podgypossum

i am asking this on behalf of someone else.

They have currently been in Aus for 4mths...if they chose ot go back to UK. How long can they stay out of Aus before losing their PR visa?

Wol

Someone will probably correct me, but I think that, having validated, you can re-enter any time up to the end of the visa validity. Won't help if citizenship is an ambition, though!

maggy

I think you have 4 years to re enter unless you have been resident for 2 full years then I believe you can come and go as you please.

JAJ

Not correct.

People have lost their PR despite living 20-30 years (or more) in Australia because they never took citizenship and then spent too much time away.

The right information is contained on form 968i:
http://www.immi.gov.au/allforms/pdf/968i/pdf

The bottom line is that most PR visas have a 5 year re-entry facility and in order to avoid complicated scenarios to keep PR alive, you need to spend a total of 2 years in every 5 living in Australia.

4 months is not enough, so if they go home their PR will be gone once their visas expire. DIMIA have little or no sympathy for those with expired PR visas who do not qualify for an RRV.

Jeremy

bondipom

The extension of what JAJ is saying is they should re-enter Australia to live at least 2 years before the expiry of the current visa. That way (as long as they do not take any overseas trips) they will be eligible for an RRV or citizenship when the current visa expires.

Even the 2 years is cutting it fine and a 2 month buffer should be considered for overseas holidays/business trips.

They can re-enter Oz up to the expiry of the visa but then they have to hope they do not have to go overseas for the period where they have no visa (but are still in Oz legally) but are not eligible for an RRV or citizenship.

Anything could happen in that period including a funeral.

Of course one partner could leave and the other partner cold sponsor them back to Australia but that would be another visa application and the danger of not passing the medicals.

JAJ

If you have PR and are clearly *living* in Australia (ie, not just visiting) then DIMIA do have discretion to grant either a 5 year or 3 month RRV on concessionary grounds. Form 968i has details.

However, smart people generally avoid the need to get into these kinds of complicated scenarios. There have also been sad stories where people were too impatient and left Australia without an RRV and were then refused an RRV offshore (hence couldn't come back other than as a visitor).

Jeremy

ad4ozz

So if you get a PR Independant Skilled Visa 136 and it says you have to be in the country by a set date and you are not quite ready to go permanentley as everything not tied up or sold off in England......Can you go to Oz on holiday of sorts to get visa stamped then come back to England finish everything off and return to Oz within a couple of months without getting any other sort of Visa or will you need something else to get In, Out and Back In again even though over short peroid of time...if that makes sense. As, have read if you have one sort of visa and get another one cancels the other out???

Phoenixuk2oz

My Migration agent also stated that even if you obtain citizenship after 2 years, then go abroad for a period of time, it may jeapordise future residency status.

My son intends to do a gap year in 2 years,after gaining citizenship.We were advised to speak to DIMIA nearer the time to explain the situation and seek approval. Agent stated DIMIA will probably be OK about it, but best to make sure as any doubts by DIMIA of future intended Aus residency, may result in DIMIA cancelling PR status on his [my sons]return to Aus.

Until this I also believed Aus citizenship meant you were free to come and go as you please. Seems not though

steve the man

I think the migration agent is talking bollox cos once you have citizenship you can apply for an Aussie passport and once you have that and citizenship you are too all intents and purposes an australian so i don't see how they can refuse to let you back in the country. the only major obligation that i know of is that if you are travelling overseas you are obliged to use your australian passport to leave and re-enter the country, although you are not obliged to use it to enter your destination country ie the UK if you still hold a current british passport at the same time as an Aussie one .

JAJ

You've either misinterpreted your agent or he is wrong.

There used to be a law something like this that affected naturalised Australians living overseas in some circumstances, but it was repealed in 1958.

Citizenship is not lost by living outside the country.

There is a requirement in the law that someone applying for citizenship should intend to continue to live in Australia, or maintain close associations with Australia. You can be pretty sure that if you are *living* in Australia, DIMIA will accept this intention at face value unless you tell them otherwise. And if you change your mind after leaving, you can be sure that absolutely no-one in DIMIA will care (and even if they did care they would have a very hard job revoking your citizenship).

Intentions are a grey area and can always change.

Asking this to DIMIA in advance is not a good idea as it will confuse matters and could lead to a delay or refusal of an application for citizenship.

However once citizenship is *granted* there is no problem - lots and lots of naturalised Australians leave for a short or long period and can always come back.

Jeremy

ad4ozz

My question was more to do with if you are just getting PR independant skilled visa and want to get it stamped and only go to Oz for 3 weeks then back to England then back to Oz as soon as house sold etc.

JAJ

That's perfectly ok with DIMIA.

In order to keep your life simple and avoid complicated scenarios to keep your PR alive, you need to spend 2 years in Australia in the first 5 years, so the move proper should be made within 3 years.

And then you need to live in Australia for 2 years in every 5 thereafter - unless you get citizenship and then you won't need to worry about this requirement any longer.

Jeremy