David

hi After i land in australia for the first time. Can i return to my home country to
finish up my job? how long can i be out of australia without jepordizing my PR If i
can do i need to get permission to leave from australia? thanks

Jaj

    >On 29 Apr 2002 11:12:52 -0700, [email protected] (David) wrote:

    >hi After i land in australia for the first time. Can i return to my home country to
    >finish up my job?

Yes. Your first entry must be before the 'first entry date'. Athough a short holiday
will do, that date is not flexible.

    >how long can i be out of australia without jepordizing my PR

You must return to Australia before the expiry date of your visa (5 years in the
future). If you want to avoid travel restrictions after the expiry date of your
initial visa you should return to Australia within 3 years of visa grant.

    >If i can do i need to get permission to leave from australia? thanks

Your migrant visa has a re-entry facility valid for 5 years, provided you validate it
before the first entry date (normally 6-11 months from visa grant).

Jeremy

David

[email protected] (JAJ) wrote in message
news:<[email protected]>...
    > >On 29 Apr 2002 11:12:52 -0700, [email protected] (David) wrote:
    >
    > >hi After i land in australia for the first time. Can i return to my home country
    > >to finish up my job?
    >
    > Yes. Your first entry must be before the 'first entry date'. Athough a short
    > holiday will do, that date is not flexible.
    >
    > >how long can i be out of australia without jepordizing my PR
    >
    > You must return to Australia before the expiry date of your visa (5 years in the
    > future). If you want to avoid travel restrictions after the expiry date of your
    > initial visa you should return to Australia within 3 years of visa grant.
    >
    > >If i can do i need to get permission to leave from australia? thanks
    >
    > Your migrant visa has a re-entry facility valid for 5 years, provided you validate
    > it before the first entry date (normally 6-11 months from visa grant).
    >
    > Jeremy

hi jeremy thanks for replying. Please explain "trave restrictions after the
expiry date". Will i not be able to leave australia. When will travel
restrictions be lifted?

If i do stay out of australia for 4 1/2 years after my intial landing in australia do
i need a visa such as a returning resident visa to return or can i go back on my pr
visa? thanks

Jaj

If you are in Australia after your visa expires, but don't qualify for a resident
return visa, you will be able to stay as a PR but not leave Australia - even for
a holiday.

If you stay out for 4.5 years after initial landing you will be allowed to enter
Australia on your PR visa, but after the 5 year expiry data you may not get an RRV
for a while, so you'll be stuck in Australia if you want to keep your PR.

Have a look at: http://australianz.topcities.com/permanent.htm if you want a more
detailed explanation.

Jeremy

    >
    >hi jeremy thanks for replying. Please explain "trave restrictions after the
    >expiry date". Will i not be able to leave australia. When will travel
    >restrictions be lifted?
    >
    >If i do stay out of australia for 4 1/2 years after my intial landing in australia
    >do i need a visa such as a returning resident visa to return or can i go back on my
    >pr visa? thanks

David

[email protected] (David) wrote in message
news:<[email protected]. com>...
    > [email protected] (JAJ) wrote in message
    > news:<[email protected]>...
    > > >On 29 Apr 2002 11:12:52 -0700, [email protected] (David) wrote:
    >
    > > >hi After i land in australia for the first time. Can i return to my home country
    > > >to finish up my job?
    > >
    > > Yes. Your first entry must be before the 'first entry date'. Athough a short
    > > holiday will do, that date is not flexible.
    > >
    > > >how long can i be out of australia without jepordizing my PR
    > >
    > > You must return to Australia before the expiry date of your visa (5 years in the
    > > future). If you want to avoid travel restrictions after the expiry date of your
    > > initial visa you should return to Australia within 3 years of visa grant.
    > >
    > > >If i can do i need to get permission to leave from australia? thanks
    > >
    > > Your migrant visa has a re-entry facility valid for 5 years, provided you
    > > validate it before the first entry date (normally 6-11 months from visa grant).
    > >
    > > Jeremy
    >
    > hi jeremy thanks for replying. Please explain "trave restrictions after the
    > expiry date". Will i not be able to leave australia. When will travel
    > restrictions be lifted?
    >
    > If i do stay out of australia for 4 1/2 years after my intial landing in australia
    > do i need a visa such as a returning resident visa to return or can i go back on my
    > pr visa? thanks

hi one more question

After i migrate and return to the U.S say i have a child in american can i apply for
the child for PR to australia from the U.S.A or do i have to be in australia to
sponser my child. thanks

Jaj

Australian permanent residents can sponsor their overseas born children for residence
in Australia though the Family Stream-Dependent Child.

