Hi there, I'm new to this site and have found your posts very interesting. Have also posted this on another thread - wasnt sure what one to do it on.

We have a visa which we validated over a year ago and although permanent, we will have to start living in Oz by about May next year to secure the 2 year deal which allows us to become a citizen.

For the past year havent thought too much about moving as business took off here, kids got into the grammar schools so life was good.

However life in Britain is becoming more and more frustrating when you constantly hear that we are supporting immigrants that dont support themselves (and i'm not being racist here) but sadly it feels like we are 'free' loading everyone else. I think this along with a mixture of other bits and pieces makes you worry for your childrens future.

My children are 11 and 13. We have been to Australia at least 5 times for holidays and my daughter (11yr old) would move out tomorrow. My son who is a much more homely person (13 yr old being a difficult age) is not keen at all, although he said he would be if he could take our horse out there. That i'm afraid would be almost impossible I think and possibly unfair. But it would really upset him and he could end up hating us.

So, what the hell do we do. I know deep down it is a great opportunity and I personally dont think work will be a problem for me, not sure about hubby. The trouble is, if we dont go next year we will lose the visa and I doubt we will get it again now.

I hat the thought of leaving my parents and sister and also my life long friends but I have to think about what the future holds for my children.

If anyone that has been through this same dilemna and can advise, please can you.

Thank you
Denise

Hi and welcome to BE.

Me an my hubby lived in Oz, then came back, and now we are struggling to get back there and I am miserable! - You have answered all your own questions Dolly! - You know you have to go, your difficulty is pleasing all of the people, all of the time - which is impossible. Go with a 2 year window - if things don't meet your expectations in that time, you can always come home, then move back when your children are older. If you miss this opportunity you may always wonder - what if?

Nicky

I will ignore the nonsense you wrote about immigrants....I am sure you don't mean as you are about to become one yourself.

You have 5 years from the visa grant in which to move.

You do not lose the visa but you have to be living in Australia when it runs out.....unless you have citizenship or a resident's return visa.

Grayling - Please read again what I said, noting the underlined bit - this is a big difference to putting all immigrants in the same category. I for one was certainly not doing that.

Our visa was granted in May 2006 and runs out may 2011, however we will need to live out there for a minimum of 2 years before it runs out. Therefore we need to go by May next year.

Nicky - thank you for you kind welcome. What made you come back and why do you want to go back out there. Thanks

You do not have to live there for 2 years before your visa runs out......if you want to you could leave it until the last minute ie. 2011.

You do not have to get the time required for citizenship within the 5 years.......it may be the best option but it is not essential.

You will have to do the 2 years (may well be 4 depending on when you validated) before you become a citizen but that could be anytime in the future. Many residents never get citizenship.

My point is that you will be OK if you migrate any time before the visa expires

G

Hiya,

I look at this way, if you don't go you might always regret not going, if you do and it's the wrong decision you can always come back. I understand it's a very costly decision and putting yourselves and others through all the emotions of moving away etc isn't a decision you can take lightly. Moving to Aus isn't right for everyone, but it is for some and you'll never know until you give it a go.

Hope you work out what is best for you and your family soon

If thats true - then that is music to my ears.

We started the process for the visa in May 2006 which we have been told is when the start date runs from. We had to validate it by 16 feb 2007 so we validated it in October 2006. Our visa says final entry is 22 May 2011 and can stay indefinately. It says we are Class BN Resident P Sub class 136

So, excuse me for being dim and obviously I need to check all this within the terms and conditions issued to us. But, are you saying we could go out there for example January 2010 and as long as we stayed out there for 2 years straight we could then apply to be citizens.

I'd be grateful if you could explain it - my husband is convinced we need to go by May next year. Having said that - the more time you have the older the children are getting - making it more difficult with their awkward ages.

Thanks
Denise

My visa runs out in 2010 but we have no plans to go until later this year.

The rules on citizenship changed recently and you may well have to do 4 years in order to qualify.....depending on the validation date.

If you do not get citizenship before your visa runs out you are entitled to remain a resident but will have to get a resident return visa (RRV) if you want to leave the country....you would have to show substantial ties to Australia but they are relatively straightforward if you can do so.

