151 Former Resident Visa Lawyers
Subclass 151 visa allows former residents who spent most of their childhood in Australia as permanent residents, and former residents who served in the Australian Defence Force to obtain permanent residence. This visa has two (2) cohorts:
- Long Residence
- Defence Services
Applications for Subclass 151 visas can be lodged either onshore or offshore. In the event of the onshore visa application, an applicant must neither hold nor have held a Subclass 771 (Transit) visa, and satisfy the Schedule 3 criterion 3002.
Long Residence Requirement
To be eligible, the applicant must:
- Have become a permanent resident before the age of 18 and spent more than 9 years in Australia as an Australian permanent resident.
- Be younger than 45 years of age at the time of the application.
- Not have acquired Australian citizenship.
- Have maintained business, cultural or personal ties with Australia whilst no longer a permanent resident.
- E.g. Regular contacts with relatives or friends, frequent visits, owning property or having active business interests.
*If you were granted a permanent visa after turning 9 years old, you are not eligible for Subclass 151 visa in the Long Residence stream
Defence Services Requirement
To apply as what is so called “defence service applicant”, you must have:
- Served at least three (3) continual months in the Australian Defence Force; or
- Served for fewer than three (3) months in the Australian Defence Force because you were discharged on medical grounds.
Relevant Public Interest Criteria
“One fails, all fail” criteria applies preventing the primary applicant from being granted a visa if family unit members fail to satisfy certain PICs and SRCs (as per above). In the event of minors, the primary applicant cannot be granted a visa if granting a visa to any minor described in this provision would prejudice the custody (or similar) rights of another person.
4001, 4002, 4003, 4004, 4009, 4010, 4021 and 4019 (if applicable)
Additional PIC may be imposed depending on the grounds for the application, the location and age of the applicant at the time of application.
Relevant Special Return Criteria
5001, 5002 and 5010
Visa Conditions
All visas granted to offshore applicants must specify a date of first entry. In addition, the Department may impose:
- 8502: The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
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