (often 5 years).
  
• Subclass 155 (with strong ties): If you don’t meet the residence requirement (which sounds likely, since you only stayed ~11 months and then were out for ~10 years), you might still qualify for a shorter travel facility (often 12 months) if you can show substantial ties to Australia — personal, business, cultural or employment ties that benefit Australia.
  
• Subclass 157: If you don’t meet either the residency or ties criteria, you may still apply for a shorter RRV (sometimes a few months) on compelling and compassionate grounds (e.g., family wedding).
  

Key point: your permanent residency itself is technically still valid, but without a valid RRV you cannot re-enter Australia as a permanent resident — and entering on a visitor visa doesn’t fix that.

What’s the best practical approach for Easter?

Option A — Apply for a Resident Return Visa (RRV) first
✔ Keeps your permanent residency intact and lets you enter as a PR.
✔ If you can show strong ties (e.g., family connections), you might get a 12-month or longer travel facility.
✘ This requires compiling evidence and filing the application before travel; processing times vary.

Option B — Apply for a Visitor Visa
✔ Usually quicker and easier just for a short holiday/wedding trip.
✘ You would enter on a temporary visa, which could affect your PR travel rights/ability to get an RRV later (some migration advisers caution this could complicate future RRV/citizenship pathways) — so it’s best to get professional advice if this matters for your longer-term plans.

What to do now

1. Check your visa status on VEVO (Australian Department of Home Affairs) to confirm exactly what visa you hold and its travel facility status.
   
2. Consider applying for the appropriate RRV (155/157) before you travel if you want to preserve your PR and return as a PR.
   
3. If timing or eligibility for an RRV seems tricky and all you need is a short visit, a visitor visa will let you attend the wedding, but talk to a MARA-registered migration agent about the impact on your PR.
   

If you want help narrowing down which specific temporary visa to apply for and how to prepare a strong RRV application (especially on ties/compelling reasons), just say so and I can walk you through it.

If you think you may ever want to use your PR again, living in Australia, then applying for a RRV would be the way to go, as there is a chance that the ETA will cause your PR to be cancelled, as you can only hold one visa at a time.
If you really aren't bothered about keeping your PR, then just apply for an ETA.

So to complicate matters my daughter is 17, will she be in the same boat regarding permanent residency?, she was 4 when it was granted. For example if she wants to can she apply for a subclass 417 in a few years, might that be impacted? Cheers.

Likewise, she could apply for a RRV, though personally I think her chances are thin. And as with you getting a holiday visa, if she gets a WHV it would probably over-ride the permanent residence.
To get a five year RRV you need to have spent 2 of the last 5 years in Aus. Less than that, and the best RRV you will get is 12 months, & maybe only 3 months. The loner you stay out of Aus and with no strong ties, the less your chance of an RRV being granted.

And many people who apply for an ETA instead find it cancels out their PR visa.