rkh001

Our visa runss out this year. If we move to Oz before that happens, are we still able to come over and visit relatives, say next year?

Once we are in Oz before the visa expiry date, we are then okay to be classed as residents?

Thanks

Jin

onepearlyb

Yes, as soon as you validate that visa ( ie - everyone on the application has to enter Oz together at the same time, before the visa expires ) you'll be classed as PR's.

Get booking! ;o)

*pearly*

onepearlyb

And, yes - you'd be able to visit relatives once you get your PR status after validating.
Sorry - forgot to answer the other question in the other post.

*pearly*

yvsie

yes you need to validate before the expiry of your visa ...but.....
i think im right in saying that you will have to make sure that you get a resident return visa before you leave oz for your visit though otherwise you might not be let back in!!

Wendy

Hi Jin,

If you come over to live here before the expiry date then yes you'll be classed as residents. Permanent if on a PR visa or Temporary if on a temp visa (I'm assuming your the former?)

As for visiting people out side Oz next year when your visa has expired you will need to apply for a Residents Return Visa (RRV) or you won't be allowed back in. To get a RRV you need to show significant commitment to Australia, whether you can prove that or not I'm not sure.

onepearlyb

Eh?? So once you've moved over to oz and become a PR you still need a RRV to come and go when you visit the Uk?? Is that right Wendy?

*pearly*

yolandacharm

Yes you can visit relatives but only on a return visa, you could only visit relatives if you had moved earlier. They give a certain amount of time to show commitment and get a citizenship, which would allow you to come and go as you please. Makes it more of a pain, but you can still visit the rellies!

louie

This seems to have got a bit confused! As I understand it:

1. Once you have been granted permanent residency (eg on a 136 visa), you have to validate the visa within (at most and usually) 12 months of the earlier of the issue of the PCC checks and your medical. If you don't do that, the visa lapses.

2. Assuming you do that, you can come and go as you please for a period of five years from the grant of the visa.

3. If you are in Australia on the 5th anniversary of the issue of the visa, you can stay in Australia as long as you like.

4. If you want to leave Australia after that and then return as a permanent resident (whether for a holiday or something longer term) and you have not taken out Australian citizenship, you need to apply for a Returning Residents Visa (RRV). This will automatically be granted for a period of five years if you have spend two of the previous five years in Australia as a PR.

5. If you haven't spent 2 out of 5 years in Australia, you have to demonstrate "substantial business, cultural, employment or personal ties of benefit to Australia". Exactly what that means, I don't know!

6. If you can't demonstrate the above (point 5) you can be awarded a 3 month RRV if you have "compelling and compassionate reasons for departing Australia", presumably overseas family illness or something like that.

So if you are nearing the fifth anniversary of the issue of your PR visa, but have yet to spend two years since issue in Australia, you can only visit relatives overseas (if you want to be let back in!) if you can comply with point 5 or have a very good reason to need to go abroad.

Is that right?!

onepearlyb

You lost me after Point 2.

I'll have to read up on RRV's as I'm certain I'll want to come back to the UK for visits before I've spent 2 years in Oz on a 136 PR visa.


*pearly*

yolandacharm

your best bet is contact either your agent if you used one, or Australia House in London, by phone, they might be able to better tell you what your options are over the phone in more easy to understand talk. I know sometimes for me it winks in better if it spoken rather than read!

belleandscone

Pearly, your visa is open for 5 years - within the first year you have to either move to australia or validate it, then you have up until the visa expiry to get your ass over to Oz. During this 5 year period you can come and go as you wish but after your visa expiry date if you still havent got citizenship then you must apply for the RRV or they will not let you back in the country. Hope this helps. So it's best not to leave it till the last minute to emmigrate as coming back to the UK or wherever is alot harder.
Clairex

onepearlyb

Ok, I think I get it now.
We'll be in oz before our visa expires ( infact we'll be there about 4 weeks after the visa grant!! ) and then plan to go for citizenship as soon as we are able to ( 2yrs at mo I think ) so hopefully we wouldn't ever have to bother with the RRV thingywotsit.
Sorry, I'm a bit slow today.

*pearly*

belleandscone

Glad to have helped, well you really dont have to worry about the RRV, good luck with your move, wish we had went as soon after our visa grant, but we will be there this year, just told my mum yesterday we are selling the house and definately going, she was devastated but she didnt scratch my eyes out so thats a bonus!
Clairex

JAJ

Form 968i is the reference:
http://www.immi.gov.au/allforms/pdf/968i.pdf

Fulfilling this requirement should not be a problem if you are clearly living in Australia. IE job, car, financial ties, house/unit rented or purchased and being lived in, children in Australian schools, getting involved in the community etc.

But just visiting most likely won't do.

Otherwise you are looking at circumstances like an Australian spouse or dependent child, being sent overseas to work by an Australian corporation etc.

Pollyana

A cautionary tale about RRVs......

http://britishexpats.com/forum/showthread.php?t=422043