rmadahar

Hi All

What happens if after validating ones visa one is not able to stay for 2 years in the next 5 years?Does one lose the PR status?

Thanks

Steven O'Neil

This is complicated to try and put into print, but here goes ...

As long as you arrive in Ausralia before your visa runs out (the 5 year period), you will be allowed to enter as a permanent resident. The problem will occur when you want to travel outside Australia after this 5 year period.

Each time you want to travel outside Australia you need to open your passport and see if your visa will allow you to return. If it has either run out or it does not have enough time on it to allow your return to Australia following your trip, you need to apply for another visa (called a Resident Return Visa).

The criteria for this is varied. But the main way that people are able to obtain the maximum allowed 5 year travel facility is if in the previous 5 years they have spent a cumulative period of at least 2 years in Australia as a permanent resident.

If they have less than this 2 years then they may qualify for the 5 years RRV through having strong personal, work or cultural ties to Australia. People should not assume this is easy to show.

Finally if they neither meet the '2 out of 5 years' rule or the ties to Australia rule, they would in most circumstances be able to get just a 3 month RRV. That means they can leave Australia but have to return within 3 months (there are slight variations to this if you are willing to risk applying from outside Australia). On arrival back in Australia during this 3 months, you again arrive as a permanent resident.

You may find that you have to keep using this facility until at some point down the track you qualify for a 5 years RRV again.

If you do not return in this period, you lose your permanent residence.

As I said it is hard to explain in writing so hopefully this makes sense !

Regards

Steven O'Neil
www.iscah.cm

Steven O'Neil

This is complicated to try and put into print, but here goes ...

As long as you arrive in Ausralia before your visa runs out (the 5 year period), you will be allowed to enter as a permanent resident. The problem will occur when you want to travel outside Australia after this 5 year period.

Each time you want to travel outside Australia you need to open your passport and see if your visa will allow you to return. If it has either run out or it does not have enough time on it to allow your return to Australia following your trip, you need to apply for another visa (called a Resident Return Visa).

The criteria for this is varied. But the main way that people are able to obtain the maximum allowed 5 year travel facility is if in the previous 5 years they have spent a cumulative period of at least 2 years in Australia as a permanent resident.

If they have less than this 2 years then they may qualify for the 5 years RRV through having strong personal, work or cultural ties to Australia. People should not assume this is easy to show.

Finally if they neither meet the '2 out of 5 years' rule or the ties to Australia rule, they would in most circumstances be able to get just a 3 month RRV. That means they can leave Australia but have to return within 3 months (there are slight variations to this if you are willing to risk applying from outside Australia). On arrival back in Australia during this 3 months, you again arrive as a permanent resident.

You may find that you have to keep using this facility until at some point down the track you qualify for a 5 years RRV again.

If you do not return in this period, you lose your permanent residence.

As I said it is hard to explain in writing so hopefully this makes sense !

Regards

Steven O'Neil
www.iscah.com

rmadahar

Thanks a lot, Steven...

Regards