Migration Act - Resident Return Visa - ‘substantial ties of benefit to Australia’ - Australian Citizenship Act - Close and Continuing Association
‘Substantial ties of benefit to Australia’ & ‘Close and Continuing Association with Australia’
Migration Act 1958 (Cth) - Australian Citizenship Act 2007 (Cth)
[A] Australian Citizenship Act - Conferral - Part 2 Div 2 Subdiv B
CPI 1 - Citizenship by Conferral - General Eligibility <https://legend.online.immi.gov.au/legend_current_c/2026/08-05-2026/policy/Pages/_document00000/_document000015/level%20100001.aspx>: “3.3.1.5. Likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved – paragraph 21(2)(g) of the Act Under paragraph 21(2)(g) of the Act an applicant must meet at least one of the following: is likely to reside in Australia; or is likely to continue to reside in Australia; or is likely to maintain a close and continuing association with Australia. It is important to note that the requirement to maintain a close and continuing association refers to an association with Australia, not with Australians. For guidance on assessing this refer to CPI 11 – Assessing likelihood to reside or continue to reside in, or maintain close and continuing association with Australia – PI (VM 5288). … 3.3.1.6. Good character – paragraph 21(2)(h) of the Act Under paragraph 21(2)(h) of the Act all applicants for Australian citizenship aged 18 and over must be of good character at the time a decision is made on their application. For information on assessing this refer to CPI 15 – Assessing Good Character under the Citizenship Act – PI (VM-5392). …”
CP15 - Assessing Good Character under the Citizenship Act<https://legend.online.immi.gov.au/legend_current_c/2026/08-05-2026/policy/Pages/_document00000/_document000015/level%20100015.aspx>.
CP11 - Assessing likelihood to reside or continue to reside in, or maintain a close and continuing association with Australia <https://legend.online.immi.gov.au/legend_current_c/2026/08-05-2026/policy/Pages/_document00000/_document000015/level%20100011.aspx>, archived at <https://perma.cc/L3PE-YTAT>. “3. Applications for citizenship by conferral Applicants for citizenship by conferral who are seeking to meet the requirements for citizenship by conferral under subsection 21(2), 21(3) or 21(4) of the Act must be likely to: reside in Australia; or continue to reside in Australia; or maintain a close and continuing association with Australia. This means the delegate must assess whether a person is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia, if the person’s application for citizenship were to be approved, which involves making a finding about the applicant’s future plans or intentions. The delegate may seek information at the time of their citizenship interview/test (as applicable), through a written Request For Information (RFI) or during a phone interview (for example, for an applicant who is not required to sit the test or where further information is required after approval of the application). The distinction between being ‘likely to reside’ or ‘likely to continue to reside’ depends on the applicant’s circumstances at the time of lodging their application. If they are resident in Australia, it is a question of whether they will continue to be resident in Australia should their application be approved. If they are resident overseas, it is a question of whether they are likely to return to Australia to reside in the future. Applicants that fail to meet either of these limbs may provide evidence to demonstrate they will maintain a close and continuing association with Australia if their application were to be approved. Further information to assist delegates in determining whether an applicant’s claims are reasonable, and the process of providing the applicant with natural justice and re-assessing their intention to reside, to continue to reside, or to maintain a close and continuing association with Australia is available in Conferral applicants residing overseas – SOP (VM-6619). Further information is also available in: CPI 1 – Australian Citizenship by Conferral – General Eligibility – PI (VM-5278); CPI 2 – Australian Citizenship by Conferral – Permanent or Enduring Physical or Mental Incapacity – PI (VM-5279); and CPI 3 – Australian Citizenship by Conferral – 60 or Over or Impairment – PI (VM-5280). … 3.3. Absences from Australia Applicants may travel overseas during processing of their application for a range of reasons, for varying amounts of time or indefinitely. An absence from Australia of six months or more may trigger the delegate to examine the applicant’s intentions. Further assessment is necessary if the applicant: states they expect to be overseas indefinitely (with little or no explanation as to why they will be overseas); has taken employment overseas (either ongoing or contractual); has been overseas for six months or more and did not mention their travel plans on their application form, ImmiAccount or contact the Department when they left; or has not responded to communication from the