luchi

Hi there

How long do you have to stay in Oz before applying for full residency. the reason for asking is that our lad is coming over to Oz for a few days to validate his visa, then will return back to UK for a while. We know that he has to retun within 5 years, but does he have to build up so many days in Oz before the 5 years to be entitled to full residency?

Tiawamutu

2 years at the moment but later this year it will change to 3 (that's to become an Australian Citizen)

If you mean with a permanent visa 2 out of the 5 years you need to live in Australia

luchi

Great thanks....just a thought on your answer....if you don't mind answering another one!....does that mean that if we first enter Oz in July, that he will only have to do 2 years? Or are they making anyone who arrives this year to go straight to 5 years?

Grayling

If he returns within the 5 years then he will still be entitled to full residency.

He may have trouble getting a Resident's reurn visa if he wants to leave again though, until he has spent some time in Australia or can show substantial links.

G

luchi

Thanks for that. He'll have to Oz for two years at least to validate the visa, and then hopefully decide to stay.
Thanks again.

Grayling

He does not have to stay for 2 years.

He can validate by entering the country and then leaving again straight away.

G

Tiawamutu

Exactly

But if you want to become a citizen you have to stay at least 2 out of the 5 years of the the date specified when you get your visa (like I just have)

Grayling

No you don't

You have to spend 2 years (soon to be 3) in the country to qualify for citizenship. That does not have to be within the 5 years.

You could enter just before the 5 years is up and then get citizenship after you have been there for 2 (or 3) years.

G

Wendy

I am presuming you are referring to citizenship as opposed to residency. Anyone with a permanant visa has residency upon their arrival in Australia.

For citizenship, he doesn't have to build up any days within the 5 year validity of his visa. What he has to do is build up two years before he can apply for it.

For example he could enter Oz now to validate his visa and return on the next flight back if he wishes. He can the wait until the day before his visa expires to re-enter Australia. But he will not be able to apply for citizenship until he has lived there for two years. (That's assuming it doesn't change, but it probably will).

I hope that makes it a bit clearer for you.

Tiggs+Graz

If you enter just before the 5 years are up then you may have problems if you wanted to leave Australia (for example for a holiday) during the 2 (or 3) years you needed to get your citizenship.
If you had no intention of leaving oz in that time then you would be fine otherwise you would need to check your visa options to be sure that you would be let back into the country on your return.

Tiggs

Grayling

That's what I said earlier.

G

Wendy

Or you can get a Residents Return Visa if there is good cause, which can be granted for periods of either 3 months or 5 years.

This would be hard to get however if you don't show a commitment to Australia.

For the OP, here is a link to the relevant page on the DIMA website

http://www.immi.gov.au/faq/perm_res/01.htm

Tiggs+Graz

apologies - i misunderstood your post but on re-reading i agree you had already said this!
T

Grayling

No problem

Have some K.

G

Grayling

Hope it wasn't blank

G