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Do I have to leave the country if/when I get PR ?

Do I have to leave the country if/when I get PR ?

Old Nov 17th 2002, 11:00 pm
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Default Do I have to leave the country if/when I get PR ?

I have heard from a few people that I would have to leave the country to get my PR visa validated, if/when I eventually get it. Does anyone know if this is correct ?

I've been in Oz for 2 years already on a temp 457 visa.

Why can't I just go down to the immigration office closest to me to get it validated ?
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Old Nov 18th 2002, 1:54 am
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Default Re: Do I have to leave the country if/when I get PR ?

Originally posted by onlyme
I have heard from a few people that I would have to leave the country to get my PR visa validated, if/when I eventually get it. Does anyone know if this is correct ?

I've been in Oz for 2 years already on a temp 457 visa.

Why can't I just go down to the immigration office closest to me to get it validated ?
not unless this a new rule or something.

I was on a Business visa for four years (subclass 457), untill 2000... I applied for PR in 2000.. just before my business visa run out.. And I didn't have to leave the country.. So the answer is no, unless "they've" changed the rules since I got/applied for PR.

cheers
P.S.. after being approved.. that's exactly what I did.. went to the immigration office in Brisbane with my letter of approval, and they stamped/glued in the PR ticket/paper in my passport.

Last edited by Ceri; Nov 18th 2002 at 2:01 am.
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Old Nov 18th 2002, 3:26 am
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Default Re: Do I have to leave the country if/when I get PR ?

Assuming you are applying for a skilled visa such as a Skilled Independent or Skilled-Sponsored visa - yes you do. These visas are considered to be offshore applications and as things stand presently you must be outside Australia when your permanent residency visa is granted.

Best regards.



Originally posted by onlyme
I have heard from a few people that I would have to leave the country to get my PR visa validated, if/when I eventually get it. Does anyone know if this is correct ?

I've been in Oz for 2 years already on a temp 457 visa.

Why can't I just go down to the immigration office closest to me to get it validated ?
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Old Nov 18th 2002, 3:27 am
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Default Re: Do I have to leave the country if/when I get PR ?

Ceri,

Can you remind me - what visa do you hold currently?

Best regards.



Originally posted by Ceri
not unless this a new rule or something.

I was on a Business visa for four years (subclass 457), untill 2000... I applied for PR in 2000.. just before my business visa run out.. And I didn't have to leave the country.. So the answer is no, unless "they've" changed the rules since I got/applied for PR.

cheers
P.S.. after being approved.. that's exactly what I did.. went to the immigration office in Brisbane with my letter of approval, and they stamped/glued in the PR ticket/paper in my passport.
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Old Nov 18th 2002, 3:53 am
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Default Re: Do I have to leave the country if/when I get PR ?

Originally posted by Alan Collett
Ceri,

Can you remind me - what visa do you hold currently?

Best regards.
as written on my visa:

class BW Res
sub class 856
(which is a skilled sponsored visa.. company sponsored)

permitted to remain in australia indefinitely.
--------------------------------------------------
cheers

Before that it was sub class 457 (company sponsored visa... four year)

Last edited by Ceri; Nov 18th 2002 at 5:06 am.
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Old Nov 18th 2002, 5:39 am
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what do you make of this then...
an email conversation with immigration

I asked.
"So, according to the information you have given me, there is no need for a
person already in Australia on a temp 457 business visa to leave the
country
once PR is granted ? ie. They can just go to an immigration office to pick
up their PR visa and they are done ?"

they replied...
"A person in Australia on a subclass 457 visa is not permitted to remain in
Australia indefinitely. The subclass 457 visa is a temporary residence
visa. That said, where Migration law permits, a person in Australia on a
457 visa can make a further application for permanent or temporary stay.
If a person can lodge a valid permanent residence visa application in
Australia, in almost all cases they will be required to be in Australia at
the time of visa grant and as such they will not be required to leave
Australia for the purposes of visa grant."

I read this to say I did NOT have to leave the country.

But I suppose it depends on what "migration law permits" means.
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Old Nov 18th 2002, 6:31 am
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As I said in my last post on this thread, I am assuming that you (onlyme) are applying for a Skilled Independent visa. This from the Migration Regs in respect of sub-class 136:

136.4 CIRCUMSTANCES APPLICABLE TO GRANT

136.411 The applicant must be outside Australia when the visa is granted.

=> you cannot be in Australia when your visa is granted.

Your permanent residency visa, Ceri, is a different sub-class, namely an 856 Employer Nomination Scheme visa. This from the Regs regarding your sub-class:

856.4 CIRCUMSTANCES APPLICABLE TO GRANT

856.411 The applicant must be in Australia, but not in immigration clearance, when the visa is granted.

So it all depends on what visa you have applied for (onlyme) - skilled visas are designated offshore visas => you have to be outside Australia at time of visa grant.

