Compelling Reasons for Absence – Overview
For applicants who have been absent from Australia for more than 5 continuous years, or for those applying for a 157 RRV, providing compelling reasons for their absence is essential. Compelling reasons must explain why the applicant could not return to Australia despite their intention to do so. The Department of Home Affairs assesses these reasons on a case-by-case basis, considering whether the circumstances were beyond the applicant’s control and whether they still maintain a connection to Australia.
Examples of Compelling Reasons
- Family Obligations
Situations where an applicant had to care for a close family member due to serious illness, disability, or other personal responsibilities can be considered compelling. Examples include:- Providing long-term care for a sick or elderly parent.
- Supporting a family member going through a critical life event, such as medical treatment or legal proceedings.
- Delays in returning due to custody battles or family disputes requiring resolution.
- Medical or Health Issues
If the applicant or their immediate family member suffered from a significant health condition that prevented travel, this could be considered a valid reason. Examples include:- Undergoing major surgery or long-term medical treatment overseas.
- Being unable to travel due to pregnancy complications or serious injuries.
- Caring for a dependent who was medically unfit for travel.
- Employment or Career Commitments
Some applicants may have been engaged in overseas employment that benefited Australia or was necessary for their professional growth. Examples include:- Being on an international assignment for an Australian company.
- Serving in a government or humanitarian role overseas.
- Completing a work contract that had legal or financial implications if terminated early.
- Global Events or Travel Restrictions
Unexpected events such as wars, natural disasters, or global pandemics may have prevented an applicant from returning. Examples include:- Being stranded due to COVID-19 travel restrictions.
- Living in a country affected by war or civil unrest.
- Natural disasters, such as earthquakes or floods, disrupting travel plans.
- Education and Training
If an applicant was pursuing essential studies or professional training overseas that was not available in Australia, this could be a compelling reason. Examples include:- Completing a degree in a specialized field with plans to return and contribute to Australia.
- Undertaking a government-sponsored or industry-specific training program abroad.
Providing Evidence for Compelling Reasons
To support an RRV application, applicants must provide documents and proof related to their compelling reasons. This may include:
- Medical records or doctor’s certificates.
- Legal documents such as custody agreements or court rulings.
- Employment contracts or letters from employers explaining overseas assignments.
- Official travel restrictions or government notices affecting return.
- Educational enrollment documents showing study commitments.
Compelling reasons must be genuine and well-documented to justify an extended absence. Even if compelling reasons are accepted, the visa validity may be limited, requiring the applicant to return and re-establish their presence in Australia.
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