It is not the best option to leave things too late but sometimes there is no choice.

G

Just to add....this is to the best of my knowledge.....I am not an expert.

G

My question would be - who decides what is best for your children?

You, the responsible & caring adult who has raised them, loved them & supported them in every way from birth? Who has paid for & learned about the entire procedure, ensured there are safeguards, ensured the feasibility, looked at the good & the bad?

Or a largely uneducated, inexperienced & non-wage earning mess of hormones & emotions, who's most important considerations are what they're getting for their next birthday & who they're going to hang out with after school?

That sounds harsh, but that's the reality.

Kids make decisions based on little information & a desire to keep things just the same as they are now, because that's where they feel safe. Very few of them actually make the effort to learn about or understand the issues that have caused you to make these decisions. But you have & you're responsible for your kids, their welfare & giving them the best life you can.

So you & their dad decide, you take the decision that's right for your family & if they don't like it, well, when they're 18 & have finished school, they can go ahead & live the life they want to.

Provided they pay for it, of course

Residence requirement for citizenship -

People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:
12 months as a permanent resident and absences from Australia of no more than 12 months, including no more than three months in the 12 months before applying.

People who became permanent residents before 1 July 2007 and apply before 30 June 2010 must have been physically present in Australia as a permanent resident for a total of two years in the five years before applying, including one year in the two years before applying.

So, if you migrate and qualify for the 2 year period then you must have accrued 2 years before June 30 2010, otherwise your waiting 4 years for citizenship.

However, dont forget that you could apply for a residents return visa should you leave the country and your PR visa has expired. You do not have ot leave the country even if it has run out. Although personally I wouldnt want to do that since laws could change and no sense on banking on that.

Can you not buy him a horse here? To be honest I wouldn't wait until the last minute to come because the older the kids are, the harder it is for them to leave all they know behind.

For citizenship - the two years (or 4 if you don't move before 30 June 2008) doesn't have to be within the validity of your visa.

Hi thanks for your advice.

Right we have just re-read all the terms and this is how we see it.

It appears we have to be a permanent resident for 2 years within the 5 years prior to application for citizenship. The only risk of leaving it until for example 6 months prior to expriry date is that we would need to apply for a return visa but having only been there 6 months out the 5 years they could argue that we havent got sufficient ties to warrant a valid visa. Then it would mean if we came come we wouldnt be able to return. In other words the longer you are there prior to applying the more grounds you will have. Also it would mean that when the visa expired although you would be eligible to stay in the country, you would not be able to return home to UK if a return visa was not forthcoming.

So, the thing I am now not too sure about is the 4 year time span you are talking about. Are you saying that we would need to stay in Oz for a minimum of 4 years if we went before returning to the UK?

Many thanks for your help guys

I also agree with your comments Wendy - the older the kids get the harder it will be on them.

As it stands you come under the old citizenship rules, which are that you can apply for citizenship with 2 years residency - but this path is closed on the 30th June 2010, so you'd need to be here by the 30th June 2008 to be able to apply and make sure you don't leave for anything until citizenship as the time away would be deducted from the total.

If you come after the 1st July 2008, then you will not have time to acquire the 2 years before the old rules are no longer available - so you would have to wait 4 years to apply for citizenship.

This doesn't mean you can't leave Australia, it just means you will need a residents return visa were your visa to expire. To get a 5 year RRV you need to show substantial ties to Australia - having a job, house, schools etc will all show them ties.

If you don't qualify for a 5 year RRV, then it may be possible to get a 3 month one if you can show 'compelling and compasionate' reasons as to why you need to leave the country, eg; a death in the family where you need to return to your homeland.

You can find all the info on www.citizenship.gov.au and www.immi.gov.au (search for RRV)

No

You would be able to get a RRV if you have ties to Australia but you would not be able to apply for citizenship until you have clocked up 4 years residence (cummulative) plus the other requirements already outlined.

You would only be eligible for citizenship in 2 years if this aplies as quoted by Centurian:

"People who became permanent residents before 1 July 2007 and apply before 30 June 2010 must have been physically present in Australia as a permanent resident for a total of two years in the five years before applying, including one year in the two years before applying".

G