Department. In such situations, delegates should send an RFI to the applicant to provide evidence to show that the applicant does intend to reside in Australia, continue to reside in Australia, or maintain a close and continuing association with Australia. Where the claimed return date and evidence provided is within a reasonable timeframe, for example three months, it is open to the delegate to await the applicant’s return to Australia prior to making a decision on the application. Claims that are unsupported by evidence and have little detail are to be given little weight. Depending on the circumstances, acceptable evidence may include: medical documentation for a sick relative (also evidence of the relationship between the applicant and the claimed relative); a flight itinerary showing a return date to Australia within three months of the RFI; or a letter from their Australian-based employer stating the applicant is on approved leave and is due back to work on a particular date (within three months of the RFI). Depending on the response, a natural justice process may be initiated. Refer to CPI 17 – Decision Making under the Citizenship Act – PI (VM-5253). 3.4. Likely to reside, or to continue to reside in Australia The words comprising the phrase ‘likely to reside, or to continue to reside’ are to be given their ordinary meaning in the context in which they appear. The Macquarie Dictionary Online defines: ‘likely’ as probably or apparently going or destined (to do, be, etc.) – in the context of the requirements of the Act, this means it is probable rather than possible that the person will reside in Australia; ‘reside’ as to dwell permanently or for a considerable time; have one's abode for a time – in the context of the requirements of the Act, this means the person’s home in which they ordinarily live is in Australia. The person’s intention to reside in Australia may be investigated if the applicant: has indicated they will be outside Australia for six months or more during the processing of their application; or has indicated they will reside outside Australia after obtaining Australian citizenship; for example, they have indicated an intention to migrate elsewhere or to take up employment outside Australia; or missed their scheduled citizenship ceremony; or has made contact with the Department requesting an overseas ceremony (refer to section 3.6 below for further information on steps to consider) . Past international movements may also indicate that a person’s intention to reside in Australia may require further investigation. For example, a person having spent significant periods of time outside Australia while a permanent resident and who is seeking to have the Ministerial discretion in subsection 22(9) of the Act applied to their circumstances may be an indicator they are not residing in Australia. However, evidence of the person’s intended residence is to be considered. Refer to CPI 8 – Residence Requirements and Discretions – PI (VM-5285). 3.5. Likely to maintain a close and continuing association with Australia The words comprising the phrase ‘likely to maintain a close and continuing association’ are given their ordinary meaning in the context in which they appear. The Macquarie Dictionary Online defines: ‘maintain’ as to keep in existence or continuance; preserve; retain; ‘close’ as near, or near together, in space, time, or relation; ‘continuing’ as to last or endure; ‘association’ as the act of associating … connection or combination. It is important to note that the requirement to maintain a close and continuing association refers to an association with Australia, not with Australians. This means that a close and continuing association with immediate/extended family or other social relationships or networks in Australia, on its own, may not be a sufficient factor to meet this requirement, although each case must be considered on its own merits. While not defined in legislation, the purpose of this part of the requirements is that the applicant demonstrates that they are participating in the Australian community, although they are not residing in Australia. This may include, but is not limited to: participation in a community group that provides services or engages in activities of benefit to the Australian community; undertaking education or profession-based studies with an Australian institution; or membership of a board or committee of a club, charity or other entity that provides services, recreational or educational opportunities in Australia. Note: membership of a club or other body in itself is not likely to amount to participation in the Australian community; nor is usage of a club’s facilities for private purposes when in Australia. For example, a person who is outside Australia may still contribute to activities to improve the facilities of a golf club for the benefit of the community by donating funds, participating in fundraising activities, or donating their time and skills in other ways, such as through computer based work or time serving on a committee.”
