Unsure whether to apply for a Resident Return Visa or Child Visa? Our Parramatta & Sydney migration lawyers explain what to do if your child never activated their Australian PR.
It’s not uncommon for families granted Australian permanent residency (PR) who later leave Australia and for child seeking to return to Australia.
For example, parents granted PR in 2013 may have since lived continuously in Australia, while their child, included in the same visa grant, left Australia as a minor with the parents.
Years later, many ask:
“Can we apply for a Resident Return Visa (RRV) for our child, or do we need to lodge a new Child Visa (Subclass 101)?
What Is a Resident Return Visa (RRV)?
The Resident Return Visa (subclass 155 or 157) allows Australian permanent residents to maintain or regain PR status if compelling and compassionate circumstances can be established along with other relevant factors.
Quick Tip:
An RRV can only be granted to someone who has already held and activated their permanent residency by entering Australia.
Why the Child Is Eligible for an RRV
Even though the child was included in the original PR grant and left Australia as a minor to live abroad with parents, with a detailed submission a 155 RRV visa may be applied for explaining full details of event that took place.
When should a Child visa be applied for? Apply for a New Child Visa
If your child never travelled to Australia, you’ll need to lodge a new application under one of the following:
- Subclass 101 (Child Visa – Offshore): for children applying outside Australia
- Subclass 802 (Child Visa – Onshore): for children already in Australia on a valid temporary visa
The sponsoring parent must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.
Documents Needed for a Child Visa Application
A strong application requires detailed evidence to demonstrate the parent–child relationship and ongoing dependency. You should prepare:
- Birth certificate showing the parental relationship
- Evidence of parent’s Australian PR or citizenship
- Current passport copies and identity photos
- Proof of ongoing financial dependency and communication
- Consent letters from both parents or Family Court orders for child/ren under 18 years of age
How Tolic Lawyers Can Help
At Tolic Lawyers, our experienced Sydney and Parramatta migration lawyers specialise in:
- Assisting families and children with 155 RRV visa applications
- Preparing decision-ready Child Visa applications (Subclass 101/802)
- Providing tailored legal submissions to explain past circumstances
We ensure your application is accurate, complete, and compliant, giving you the best chance of approval.
Book a Consultation – Let’s Bring Your Family Together
If your child never entered Australia after their PR was granted, applying for the wrong visa could lead to delays or refusal.
Speak to a migration lawyer in Parramatta or Sydney today for professional advice on the Resident Return Visa and Child Visa options.
Book a Consultation: https://toliclawyers.com.au/contact-us
Call: (02) 8077 2562
Let Tolic Lawyers help you reunite your family in Australia with the right legal pathway.
Disclaimer
This article provides general information only and does not constitute legal advice. For personalised assistance with your Resident Return Visa (RRV) or Child Visa (Subclass 101/802) application, contact Tolic Lawyers, your trusted Parramatta and Sydney migration lawyers.
