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Permanent Resident status will expire, how can I extend it?

Permanent Resident status will expire, how can I extend it?

Old Jun 25th 2002, 7:44 pm
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Default URGENT!!! Permanent Resident status will expire, how can I extend it?

CASE
I was granted with the PR visa in Sept 1997 (Family Migration Category). I have been working in the U.S. since then. I am getting closer to the end of the 5-year period, which is Sept this year.

QUESTIONS

If I want to stay in the U.S. for another 2 years, is there any way to extend my Permanent Resident status in Australia?

1. What the immigration officer is looking for in terms of helping him or her to make judgment of granting or not granting the PR extension? Will the following factors help me with the extension and to what extend can these factors help?
a) My mom and brother are currently living in Australia with PR, that's how I got my PR at the first place. My mom has real estate (house). Are these factors going to help my case at all?
b) What kind of investment or bank account will help my application for RRV or PR Extension?
c) My Fiancée works in US (She is not an Australia Citizen). I need to extend my PR to accompany her in the U.S. Is it good to mention this or not?

2. I am trying to interpret RRV in my case. Correct me if I am wrong.
Other than applying for PR extension, I have the option of applying for a RRV (preferably apply in Australia). As long as I have the RRV, my RRV makes my PR status valid until the expiration date of RRV. In another word, when I come back to Australia with a RRV before it’s expired, I still have my valid PR status although I passed my PR visa expiration date.

3. How long does it take to get RRV or PR extension starting from the point of making appoint with the embassy to either get approval or rejection?

4. For either RRV or PR Extension, if I get rejected in the Australia Embassy in the U.S., can I go to Australia to apply for it again right away? Or I need to wait a period of time before I can send in the application again.

5. How many times can I apply RRV or PR Extension? e.g. I get two year RRV. Two years later, can I apply for another one?


Thank you all so much for taking time to read my case. Your expertise is a BIG help.



Last edited by peterl; Jun 26th 2002 at 9:30 pm.
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Old Jun 25th 2002, 11:16 pm
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Default Re: Permanent Resident status will expire, how can I extend it?

You need to do more than just return before Sept 2002. You'll need to physically stay in Australia for 2 years upon your arrival before the deadline. If you fail to stay for at least 2 years this time, you will lose your PR status.

You want to stay in the US for another 2 years? Not a big problem. Just let the Aussie PR lapse, and apply again later, going through all the pain of the process then.

Good luck.


Peter


Originally posted by peterl
I got my Permanent Resident status in Sept 1997. I have been working in the US since then. I am getting closer to the end of the 5-year period and I need to return to Australia before Sept this year.
If I want stay in U.S. for another 2 years, is there anyway to extend my Permanent Resident status for 2-3 years in Australia? What should I do or prepare to be able to do that?
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Old Jun 25th 2002, 11:44 pm
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Default Re: Permanent Resident status will expire, how can I extend it?

ptlabs,
it is not exactly the case. If you are in Oz at the end of your original PR visa - you still have your PR status. And after two years of residence in Oz with PR status you can become a citizen.

peterl,
you can extend your PR visa (and I think even without coming to Oz - it seems to me that some people I know did exactly this). What you need - to show (prove) your intensions to settle in Oz in some not very distant future. May be OZ superannuation account with some regular contributions would help. I think you can find more info in www.immi.gov.au, and you always can contact Oz embassy or nearest mission.
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Old Jun 26th 2002, 1:38 am
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Default Re: Permanent Resident status will expire, how can I extend it?

> it is not exactly the case. If you are in Oz at the end of your
>original PR visa - you still have your PR status.

Wasn't that exactly what I said? You must enter Australia before the expiration of the initial PR visa. Once you are in Australia, if you haven't stayed a total of 2 years in Australia, you are not eligible to apply for an RRV, which means you cannot travel out of Australia (not even to NZ) without the risk of losing your Aussie PR status. So, you'll need to chalk up 2 years of time spent in Australia, upon which you can apply for an RRV, or citizenship, whichever you choose. However, you will remain a PR of Australia so long as you enter before the expiration of your PR (migrant) visa. Complications will only arise if you want to get out of Australia before you have 2 years' residence in Australia, and presumably after your initial PR visa has expired.


>you can extend your PR visa (and I think even without coming to
> Oz - it seems to me that some people I know did exactly this).

I'm not aware of this kind of extensions for skilled independent migrants, and it's obviously not documented on the DIMIA official website. I guess it also depends on the type of PR visa you are granted: spouse, prospective spouse, skilled, etc.


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Old Jun 26th 2002, 5:42 am
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Default Re: Permanent Resident status will expire, how can I extend it?

Originally posted by ptlabs
> it is not exactly the case. If you are in Oz at the end of your
>original PR visa - you still have your PR status.