[B] Resident Return Visa - Subclass 155 - ‘substantial ties of benefit to Australia’
PAM3 for SC 155/157 Visa <https://legend.online.immi.gov.au/migration/2025-2028/2026/08-05-2026/policy/Pages/_document00003/level%20100114.aspx>, archived at <https://perma.cc/PQK8-F5FY>: “3.8. Subclass 155 - ‘substantial ties of benefit to Australia’ The ‘substantial ties of benefit to Australia’ requirement is relevant to assessing applications against subclauses 155.212(3) and (3A). The requirement is intended is to give officers discretion and flexibility to grant a visa with a 1 year travel facility to applicants who have substantial ties of a business, cultural, employment or personal nature which are of benefit to Australia and are contributing to Australia’s wellbeing, but who do not meet the residence requirement (155.212(2)). The ‘substantial ties of benefit to Australia’ provision recognises that people’s lives change over time and that in a mobile global world people may spend time in other parts of the world for various reasons. Relevant considerations in determining whether applicants meet the ‘substantial ties of benefit to Australia’ requirement may include any of the following: Time spent in Australia compared with time spent overseas since commencement of permanent residence. Close family links to Australian citizens and/or Australian permanent residents who may be residing overseas, but have substantial ties to Australia themselves and an evidenced intent to resume residency in Australia in the future, such as property, assets, family and/or employment. Factors such as the experience, skills, international contacts and reputation that people are developing while overseas and will bring back when they resettle in Australia. Assets (in particular cash assets and property) in Australia or overseas that the applicant may retain in Australia or bring to Australia in the future. 3.8.1. ‘Substantial ties of benefit to Australia’ – meaning and assessment As none of the terms in this provision are defined in migration law, their ordinary meanings, and policy guidance as to their meanings, apply. Officers may consider: whether the applicant has business, cultural, employment or personal ties with Australia and, if so: whether the ties are substantial - that is, are they considerable and have real worth or value - this part of the criterion is about the quantity and value as they relate to the applicant, and may be personal or financial Whether the ties are of benefit to Australia - this part of the criterion requires that there is a demonstrable benefit to Australia arising from the substantial ties the whole of an applicant’s circumstances, and determine whether cumulatively an applicant has substantial ties of benefit to Australia any demonstrated intent to live in Australia (for example where the applicant has or is buying residential property in Australia, or has enrolled their children in school). The relevant provisions do not require the ‘benefit to Australia’ to be of a particular quantity or quality (in comparison with the requirement that any claimed business, cultural, employment or personal ties with Australia must be ‘substantial’). These provisions merely require an applicant to demonstrate that, at least, a single ‘benefit to Australia’ exists (in connection with any identified ties). That is, the ‘benefit to Australia’ element has a low threshold and does not need to be weighed in terms of its ‘extent’ - it need only exist. 3.8.2. Assessing substantial business ties of benefit to Australia Business activity implies ongoing, regular activity that: is commercial in nature has an intention to make a profit and has a system of record keeping and management that substantiates the business activity claimed. Under policy, the business must be an Australian business or a branch of a business which has connections with Australia. In assessing whether a business tie is a ‘substantial tie of benefit to Australia', it is relevant to consider: whether the activities of the business have led to the creation of employment, in or outside Australia, for Australian citizens or permanent residents, including any evidence of downstream creation of employment in Australia where there is a direct connection with the applicant’s business activities whether it generates revenue in or for Australia the size of the business if the business activity enhances links with other countries whether the activity has led to production of goods or services in Australia of merchantable quantity whether the business is actively trading at the time of application whether the business is exporting Australian knowledge and technology whether the business is introducing new technology into Australia. Evidence that may support a claim includes: company reports defining the applicant’s role and authority business transactions recent taxation assessments of the business in Australia partnership or joint venture agreements contracts showing applicant’s signature business and personal records. With regard to an applicant whose relationship with a family business in Australia is by means of ownership of shares, the shares would need to be sufficient to generate a substantial income for the applicant or be such that the business could not operate without them. A professional investor is a person who makes a living from active management of an investment portfolio (that is, their investments constitute their business and they are actively involved in decisions concerning the evaluation, selection, investment and sale of their assets). If an applicant has substantial, actively managed investments in Australia, they may be considered to satisfy the business tie criterion. 