Sid1

Hope someone can help. We are in Oz on a PR visa and will have to leave the country for work before we are able to apply for citizenship (been here 16 months). The company my hubby works for is an Australian company and we intend renting out our property and also have an investment property.

My question is, if we don't come back before our PR visa expires then would property ownership and the fact it's an Australian company count as
'Substantial ties and compelling reasons for absence'.

We really want to make Oz our home ultimately and permanently and hope to be back before our PR visas expire but I'm just trying to cover all the bases.

louie

You (or probably better your husband) could always apply for one now, before you leave Oz. I think you'd stand a good chance of getting one now and that would at least give you 5 years from now rather than 5 years from whenever your visa was granted.

If hubby was granted one now, you could get one on the basis of his.

JAJ

Do you really "have" to? I'm sure there must be an option to say you would prefer to stay in Australia for now, if getting your citizenship is more important.

Sid1

Not going to argue whether we HAVE to go or not but I'd love an answer to my question..........

JAJ

http://www.immi.gov.au/allforms/pdf/968i.pdf

Will this be a secondment overseas by the Australian company? Or will you be hired directly by the overseas branch?

Also bear in mind that even if you keep your PR, when you return you will need to re-start the 4 year clock for citizenship (from scratch).

The information in post #2 is also pertinent.

louie

This thread might help - http://britishexpats.com/forum/showthread.php?t=527700

Sid1

Thankyou very much for your replies. All very helpful.

It's an Australian company (listed on the Aus stock exchange) and it hasn't yet been negotiated as to whether we'd be employed by the American branch but I suspect will be the case.

Yes, we realise about having to complete 4 years for citizenship unless we come back by a certain date in June next year. Not ideal but better than nothing.

The other thread was very helpful too. Thanks again.

JAJ

Being employed by the American branch (rather than the Australian branch) may not help your case.

You do need to realise there is absolutely no way you can be sure in advance that a concessional RRV will be granted.

If you really want to have a future in America, make sure that 1. the job qualifies for at least second preference green card (otherwise there will be a very long wait) and 2. the employer is ok to sponsor for green card immediately.

Sid1

Thanks again. I think the company does do the green card quickly as they have relocated plenty of other people previously. Another thing to make sure of in negotiations though.

I do realise that an online forum cannot give me a definitive answer about the RRV I just wanted an idea if it might be an option.

The thing is that my OH really wants the job. I'm less keen as I've lived in the US before and I'm not sure I want my kids to grow up there. However, I haven't lived where this job is and if this job is good for him I really do have to go and make the best of it. Who knows, I may be just as happy there as here and want to stay there forever. I just want to know what my options are if we do decide to come back.

Thanks again.