Permanent residents are required to be 'usually resident' in Australia. You might
therefore be required to complete a statutory declaration saying your absence from
Australia was temporary and you intended to return there.

There is an onshore equivalent of the Dependent Child visa. As the child would be
able to have a US passport, you might be able to bring him/her into Australia on an
Electronic Travel Authority and sponsor for PR onshore. That route is A$500 more
expensive however, and there is always the risk of the child'e entry to Australia
being refused if they think the intention is for an onshore PR application.

If the child is born in Australia to a parent who is an Australian permanent
resident, then he/she will be an Australian citizen automatically with no need for
visas or sponsorship.

By the way, 4.5 years is a very long time to finish you a job.

Jeremy

    >On 30 Apr 2002 16:01:15 -0700, [email protected] (David) wrote:

    >[email protected] (David) wrote in message
    >news:<[email protected] .com>...
    >> [email protected] (JAJ) wrote in message
    >> news:<[email protected]>...
    >> > >On 29 Apr 2002 11:12:52 -0700, [email protected] (David) wrote:
    >>
    >> > >hi After i land in australia for the first time. Can i return to my home
    >> > >country to finish up my job?

    >>
    >> If i do stay out of australia for 4 1/2 years after my intial landing in australia
    >> do i need a visa such as a returning resident visa to return or can i go back on
    >> my pr visa? thanks
    >
    >
    >hi one more question
    >
    >After i migrate and return to the U.S say i have a child in american can i apply for
    >the child for PR to australia from the U.S.A or do i have to be in australia to
    >sponser my child. thanks

Alan Collett

Just a quick word or three regarding the phrase "usually resident".

My understanding is that this phrase is usually interpreted by DIMIA and others with
reference to a UK case that dealt with the concept of where a person is ordinarily
resident: Shah v Barnet London Borough Council [1983] for those who are interested.

If you can address the points that came out in that case you should be able to
satisfy DIMIA that you are "usually resident" in Australia.

Hope this helps.

Alan C www.gomatilda.com

JAJ wrote in message <[email protected]>... Australian permanent
residents can sponsor their overseas born children for residence in Australia though
the Family Stream-Dependent Child.

Permanent residents are required to be 'usually resident' in Australia. You might
therefore be required to complete a statutory declaration saying your absence from
Australia was temporary and you intended to return there.

There is an onshore equivalent of the Dependent Child visa. As the child would be
able to have a US passport, you might be able to bring him/her into Australia on an
Electronic Travel Authority and sponsor for PR onshore. That route is A$500 more
expensive however, and there is always the risk of the child'e entry to Australia
being refused if they think the intention is for an onshore PR application.

If the child is born in Australia to a parent who is an Australian permanent
resident, then he/she will be an Australian citizen automatically with no need for
visas or sponsorship.

By the way, 4.5 years is a very long time to finish you a job.

Jeremy

    >On 30 Apr 2002 16:01:15 -0700, [email protected] (David) wrote:

    >[email protected] (David) wrote in message
news:<[email protected]. com>...
    >> [email protected] (JAJ) wrote in message
news:<[email protected]>...
    >> > >On 29 Apr 2002 11:12:52 -0700, [email protected] (David) wrote:
    >>
    >> > >hi After i land in australia for the first time. Can i return to my home
    >> > >country to finish up my job?

    >>
    >> If i do stay out of australia for 4 1/2 years after my intial landing in australia
    >> do i need a visa such as a returning resident visa to return or can i go back on
    >> my pr visa? thanks
    >
    >
    >hi one more question
    >
    >After i migrate and return to the U.S say i have a child in american can i apply for
    >the child for PR to australia from the U.S.A or do i have to be in australia to
    >sponser my child. thanks

Jaj

There is a mention of this case at:
http://www.ind.homeoffice.gov.uk/def...sp?PageId=2557

I can't find any other online reference, the Bailii database only goes back to the
mid 1990s - unless you know of one, Alan?