Hope this helps.
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Old Nov 18th 2002, 12:07 pm
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Originally posted by onlyme
what do you make of this then...
an email conversation with immigration

I asked.
"So, according to the information you have given me, there is no need for a
person already in Australia on a temp 457 business visa to leave the
country
once PR is granted ? ie. They can just go to an immigration office to pick
up their PR visa and they are done ?"

they replied...
"A person in Australia on a subclass 457 visa is not permitted to remain in
Australia indefinitely. The subclass 457 visa is a temporary residence
visa. That said, where Migration law permits, a person in Australia on a
457 visa can make a further application for permanent or temporary stay.
If a person can lodge a valid permanent residence visa application in
Australia, in almost all cases they will be required to be in Australia at
the time of visa grant and as such they will not be required to leave
Australia for the purposes of visa grant."

I read this to say I did NOT have to leave the country.

But I suppose it depends on what "migration law permits" means.
onlyme... if you are sponsored by your company on your 457 like I was ( 4 year one I had), you can apply for PR skilled company sponsorship... like I did, and you do not need to leave Australia
I'm assuming your 457 is a company sponsorship.

if not I haven't got a clue!
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Old Nov 18th 2002, 9:24 pm
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Hello,

I am sponsored by my company for my 457 visa, but I applied independently for my skilled independent visa.

Now I'm totally confused. Do I stay or do I go now ??
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Old Nov 18th 2002, 9:29 pm
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Don't be confused! You have applied for a 136-skilled independent visa -=> see my reply above.

In other words you have to travel to (say) Singapore or Auckland for a few days holiday when your permanent residency visa is ready to be granted. Just tell DIMIA what you want to do when they are ready to grant your visa.

Hope this helps.


Originally posted by onlyme
Hello,

I am sponsored by my company for my 457 visa, but I applied independently for my skilled independent visa.

Now I'm totally confused. Do I stay or do I go now ??
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Old Nov 18th 2002, 10:29 pm
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Thanks Alan.

What a rip off !! That's another $1500 for me and the family to go abroad just for that purpose.
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Old Nov 19th 2002, 1:31 am
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Originally posted by onlyme
Thanks Alan.

What a rip off !! That's another $1500 for me and the family to go abroad just for that purpose.
Hmmm - I often wonder what's the cheapest destination for a quick exit/reenter weekend for grant of an offshore visa...
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Old Nov 19th 2002, 1:35 am
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Originally posted by ptlabs
Hmmm - I often wonder what's the cheapest destination for a quick exit/reenter weekend for grant of an offshore visa...
I have been told it is not a quick weekender ! I have not got my PR yet!!!! But Hoping.

I am supposed to stay around for a least five working days - why?

I weighed up costs from Sydney so far and for a family of four we are planning on Fiji all inclusive for around $1000 per head in Feb/March. Much cheaper than Singapore.

Would love other costs/opinions
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Old Nov 19th 2002, 1:47 am
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Originally posted by Sandra
I have been told it is not a quick weekender ! I have not got my PR yet!!!! But Hoping.

I am supposed to stay around for a least five working days - why?

I weighed up costs from Sydney so far and for a family of four we are planning on Fiji all inclusive for around $1000 per head in Feb/March. Much cheaper than Singapore.

Would love other costs/opinions
AFAIK, nothing in the migration regulations indicates that one must be away from Australia for X number of days before a visa may be granted. It simply says that you have to be outside Australia.

I suppose for practical reasons, you won't be able to cut it so close - to make the appointment with the overseas Aussie HC/Embassy/Consulate on the day you fly in and then fly out immediately - although that is perfectly legal, AFAIK.

Sydney isn't close to Singapore - which probably explains the cost. However, a Perth-Singapore flight takes about 4 hours and can be relatively kind on your wallet. Besides, the Singapore dollar is stronger than the Aussie dollar at the moment, which won't be too kind on one's pockets too.


Peter
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Old Nov 19th 2002, 1:49 am
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I just do not see the point of having to leave at all, maybe us temp residents already in Oz should have a march through the centre of Sydney !

Why on earth do people have to shell out another huge amount (Singapore $800 per person, NZ $500 per person) on flights, not to mention all the other costs involved with going abroad (accomodation, food, etc, for X amount of people), especially when they may not be able to afford it or are trying to save every penny they can so that they can put down a deposit for a house in Australia ?

They must think people who come to Australia on a temporary business visa are all loaded with cash. They were just lucky enough to be sponsored by an Australian company that's the way it was for me anyway.I personally have been paying the highest tax rate in Australia since I have been here and as a temporary citizen I am not entitled to any social benefits. I have also been paying for my non-working wife and child. It's hard enough trying to make a living in this beautiful country, so why does the government make us leave the country in order to be accepted back to a place where we have already been for more than 2 years !?

Will I be able to claim anything back on tax for the forced trip abroad, do you know ?

What's the difference between a foreign person being sponsored by a company for PR and a foreign person being sponsored by a company for work purposes and applying for PR independently ? Anyone know ? People who are sponsored by their companies do NOT have to leave the country. I thought you were applying for PR through your company Sandra ?

Enough ranting from moi.

Last edited by onlyme; Nov 19th 2002 at 1:53 am.
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