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Interest in Australia - how many years in australia

Interest in Australia - how many years in australia

Old Apr 14th 2008, 11:58 am
  #16  
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Default Re: Interest in Australia - how many years in australia

Originally Posted by JAJ View Post
That's a reasonable guide.

Many people ask this question and are disappointed when they can't get a definitive answer from an online forum. Most agents don't have much experience in this area either.

The problem is that DIAC policy is just a guideline and it is down to the individual decision maker to apply these guidelines. In some cases, there is an appeal right to the Migration Review Tribunal.

Some extracts from the policy manual are, for "employment ties":

An applicant who is currently employed in Australia, or who has accepted a formal offer of employment in Australia, has an employment tie with Australia. An applicant employed outside Australia may also be considered to have employment ties with Australia if employed by an organisation such as:

• an Australian owned organisation (eg a company, university, college, religious organisation, etc)
• a Commonwealth, State, Territory or Local Government organisation (including a Government Business Enterprise or a Statutory Authority/agency)
• an international organisation to which the International Organisations (Privileges and Immunities) Act 1963 applies within the meaning of ss 3(1) of that Act (see Attachment 4)
• the Australian office of a multinational company or a foreign owned company or
• an Australian community/charity organisation or the Australian office of an international charity organisation.

... In assessing whether an employment tie is substantial, a relevant consideration is whether the applicant is employed in a permanent, temporary or contract capacity, and an agreed wage or salary is paid to undertake the work. Casual work would not normally be considered to be a substantial tie.

... An applicant's substantial employment tie may be of benefit to Australia if the applicant:
• is employed, or has accepted employment, in Australia
• is employed outside Australia by an organisation specified in 4.4.20 above or
• is employed outside Australia by an organisation involved in activities such as
– generation of income for Australia
– promotion of Australian exports
– enhancing Australia's international reputation/goodwill
– using Australian technology offshore or
– introducing new technology into Australia


and "personal ties":

Decision makers have the flexibility to consider a range of personal ties to Australia that may not fall under the categories of business, cultural or employment ties, but are the reason for the applicant's wish to return to Australia. Examples of personal ties include but are not limited to:

• long term residence in Australia prior to the last five years, particularly, if the applicant has spent their formative years in Australia, or studied or been employed in Australia
• ownership of a home and/or other personal assets in Australia
• the applicant has close family members, or close friends in the nature of family, who are permanent residents or citizens and who reside in Australia or
• the applicant is travelling or residing overseas with an Australian citizen spouse and/or children who may suffer hardship if the applicant was not granted an RRV.

... Relevant considerations in assessing whether a personal tie is substantial are whether an applicant regards Australia as home and whether the applicant has stronger ties of a similar nature in any other country. It is recognised that a person may have substantial ties to more than one country.

... Therefore, the applicant’s physical and emotional ties with Australia should be weighed against ties in any other country (for example; place of residence, house, schooling of children, residence of spouse, citizenship of immediate family, family and friend ties and general identification).

.... The applicant’s personal, physical and emotional ties to Australia should outweigh the applicant’s ties to any other country.

... Substantial personal ties may be of benefit to Australia in the sense that the applicant is a participating member of the Australian community and economy, or that they are likely to become a participating member of the Australian community and economy in the future, and that their ties enrich the lives of individual Australian residents and citizens.

... It is also relevant to consider the potential hardship to the applicant’s Australian citizen family unit members (who can travel to and from Australia at will), or to any other Australian citizens with whom the applicant has close ties, if the applicant is not granted an RRV.


----------

One can also have "business" or "cultural" ties but these are less usual.

Bear in mind that the rules for RRVs, or the policy, could be changed anytime.

You can go to http://www.austlii.edu.au and search the Migration Review Tribunal decisions database for rulings on RRV appeals. Some appeals succeed, others don't.

Thats a big chunk of helpful information to digest. Did you get it from www.austlii.edu.au?


Thank you very much. Im beginning to see some light.......

We still have some time on our side, having left Oz early 2007 after 2 years of residency. It would mean we have up till early 2015 to re-enter Oz on a RRV.

