vineetbahl

I had procured a PR (Subclass 176) in July 2009 and visited Australia for Four Months to try and search for jobs in the meanwhile I got a really good offer in India(My home country) so I returned back. I want ot know how can I maintain/Get (RRV Subclass 155) after the subclass 176 expires (Say About 2014) if I do not stay in Australia for two years.

According to the IMMIA Website if “You are the immediate family member of a Resident Return Visa holder.” Then you are eligible for RRV. My elder sister is an RRV currently staying in Australia for last eleven years would this ensure I get eligible for Subclass 155 once my Subclass 176 expires as I want to settle in Australia permanently once I get a decent job in Australia.


Regards,
Vineet Bahl

Bermudashorts

You can move back to Australia anytime before the visa expires, even the day before. You can then stay put in Australia indefinitely and only need a RRV if you want to travel out of and return to the country.

You don't have to have 2 years living in Australia if you can prove substantial ties. These could be work, a home or family.

I do not think having a sister in the country would count as a substantial tie on its own however, spouse or children clearly would be but sister seems tenuous, particularly as you obviously have lived in different countries for the last 11 years and thus are currently not substantially tied to your sister.

vineetbahl

Dear Bermudashorts,

Thanks for your reply. However, I think you did'nt get my point. I can move to australia anytime within next four years but then I cannot come back. I have a good job in India and I want to continue doing the same until i find a better job in Australia. Hence, what I am looking for is an arrangements where in I can continue to live in India and yet maintain my Australian PR. If this can be achieved by purchasing a House in Australia I can do that.

Regards,
Vineet Bahl

Bermudashorts

If you do not make the move to Australia and your visa "expires" (you know what I mean, the travel bit expires), you are not going to be able to get a RRV. Buying a house but not living in it will not count as a substantial tie, it would just be an investment.

vineetbahl

So in Nutshell I have to Stay there for two years to maintain my PR. There has to be someotherway out. Would Job not be a compelling reason for working in India

Regards,
Vineet Bahl

Bermudashorts

In a nut shell you have to either spend two years in Australia or prove you have substantial ties. If you are living and working in Indis, then you will not be able to prove you have substantial ties.

There does not "have to be a way of sorting something out" this is the criteria. People have lost ther visas because they did not make the move within the five years.

No a job in India is not going to be a compelling reason for not moving. I presume most people have jobs in their home country before they move.

vineetbahl

Well this is different in my case because I got this Job offer while I was in Australia. I moved to Australia immediately after I got the PR and started searching for Jobs however, while in Australia. One big Multi-national company called me up and offered me a job. I moved back from Australia to join this MNC.

My question is what exactly would count towards
Substantial Ties

also since I have completed Three months in Australia if I manage to stay for some twenty more months (two months at a time) over various streches of time shall I be eligible for RRV.


Regards,
Vineet Bahl

Bermudashorts

It isn't different for you. It is exactly the same as for anyone else. If you don't want to listen then so be it. It's your visa.

aussie_best

To get a job offer from USA,UK,Canada etc. while people are living in Australia is not very uncommon. You have to set priorities whether you want to stay in India permenantly or live in Australia or from Australia move to US or UK (with job offer and Australian passport) for better paying jobs.

Substantial Ties means your home in which you live permenantly. Yes there is a way if you can buy a home in Australia and then show from your flight/immigration records that you are coming to your home in Australia every month or so and then flying back.Substantial ties means where your wife and children live/study permenantly. Substantial Ties means your employer in India is sending your salary in your Australian Bank accounts and you are paying proper Australian taxes on that etc.

RRV is normally not very easy to get and with the span of time the procedure will become more and more difficult.

louie

If you are not resident in Australia, you would not have any tax liability on overseas earnings in Australia

moneypenny20

DIAC assume that when they issue someone a visa (regardless of country of origin) that that person is going to make Australia their home. Whilst they understand inability to find work and family situations could mean that you (general) would have to leave for another country, they do give you five years to get stuff sorted and then the possiblity of an RRV but they can't give 'open house', at some point they have to draw the line and so make rules as to how to be eligible for that. If you can't fulfil the criteria then you lose the visa - end of (in the minds of DIAC).

Substantial ties means more than an investment property and a sister you have little physical contact with.

aussie_best

Yes a resident can be temporarily overseas but he must prove that the absences were temporary in nature..

Bermudashorts

But he quite clearly isn't temporarily absent from Australia. He came once, left again and started a new life and a new job back in India. That does not equal temporarily absent and OP is not going to convince anyone that it is.

aussie_best

agreed...one needs to set priorities in life 5 years ago when I had PR I was offered job in Malaysia in multinational and the salary was pretty very good in Euro. I turned that option down at that time and then after Australian passport got much more better options in europe/US/UK.