Resident Return Visa Approved After 27 Year Absence

Problem

We were approached by an Italian national who claimed to have been a former Australian Permanent Resident more than 27 years before our first meeting. 

Our client was in Australia, holding a temporary visa and requested our assistance with a Permanent Visa. She was a former Australian Permanent Resident more than 27 years before our first meeting. 

Desperate for a solution, our client met with numerous migration agents and lawyers in Sydney who told her that her case was impossible as she had been absent from Australia for a substantial period. 

After taking the time to assess our client’s history, we decided that a Subclass 155 (Resident Return) visa might be suitable. This was despite the fact Australia’s immigration policies suggest that a favourable outcome would be almost impossible to achieve.

Facts 

Between 1977 and 1982 our client as a permanent resident began to establish her life in Australia. She studied English and obtained a full-time job and did an excellent job of integrating into society. 

Unfortunately, due to circumstances beyond her control she was forced to depart Australia for the first time in 1982 as her family circumstances required that she accompany her incapacitated Grandmother on her return to Italy. 

Our client’s Mother had remained in Australia to take care of her immediate family, which included her Father and younger sister who was ten years her Junior. The major problem with our clients Grandmother at the time was that her physical condition began to deteriorate, and she wanted to see her family in Italy before her condition worsened. Also, our clients Grandmother was the youngest in her family and with her siblings who were much older were physically incapable of providing the support required during this period. Her grandmother was suffering from vascular disease, severe walking impairment, heart disease and obesity.

Whilst in Italy, our client met her husband in 1985, and they were later married in 1987. It soon followed that her Grandmother would, unfortunately, pass away.

Our client had until 1987 to return to Australia before her permanent residence or Return Endorsement (RE) as it was known at the time would have expired.

Following her marriage, our client had the cultural duty imposed on her to assume the role of the carer of her Mother in law, who, unfortunately, suffered from Alzheimer’s disease and required the support of a full-time carer. Unfortunately, her mother in law passed away in 1998.

Our client regarded both Australia and Italy as home. In Australia, her younger sister was a full-time University Student and her father was a full-time factory worker who relied on his employment to support his family. To further complicate our client’s predicament, her father suffered from severe depression, heart disease and dilated cardiomyopathy and underwent six bypass surgeries in 1998.

Whilst her father was sick, our client was unable to return to Australia as she was pregnant and due to have her second child. Her father passed away and not long after, rumours in Italy began to spread that our client had inherited a large sum of money and was wealthy. The truth of the matter is that because our client’s father worked in a factory he was barely able to meet basic living standards, however, this did not discourage opportunistic individuals in Italy from trying to extort my client and her husband. The culprits – the Italian Mafia.

Desperate to return to Australia, our client returned in 2008 with the help of her previous migration agent on a Subclass 457 visa. Since arriving in Australia, our client had worked diligently and competently for her sponsoring employer and to her disadvantage, the employer was subject to a sanction imposed by the Department of Immigration as a result of numerous breaches of their sponsorship obligations.  The subsequent action taken by the Department has resulted in a refusal of a nomination and visa application made by our client’s previous migration agent under the Employer Nomination Scheme.  At this stage, our client felt that her ability to re-acquire her permanent residence was highly unlikely.

Outcome 

We are pleased to confirm the Subclass 155 (Resident Return) Visa application was approved. Our client’s circumstances have since changed and she is now an Australian citizen.