Warm regards
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Old Apr 14th 2008, 12:13 pm
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Default Re: Interest in Australia - how many years in australia

Jeremy, you are a star. Thank you. Looks like I'd better get job-hunting when the time comes....
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Old Apr 15th 2008, 2:46 am
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Default Re: Interest in Australia - how many years in australia

Originally Posted by jan&co View Post
We still have some time on our side, having left Oz early 2007 after 2 years of residency. It would mean we have up till early 2015 to re-enter Oz on a RRV.
If you have clocked up 2 years in 5 now, you could apply for RRVs to extend your status until 2013.

Nothing stops you repeating the exercise later on as long as you still have the 2 years in the previous 5.
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Old Apr 15th 2008, 2:47 am
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Default Re: Interest in Australia - how many years in australia

Originally Posted by louie View Post
Jeremy, you are a star. Thank you. Looks like I'd better get job-hunting when the time comes....
It's unclear how this would benefit you if you are not living in Australia. The employment concession usually applies to those either living in Australia, or sent overseas by their Australian employer.
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Old Apr 15th 2008, 4:15 am
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Default Re: Interest in Australia - how many years in australia

Originally Posted by JAJ View Post
If you have clocked up 2 years in 5 now, you could apply for RRVs to extend your status until 2013.

Nothing stops you repeating the exercise later on as long as you still have the 2 years in the previous 5.
Visa granted 11 Nov 2004 - must not arrive after 11 Nov 2009. Multiple Travel. Permitted to remain in Australia indefinitely.

Entered Australia 20 Feb 2005. Left 21 Feb 2007. Which means 20 Feb 2010 will be end of our first 5 years. The second term of 5 years will start on
21 Feb 2010 till 20 Feb 2015. Does it mean the latest we need to apply for RRV to re-enter Australia is before 20 Feb 2015?

Between now and then, we hope to visit again on short trips. Would such trips be considered as part of 2 out of 5 years requirement?


Hope it not too confusing.

Have a nice day.

Last edited by jan&co; Apr 15th 2008 at 4:16 am. Reason: editing infor.
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Old Apr 15th 2008, 7:15 am
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Default Re: Interest in Australia - how many years in australia

Originally Posted by jan&co View Post
Visa granted 11 Nov 2004 - must not arrive after 11 Nov 2009. Multiple Travel. Permitted to remain in Australia indefinitely.

Entered Australia 20 Feb 2005. Left 21 Feb 2007. Which means 20 Feb 2010 will be end of our first 5 years. The second term of 5 years will start on
21 Feb 2010 till 20 Feb 2015. Does it mean the latest we need to apply for RRV to re-enter Australia is before 20 Feb 2015?

Between now and then, we hope to visit again on short trips. Would such trips be considered as part of 2 out of 5 years requirement?


Hope it not too confusing.

Have a nice day.
No, you'll need to apply for a RRV if you plan on coming back on 21st Feb 2010 because your initial five years will have finished.

Sorry, just looked at what you put and am a bit confused by word latest.

If you come back between now and 20th Feb 2010, that will add to your time here, however long it lasts.
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Old Apr 15th 2008, 8:11 am
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Default Re: Interest in Australia - how many years in australia

[QUOTE=moneypen20;6210319]No, you'll need to apply for a RRV if you plan on coming back on 21st Feb 2010 because your initial five years will have finished.

Sorry, just looked at what you put and am a bit confused by word latest.



Thanks, moneypen20. "Does it mean the latest we need to apply for RRV to re-enter Australia is before 20 Feb 2015?"


Feb 2005 - Feb 2007 - first 2 out of 5 years(ending 20 Feb 2010)
Feb 2010 - Feb 2015 - second term of 5 years (ending 20 Feb 2015)

By this, I mean if we re-settle in Australia for our second 2 out of 5 years residency requirement before 20 Feb 2015, we do not need an RRV cos the second term ends only on 20 Feb 2015. As long as one arrives on the last day before date of expiry, visa is still valid. Am I missing something here?


There must be someone out there with similar situations?.......
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Old Apr 15th 2008, 8:39 am
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Default Re: Interest in Australia - how many years in australia

[QUOTE=jan&co;6210575]
Originally Posted by moneypen20 View Post
No, you'll need to apply for a RRV if you plan on coming back on 21st Feb 2010 because your initial five years will have finished.

