Residency query

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Old Aug 26th 2004, 10:37 am
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Question Residency query

Like so many people on this forum, we also want to spend a lot of time in Perth. However, we don’t really want to emigrate.

Could someone tell me whether it would be possible, as UK citizens on an ETA, to buy a house in Perth and spend up to 8 months a year there (eventually but not just yet) (multiple trips if necessary)? Do we have to have a residency visa of some sort?
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Old Aug 26th 2004, 10:52 am
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Default Re: Residency query

A ETA is valid for up to 3 months (and repeated enties would raise questions by immigration) and there are restrictions and approval required for purchasing a property fromFIRB
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Old Aug 26th 2004, 11:24 am
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Default Re: Residency query

Originally Posted by walaj
A ETA is valid for up to 3 months (and repeated enties would raise questions by immigration) and there are restrictions and approval required for purchasing a property fromFIRB
Thanks for that. Will look into it further when I get to Perth in a few weeks.

Looks like the long stay ETA (up to 6 months) might suit us.
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Old Aug 26th 2004, 11:41 am
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Default Re: Residency query

Originally Posted by PartialtoPerth
Thanks for that. Will look into it further when I get to Perth in a few weeks.

Looks like the long stay ETA (up to 6 months) might suit us.
Would we (on a long stay visa) be allowed to have two trips per year - one upto 6 months and another upto 3 months?

And would we be able to repeat this each year or would the authorities get upset?
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Old Aug 26th 2004, 12:26 pm
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Default Re: Residency query

Originally Posted by PartialtoPerth
Like so many people on this forum, we also want to spend a lot of time in Perth. However, we don’t really want to emigrate.

Could someone tell me whether it would be possible, as UK citizens on an ETA, to buy a house in Perth and spend up to 8 months a year there (eventually but not just yet) (multiple trips if necessary)? Do we have to have a residency visa of some sort?
It is very unlikely that you would get approval to buy a developed property on an ETA. If you take a look at the regulations, particularly clause 22 and 23 you will see that approval is only normally granted where the applicant is temporarily resident in Australia continuously for more than 12 months.

One of the conditions of the approval is that once your temp visa expires you have to sell the property, which wouldn't suit you if you are leaving after 8 months.

Clause 23 clearly states "All other proposals by foreign interests to acquire developed residential real estate are examinable and are not normally approved,..."

However, clause 20 does suggest that buying a new property that has never been lived in would get approval.

Have a read through http://www.firb.gov.au/content/_down...icysummary.pdf and maybe drop them an email asking about your specific situation.

I'm not sure whether you can keep getting ETA visas and staying for 8 months of the year though. Checkout http://www.immi.gov.au/faq/extending/index.htm for info on extending visas.

Might be worth contacting an agent and getting their advice.

Last edited by owieb; Aug 26th 2004 at 12:34 pm.
 
Old Aug 26th 2004, 12:48 pm
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Default Re: Residency query

I don't know a thing about this... but.... it seems highly unlikely to me, that this would be possible!
Otherwise, a lot more people would be doing this, and it would've been discussed more often on here! And in the 1.5 years I've been on here, I've never seen it discussed(not that I read all the posts, but I come close )

But yeah, I'd think you need an agent to make sure about all this...

Try posting on the immi forum!!

Also, what you've talked about before (checking email and voicemail etc on mobile), that would become more of an issue I think, if you're here semi-permanetly(so not just one 6 month 'holiday'). Then it would be much more like working.
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Old Aug 26th 2004, 12:57 pm
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Default Re: Residency query

I did see a "Place in the Sun" once (Channel 4, I think) where a couple bought a holiday home in Oz. I think they were planning to spend 4 months a year in Oz. They were only allowed to by a new home (brand new - so no Oz resident had lived in it). I'm not sure what sort of visa they had.
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Old Aug 26th 2004, 1:00 pm
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Default Re: Residency query

Originally Posted by Simone
I don't know a thing about this... but.... it seems highly unlikely to me, that this would be possible!
Otherwise, a lot more people would be doing this, and it would've been discussed more often on here! And in the 1.5 years I've been on here, I've never seen it discussed(not that I read all the posts, but I come close )

But yeah, I'd think you need an agent to make sure about all this...

Try posting on the immi forum!!

Also, what you've talked about before (checking email and voicemail etc on mobile), that would become more of an issue I think, if you're here semi-permanetly(so not just one 6 month 'holiday'). Then it would be much more like working.
I suppose what we're actually ultimately aiming at is a retirement visa but we can't get them until 55 (now 42) so we were looking at sort of 'semi-retirement' (ie work in UK for part of the year and relax in Australia for the rest) but they don't do semi-retirement visas!

I'd not want to jeopardise any stay in Australia so would be careful not to 'work' whilst there. After all, the ultimate plan is not to work at all after 50!
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Old Aug 26th 2004, 1:37 pm
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Default Re: Residency query

Originally Posted by PartialtoPerth
I suppose what we're actually ultimately aiming at is a retirement visa but we can't get them until 55 (now 42) so we were looking at sort of 'semi-retirement' (ie work in UK for part of the year and relax in Australia for the rest) but they don't do semi-retirement visas!

I'd not want to jeopardise any stay in Australia so would be careful not to 'work' whilst there. After all, the ultimate plan is not to work at all after 50!
I'm quoting here what I've read from the likes of Alan Collett and Jaj on the Immigration forum - DIMIA don't like the idea of an ETA being used to establish "de facto residency" - which is what you're talking about. If they think you are coming and going on an ETA, while effectively living here, they'll cancel the ETA and you won't get another.
I think you need an agent....there may be a way round it, but can't think that I've ever seen it talked about here.
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Old Aug 26th 2004, 2:27 pm
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Default Re: Residency query

Originally Posted by Pollyana
I'm quoting here what I've read from the likes of Alan Collett and Jaj on the Immigration forum - DIMIA don't like the idea of an ETA being used to establish "de facto residency" - which is what you're talking about. If they think you are coming and going on an ETA, while effectively living here, they'll cancel the ETA and you won't get another.
I think you need an agent....there may be a way round it, but can't think that I've ever seen it talked about here.
I agree. That'll have to be the next port of call.
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