Wasn't that exactly what I said? You must enter Australia before the expiration of the initial PR visa. Once you are in Australia, if you haven't stayed a total of 2 years in Australia, you are not eligible to apply for an RRV, which means you cannot travel out of Australia (not even to NZ) without the risk of losing your Aussie PR status. So, you'll need to chalk up 2 years of
No, it's not the same. I'm saying that you do NOT need do wait for two years on this island to apply for RRV. At lease here http://www.dima.gov.au/faq/permanent/index.htm#8 there is nothing about it.

Furthermore, here http://www.dima.gov.au/allforms/ostravel1.htm it's said:
If you apply outside of Australia an RRV will cost the equivalent of $90.

I'm not aware of this kind of extensions for skilled independent migrants, and it's obviously not documented on the DIMIA official website. I guess it also depends on the type of PR visa you are granted: spouse, prospective spouse, skilled, etc.

Peter
Skilled immigration, spouse etc. are not categories of permanent residents, they are ways (or reasons if you wish) of obtaining PR status. Once PR granted, all permanent residents are equal.
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Old Jun 26th 2002, 6:29 am
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Default Re: Permanent Resident status will expire, how can I extend it?

> I'm saying that you do NOT need do wait for two years on this
> island to apply for RRV. At lease here
> http://www.dima.gov.au/faq/permanent/index.htm#8 there
> is nothing about it


Try here instead http://www.immi.gov.au/faq/resident/index.htm#are


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Old Jun 26th 2002, 9:27 am
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Default Re: Permanent Resident status will expire, how can I extend it?

As DIMIA site says it's for five-year RRV only.

Anyway it's completely fruitless discussion. I said that I know person (indep. skilled) whose original visa expired in 97 and who finally came to live to Oz last year. I do not have his ph. but next time I'll see him I'll ask him how he did it.

to Peter - I think for you it's better to contact Australian mission first, the earlier the better.
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Old Jun 26th 2002, 1:20 pm
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Default Re: Permanent Resident status will expire, how can I extend it?

Hi Peter, Tatiana,

The rules about the RRV are strangely flexible at the counter officer level here, and
strangely restrictive overseas. Anyone wanting an RRV is advised to be in Australia
to get it. And the discretionary elements of links to the community here are very
important. Peterl should come here and buy some real estate or marry someone

Formal advice, because of the discretionary element, depends on the case, and there
are few MRT cases of any relevance, but you could go to www.mrt.gov.au and search
their database.

Cheers

George Lombard

www.austimmigration.com.au ptlabs wrote in message <[email protected]>...
    >> it is not exactly the case. If you are in Oz at the end of your original PR visa -
    >> you still have your PR status.
    >
    >Wasn't that exactly what I said? You must enter Australia before the expiration of
    >the initial PR visa. Once you are in Australia, if you haven't stayed a total of 2
    >years in Australia, you are not eligible to apply for an RRV, which means you cannot
    >travel out of Australia (not even to NZ) without the risk of losing your Aussie PR
    >status. So, you'll need to chalk up 2 years of time spent in Australia, upon which
    >you can apply for an RRV, or citizenship, whichever you choose. However, you will
    >remain a PR of Australia so long as you enter before the expiration of your PR
    >(migrant) visa. Complications will only arise if you want to get out of Australia
    >before you have 2 years' residence in Australia, and presumably after your initial
    >PR visa has expired.
    >
    >
    >> you can extend your PR visa (and I think even without coming to Oz - it seems
    >> to me that some people I know did exactly this).
    >
    >I'm not aware of this kind of extensions for skilled independent migrants, and it's
    >obviously not documented on the DIMIA official website. I guess it also depends on
    >the type of PR visa you are granted: spouse, prospective spouse, skilled, etc.
    >
    >
    >Peter
    >
    >
    >
    >--
    >Posted via http://britishexpats.com
 
Old Jun 26th 2002, 5:35 pm
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Default Thank you all for help. More questions...

Hey Guys, really appreciate your helps

Here is a little more background and a couple of more questions about my situation.

1. My mom and brother is currently living in Australia with PR, that's how I got my PR at first place, and my mom has an real estate(house), is that going to help my case at all?

2. What the immigration officer is looking for in terms of helping him or her to make judgement that wether or not I should get extended?

3. How long does it take to get RRV or PR Extension starting from the point of making appoint with the embassy to either get approval or rejection?

4. I am trying to interpret RRV in my case. Correct me if I am wrong. Instead of applying for PR extension, I have the option of applying for a RRV (preferably apply in Australia). As long as I have the RRV, my RRV makes my PR status valid until the expiration date of RRV. In another word, when I come back to Australia with a RRV before it’s expired, I still have my valid PR status although I passed my PR visa expiration date. RRV link:
http://www.dima.gov.au/allforms/ostravel1.htm

5. What kind of investment or bank account will help my application for RRV or PR Extension?

Again, thank you all so much for taking time to read my case. Your expertise is a BIG help. I really appreciate that.

Last edited by peterl; Jun 26th 2002 at 7:06 pm.
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Old Jun 27th 2002, 10:21 am
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Default Re: Permanent Resident status will expire, how can I extend it?