Jeremy

    >On Wed, 1 May 2002 21:28:10 +1000, "Alan Collett" <[email protected]> wrote:

    >Just a quick word or three regarding the phrase "usually resident".
    >
    >My understanding is that this phrase is usually interpreted by DIMIA and others with
    >reference to a UK case that dealt with the concept of where a person is ordinarily
    >resident: Shah v Barnet London Borough Council [1983] for those who are interested.
    >
    >If you can address the points that came out in that case you should be able to
    >satisfy DIMIA that you are "usually resident" in Australia.
    >
    >Hope this helps.

Alan Collett

Have just done a google search Jeremy, and here are some links to related sites
citing the case I mentioned: http://www.lawreports.co.uk/civjun0.1.htm
http://www.jumper.demon.co.uk/rev2.htm

It would seem from these cases that it is possible to be ordinarily resident in more
than one place at the same time ...

Regards.

Alan C

JAJ wrote in message <[email protected]>... There is a mention of
this case at: http://www.ind.homeoffice.gov.uk/def...sp?PageId=2557

I can't find any other online reference, the Bailii database only goes back to the
mid 1990s - unless you know of one, Alan?

Jeremy

    >On Wed, 1 May 2002 21:28:10 +1000, "Alan Collett"
<[email protected]> wrote:

    >Just a quick word or three regarding the phrase "usually resident".
    >
    >My understanding is that this phrase is usually interpreted by DIMIA and others with
    >reference to a UK case that dealt with the concept of where a person is ordinarily
    >resident: Shah v Barnet London Borough Council [1983] for those who are interested.
    >
    >If you can address the points that came out in that case you should be able to
    >satisfy DIMIA that you are "usually resident" in Australia.
    >
    >Hope this helps.

David

[email protected] (JAJ) wrote in message
news:<[email protected]>...
    > Australian permanent residents can sponsor their overseas born children for
    > residence in Australia though the Family Stream-Dependent Child.
    >
    > Permanent residents are required to be 'usually resident' in Australia. You might
    > therefore be required to complete a statutory declaration saying your absence from
    > Australia was temporary and you intended to return there.
    >
    > There is an onshore equivalent of the Dependent Child visa. As the child would be
    > able to have a US passport, you might be able to bring him/her into Australia on an
    > Electronic Travel Authority and sponsor for PR onshore. That route is A$500 more
    > expensive however, and there is always the risk of the child'e entry to Australia
    > being refused if they think the intention is for an onshore PR application.
    >
    > If the child is born in Australia to a parent who is an Australian permanent
    > resident, then he/she will be an Australian citizen automatically with no need for
    > visas or sponsorship.
    >
    > By the way, 4.5 years is a very long time to finish you a job.
    >
    > Jeremy
    >
    > >On 30 Apr 2002 16:01:15 -0700, [email protected] (David) wrote:
    >
    > >[email protected] (David) wrote in message
    > >news:<[email protected] .com>...
    > >> [email protected] (JAJ) wrote in message
    > >> news:<[email protected]>...
    > >> > >On 29 Apr 2002 11:12:52 -0700, [email protected] (David) wrote:
    >
    > >> > >hi After i land in australia for the first time. Can i return to my home
    > >> > >country to finish up my job?
    >
    > >>
    > >> If i do stay out of australia for 4 1/2 years after my intial landing in
    > >> australia do i need a visa such as a returning resident visa to return or can i
    > >> go back on my pr visa? thanks
    > >
    > >
    > >hi one more question
    > >
    > >After i migrate and return to the U.S say i have a child in american can i apply
    > >for the child for PR to australia from the U.S.A or do i have to be in australia
    > >to sponser my child. thanks

hi So jeremy is it safe to say that if i have a child in the U.S i can sponser my
child will in the the U.s under the family stream migration for australian pr with no
problems will applying from overseas thanks

Jaj

No it's not 'safe' to say that you can, but others in the same circumstances
have done so.

Jeremy

    >
    >On 1 May 2002 10:49:57 -0700, [email protected] (David) wrote:
    >
    >hi So jeremy is it safe to say that if i have a child in the U.S i can sponser my
    >child will in the the U.s under the family stream migration for australian pr with
    >no problems will applying from overseas thanks