Dustyman

I recieved a Perm. Res. visa Sub Class 136 on 16th Nov. 2005. It states on the visa 'Multipe Travel' 'Permitted to stay in Australia indefinitely'.

I entered Australia on 8th Feb. 06, however I had to return to Ireland only 7 weeks later! I've been out of Australia ever since, i.e nearly 2 years now. I never applied for a returning resident visa, should I have?

My question is can I return to Australia? I was hoping to return later this year. I wonder hoever can I now? will they, Immigration officials, stop me?

JAJ

It should say on your visa "Must not arrive after [date]."

What is the date?

Dustyman

Thanks for reply.
It states on my visa 'must not arrive after 16 Nov 10'. My understanding was that the visa would be invalid if I tried to arrive after that date. However I 'arrived' in Australia on 8th Feb. 06. I was just wondering should I have applied for a 'returning resident visa' before i left? Will they stop me now. I've been out of Oz for 2 years now.

JAJ

The clue is in the words "Multiple Travel". The visa lets you enter Australia as a resident more than once.

Dustyman

Is the returning resident visa therefore only for someone who, is outside Australia and their visa has expired (because they stayed out to long) or for a PR visa holder who's visa will expire during their time outside of Australia.
Excuse my ignorance on these matters!

Pollyana

The return resident visa is for people both inside and outside of Australia, when the PR visa has expired, subject to various conditions.

Your own visa will be valid for as many entries as you wish to make, up until 16 Nov 2010. Until then you are covered by the bit that says multiple entry. You don't need to worry about RRV until after 16 Nov 2010.

JAJ

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

Incidentally, if you want to become an Australian citizen under the 2 year residence rule, you need to move quickly. If you cannot accumulate 2 years physical presence and apply for citizenship before 30 June 2010, you will need to wait 4 years for citizenship.

ex_exile

As you can spend up to a year outside of Australia and still qualify under the "4 years" rule doesnt this effectivly mean you only have to have 3 years physical presence in Australia as long as you validated at least 4 years prior to application provided that this presence includes 9 of the prior 12 months?

JAJ

The rule is:
" (1) Subject to this section, for the purposes of section 21 a person satisfies the residence requirement if:

(a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and
(b) the person was not present in Australia as an unlawful non-citizen at any time during that 4 year period; and
(c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the
person made the application.

(1A) If:
(a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and
(b) the total period of the absence or absences was not more than 12 months;
then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.


(1B) If:
(a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and
(b) the total period of the absence or absences was not more than 3 months; and
(c) the person was a permanent resident during each period of absence;

then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence."

So maybe in some circumstances the 4 year requirement effectively drops to 3 years.

Dustyman

Thanks for replies folks and info contained. Much appreciated.
Thank you!