3.8.3. Assessing substantial cultural ties of benefit to Australia An applicant involved in any of a range of intellectual, artistic, sporting or religious pursuits which are not of a business or employment nature may be considered to have a cultural tie with Australia. A substantial cultural tie of benefit to Australia may exist if the applicant’s cultural pursuits are conducted at a professional level or with a degree of public recognition. Examples of applicants who may have substantial cultural ties of benefit to Australia include: a person who is accepted as a member of a cultural community within Australia and who is actively involved in traditional activities a person involved in the arts at a professional level members of religious communities in Australia sportspersons or professional support staff who are members of Australian sporting associations. Evidence that may support a claim includes: publications written by the applicant contracts evidence of membership of cultural associations newspaper articles about the applicant programs listing artistic or cultural performances the applicant is involved in. 3.8.4. Assessing substantial employment ties of benefit to Australia In assessing whether an employment tie is substantial and of benefit to Australia, a relevant consideration is whether the applicant is employed in a permanent, temporary or contract capacity, and whether an agreed wage or salary is paid to undertake the work. Casual work would not normally be considered to be a substantial tie unless the applicant had been living in Australia for at least 1 year in the last 2 years. Repeated claims of offers of employment over subsequent applications (in circumstances where the employment has not eventuated or where the applicant has been in Australia for a limited time since the grant of their last permanent visa) may be given less weight and a higher level of evidence requested from the applicant in relation to their intentions. Favourable consideration may, however, be given to applicants who hold a visa with work rights and are in the process of finding suitable paid employment. Employment outside Australia may be considered to be an employment tie of benefit to Australia where a person is employed by: an Australian organisation (for example, a company, university, college, religious organisation) a Commonwealth, state, territory or local government organisation (including a government business enterprise or a statutory authority/agency) the Australian office of an international charity organisation as a representative of Australia in an international organisation to which the International Organisations (Privileges and Immunities) Act 1963 applies within the meaning of s3(1) of that Act. Evidence to support a claim includes: employment contracts a letter of offer from an employer recent official documents such as group certificates and payslips employee identification or security pass. A person posted overseas by an Australian company would generally have a salary base in Australia or employment documentation confirming their circumstances. 3.8.5. Assessing substantial personal ties of benefit to Australia Substantial personal ties may be of benefit to Australia if the applicant is, or has been, a participating member of the Australian community and economy, and their ties enrich the lives of individual Australian citizens and residents. This may include regarding Australia as home or having an intention to reside in Australia. The following scenarios and evidence to support such claims of personal ties may be accepted: enabling a family unit to remain together can be considered of benefit to Australia, particularly if there is evidence of an imminent intention for the family unit to domicile themselves in Australia. the applicant has personal assets in Australia (including cash assets). For example, they own or are buying a family home or single investment property. Although ownership of a home or investment property in Australia may substantiate a personal tie, whether there is a benefit to Australia will depend on whether it is occupied, for example, by a close family member or is actively being rented. It is recognised that a person may have substantial ties to more than one country. RRV criteria do not require an applicant to have greater ties to Australia than to any other country, but merely to have substantial ties which are of benefit to Australia. 3.8.6. Where substantial employment and personal ties of benefit to Australia are met under policy For consistency in decision making and to ensure best practice, in addition to the examples provided above, the below table provides some concrete scenarios of when substantial employment or personal ties of benefit to Australia may be considered to be met under policy. That is, where any of the below applies, officers may accept that the applicant has a substantial tie of benefit to Australia. …”