Keeping my Perm Res Visa

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Old Dec 28th 2005, 8:36 pm
  #1  
Den
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Default Keeping my Perm Res Visa

I am an American citizen. I presently have an Australian Permanent
Residence Visa. I was in AUS in 2001 for a short visit to extend my
Perm Res Visa- it expired July 2001. I worked, had a residence and my
family was with me. My visa lapsed at that time, but since I had what
would be considered "substantial ties" in the form of a job, and
residence, I was given another five years. I have spent the majority
of time away from Australia.
Those five years are now up this July 2006. I may move back
permanently, however if circumstances do not allow, I may need to
arrive and do the same thing as in 2001.
Is there anything new I show know about in terms of gaining an
extension of my lapsed visa once I am in the country. I intend to come
to Australia so very much wish to keep my visa.
Thanks.
 
Old Dec 28th 2005, 10:25 pm
  #2  
JAJ
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Default Re: Keeping my Perm Res Visa

Originally Posted by Den
I am an American citizen. I presently have an Australian Permanent
Residence Visa. I was in AUS in 2001 for a short visit to extend my
Perm Res Visa- it expired July 2001. I worked, had a residence and my
family was with me. My visa lapsed at that time, but since I had what
would be considered "substantial ties" in the form of a job, and
residence, I was given another five years. I have spent the majority
of time away from Australia.
Those five years are now up this July 2006. I may move back
permanently, however if circumstances do not allow, I may need to
arrive and do the same thing as in 2001.
Is there anything new I show know about in terms of gaining an
extension of my lapsed visa once I am in the country. I intend to come
to Australia so very much wish to keep my visa.
Thanks.

There has been no substantial change to the RRV rules since 2001. Form 968i gives the details:
http://www.immi.gov.au/allforms/pdf/968i.pdf

Just because you were granted an RRV in 2001 does not mean you will be granted another one on "substantial ties" grounds, especially if you are not *living* in Australia.

Also be aware of the "5 year rule" regarding absences from Australia, which is additional to "substantial ties".

If you really want to keep your Australian PR the safest option is:

- Move back to Australia before July 2006; and
- Make sure you are in Australia on the day your RRV expires; and
- Do not leave Australia without a new RRV

It may be best to plan to become an Australian citizen. Once you have citizenship, you can freely move into and out of Australia.
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