Sorry, just looked at what you put and am a bit confused by word latest.



Thanks, moneypen20. "Does it mean the latest we need to apply for RRV to re-enter Australia is before 20 Feb 2015?"


Feb 2005 - Feb 2007 - first 2 out of 5 years(ending 20 Feb 2010)
Feb 2010 - Feb 2015 - second term of 5 years (ending 20 Feb 2015)

By this, I mean if we re-settle in Australia for our second 2 out of 5 years residency requirement before 20 Feb 2015, we do not need an RRV cos the second term ends only on 20 Feb 2015. As long as one arrives on the last day before date of expiry, visa is still valid. Am I missing something here?


There must be someone out there with similar situations?.......
Either you or I are getting confused. If you move back, you can get citizenship as you've done your 2 years during your original visa duration. If you don't come back at all until after 20th Feb 2010, you'll need to apply for a RRV to allow you to come and go. However, because you've done your 2 years there's no point in applying for RRVs as you can and should, IMO, just apply for citizenship and then you can come and go to your hearts content.

Does that make things clearer or murkier or shall I just shut up
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Old Apr 15th 2008, 8:52 am
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Default Re: Interest in Australia - how many years in australia

[QUOTE=moneypen20;6210704]
Originally Posted by jan&co View Post

Either you or I are getting confused. If you move back, you can get citizenship as you've done your 2 years during your original visa duration. If you don't come back at all until after 20th Feb 2010, you'll need to apply for a RRV to allow you to come and go. However, because you've done your 2 years there's no point in applying for RRVs as you can and should, IMO, just apply for citizenship and then you can come and go to your hearts content.

Does that make things clearer or murkier or shall I just shut up

I think we are getting clearer, slowly and surely.
If you move back, you can get citizenship as you've done your 2 years during your original visa duration. While citizenship is our first option, our country does not allow dual citizenship.

If you don't come back at all until after 20th Feb 2010, you'll need to apply for a RRV to allow you to come and go. This is what I understand too - that we would need the RRV AFTER 20th Feb 2010, not before. *Will check on after 20 Feb 2010 or 2015.....


Hopefully all the exchanges help someone out there too.


Thanks for all the feedback/advice/info/posts. Have a great day.



Warmest regards

Last edited by jan&co; Apr 15th 2008 at 9:00 am.
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Old Apr 15th 2008, 12:28 pm
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Default Re: Interest in Australia - how many years in australia

Originally Posted by JAJ View Post
It's unclear how this would benefit you if you are not living in Australia. The employment concession usually applies to those either living in Australia, or sent overseas by their Australian employer.
I probably didn't explain myself properly. The chances are that we won't be able to go until nearly the end of the period for which our visa is valid (let's say four years after it was granted), so we won't qualify for a RRV on the 2 out of 5 year residence basis until some time after the five years is up. But it sounds as if we would be OK for an RRV as long as one of us gets a job (we were thinking of taking a year off and travelling round the country before settling down). I'm just not very comfortable with the idea of not being able to leave the country if we feel like it....

Originally Posted by jan&co View Post
Visa granted 11 Nov 2004 - must not arrive after 11 Nov 2009. Multiple Travel. Permitted to remain in Australia indefinitely.

Entered Australia 20 Feb 2005. Left 21 Feb 2007. Which means 20 Feb 2010 will be end of our first 5 years. The second term of 5 years will start on
21 Feb 2010 till 20 Feb 2015. Does it mean the latest we need to apply for RRV to re-enter Australia is before 20 Feb 2015?

Between now and then, we hope to visit again on short trips. Would such trips be considered as part of 2 out of 5 years requirement?


Hope it not too confusing.

Have a nice day.
As I understand it, unless the rules change, you need to apply for a RRV before 20 February 2010 and you will as of right get one valid for five years from the date on which it is granted, taking you up to February 2015 at the latest, at which point you will need another RRV.

It might be preferable to apply for your first RRV before 11 November 2009, ie within the validity of your current visa. There's nothing stopping you applying to renew it before 20 February 2010 if you want to maximise its validity.

Any holidays in Oz between now and 20 February 2010 will extend the date by which you have to apply on a day for day basis.

Last edited by louie; Apr 15th 2008 at 12:37 pm.
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