Let me get this straight. You were granted Australian PR in late 1997. Presumably you
took a holiday in Australia to validate it. Now it's 2002 - almost five years after
your visa was given to you. In that time you've not lived in Australia, or had any
ties to Australia.

And you want Australia to give you a new visa to 'extend' your PR.

From Australia's point of view, you've not really kept your side of the
bargain, have you?

Most people on this NG are either stuck in a seemingly endless queue to get their
visas, or waited a long time before they did migrate. There's not going to be much
sympathy for someone who's got PR but can't seem to be bothered to use it before
it expires.

Jeremy

    >On 26 Jun 2002 18:20:24 GMT, peterl <[email protected]> wrote:

    >1. How many times can I apply RRV or PR Extension? e.g. I get two year RRV or PR
    > Extension. Two years later, can I apply for another one?
    >
    >2. For either RRV or PR Extension, if I get rejected at the Australia Embassy in the
    > U.S., can I go to Australia to apply for it? Do I need to wait a period of time
    > before I can apply again?
    >
    >3. How long does it take to get RRV or PR Extension starting from the point of
    > making appoint with the embassy to either get approval or rejection?
    >
    >Again, MANY MANY THANKS for your response. Your tips are very helpful.
    >
    >
    >
    >--
    >peter
    >
    >Posted via http://britishexpats.com
 
Old Jun 27th 2002, 2:50 pm
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Default Re: Permanent Resident status will expire, how can I extend it?

> 4. I am trying to interpret RRV in my case. Correct me if I am
> wrong. Instead of applying for PR extension,

There is no such thing as a PR "extension". Your initial migrant visa cannot be extended.


> I have the option of applying for a RRV (preferably apply in Australia).

An RRV is the only option for you to retain your PR status should you enter Australia before the expiry of your current migrant visa. If you do not enter Australia before the expiry of your current migrant visa, you are no longer a PR of Australia.


> As long as I have the RRV, my RRV makes my PR status valid
> until the expiration date of RRV. In another word, when I come
> back to Australia with a RRV before it’s expired, I still have my
> valid PR status although I passed my PR visa expiration date.

Yes. If you can get your hands on an RRV, that is.


Peter
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Old Jun 27th 2002, 6:20 pm
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Default Re: Permanent Resident status will expire, how can I extend it?

[email protected] (JAJ) wrote in message
news:<[email protected]>...
    > Let me get this straight. You were granted Australian PR in late 1997. Presumably
    > you took a holiday in Australia to validate it. Now it's 2002 - almost five years
    > after your visa was given to you. In that time you've not lived in Australia, or
    > had any ties to Australia.
    >
    > And you want Australia to give you a new visa to 'extend' your PR.
    >
    > From Australia's point of view, you've not really kept your side of the bargain,
    > have you?
    >
    > Most people on this NG are either stuck in a seemingly endless queue to get their
    > visas, or waited a long time before they did migrate. There's not going to be much
    > sympathy for someone who's got PR but can't seem to be bothered to use it before it
    > expires.
    >
    > Jeremy

Alright Jeremy you don't have to be so harsh on the guy. Maybe in 1997 he had a
reason to apply and now he has a good enough reason to want it back. He is doing
nothing wrong. So instead of giving him a lecture of what he should have done you can
advice him on what he should do or just keep quiet.
    >
    >
    > >On 26 Jun 2002 18:20:24 GMT, peterl <[email protected]> wrote:
    >
    > >1. How many times can I apply RRV or PR Extension? e.g. I get two year RRV or PR
    > > Extension. Two years later, can I apply for another one?
    > >
    > >2. For either RRV or PR Extension, if I get rejected at the Australia Embassy in
    > > the U.S., can I go to Australia to apply for it? Do I need to wait a period of
    > > time before I can apply again?
    > >
    > >3. How long does it take to get RRV or PR Extension starting from the point of
    > > making appoint with the embassy to either get approval or rejection?
    > >
    > >Again, MANY MANY THANKS for your response. Your tips are very helpful.
    > >
    > >
    > >
    > >--
    > >peter
    > >
    > >Posted via http://britishexpats.com
 
Old Jun 27th 2002, 10:21 pm
  #13  
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Default Re: Permanent Resident status will expire, how can I extend it?

David He still has his PR provided he comes to live in Australia before it
expires. Australia is a lot more generous than Canada or the US in allowing
permanent residents to preserve their status while living overseas, but this
generosity has limits.

Jeremy

    >On 27 Jun 2002 10:32:42 -0700, [email protected] (David) wrote:
    >
    >Alright Jeremy you don't have to be so harsh on the guy. Maybe in 1997 he had a
    >reason to apply and now he has a good enough reason to want it back. He is doing
    >nothing wrong. So instead of giving him a lecture of what he should have done you
    >can advice him on what he should do or just keep quiet.
 
Old Jun 30th 2002, 12:16 am
  #14  
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Default Re: Permanent Resident status will expire, how can I extend it?

David, Jeremy,

Thanks for your response. Your comment helps.

David, You are a very nice guy.

Last edited by peterl; Jul 2nd 2002 at 5:04 am.
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