Paul Hand

We are only looking at days in the last 5 years, but it would seem, based on what you have said that you meet the requirement now.



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Paul Hand
MARN 1801974

peace19

Yes, if we take my stay in Australia since Jan 2016, then I have lived total 742 days.


20/01/2016 - 19/07/2017: 546
21/11/2017 - Till date: 196
Total: 742 days

louie

If you are worrying about this, just withdraw the original application now and reapply. It will stop you stressing and, assuming you plan to go for citizenship as soon as you can, will probably make no difference to future visa costs as you won't need another RRV in the future (but see below).

Incidentally, you will qualify for citizenship on 27 June 2019 if you leave on 5 July, return on 10 August 2018 and don't leave again before 27 June 2019. See here. So you would be paying for a second RRV unnecessarily if you don't plan on leaving Australia between the first, one year RRV expiring and acquiring citizenship (or more accurately, a passport), which can take many months.

peace19

Thank you louie for your response.

Yes I do worry and as of now I've planned to travel overseas on 3rd July. (Will pay for ticket tomorrow)

As per my understanding, now I meet 2 years requirement (730+ days stay in Australia in last 5 years) therefore I will get 5 years RRV AND my RRV application will be processed maximum by 8 working days? Please correct me if I'm wrong.

And thank you for giving me citizenship details. I'll use the same link to calculate citizenship dates.

Bye.
Peace!

louie

I don't know any more than you about processing times but I can say that hubby and I both applied for 5 year RRVs earlier this year and got them in less than a week. But as there is no discretion about whether you qualify (assuming the dates you have given are correct), it wouldn't be the end of the world if you had to leave before it was granted - it could be granted whilst you were offshore if necessary.

Paul Hand

As I mentioned above: if you travel offshore without a valid RRV, even if you are granted a new one whilst you are offshore, this will create a gap in your permanent residency, which may cause you citizenship issues down the line. If you do go this route - get a bridging visa B before you leave to be absolutely sure of a route back.

louie

I missed that and I must say in all my years on BE I've never heard of that before. It will affect me directly too if that is the case as I left without an RRV a couple of years when my m-i-l was terminally ill in the UK. Has anyone had any direct experience of this?

spouse of scouse

Hopefully Paul will return to expand on his post, as what he's said would be news to many.

Paul Hand

Sure, let me try and expand, and I'll quote from Departmental policy (in italics with my emphasis):

As you know, under current citizenship law, "to meet the general residence requirement a person is required to have been lawfully present in Australia for a period of four years immediately prior to making their application, including the last 12 months as a permanent resident."

An applicant for citizenship can "be absent for up to 90 days within the 12 months permanent residence immediately before applying providing they remain a permanent resident during this time."

The law around when a person is defined as a permanent resident is summarised as: "in relation to periods spent outside Australia, a person is a permanent resident during those periods if they have permission to return to Australia as a permanent resident, such as a Resident Return visa, an Authority to Return or a Return Endorsement."

Therefore, being outside Australia, without a valid visa to return as a permanent resident, breaks your continuous PR for citizenship purposes. This probably does not catch many people now, with the 12 month PR requirement, but if the Government gets its way and increases the PR period to 4 years (and doesn't change the definition of PR for citizenship), then clearly there are more chances for this to be an issue.

Hope this helps.

louie

Well that is interesting. I think everyone on here has previously taken "permanent" to mean "permanent, unless you are granted another - temporary - visa which supersedes the permanent one". But in fact, permanent doesn't mean permanent at all. Has that always been the case or is it something relatively recent?

I wish I had known that a couple of years ago. I would have put getting a RRV higher up the list of priorities when we had to go back to the UK. I guess I'll just have to cross my fingers that the law doesn't change before I qualify for citizenship under current rules next year.

If I were you, Peace, I'd definitely withdraw my current RRV application and apply again now, rather than waiting until the last minute, just in case there is an unforeseen delay, as this would affect you as the law stands now if you want citizenship as soon as you qualify.

Pollyana

Certainly the first time its ever been mentioned on here, could make a big difference to some people, as you say.

Paul Hand

[LEFT] This is a topic that does seem to cause some confusion.

Permanent means permanent whilst you stay onshore, however if you are offshore, you are only considered a permanent resident of Australia if you hold a valid visa allowing you to return as a PR. If your PR Visa expires when you are offshore, or you leave with an expired travel authority, you are no longer a permanent resident, you have become a former permanent resident. To regain your permanent residence status you need to meet the criteria for, and be granted, an RRV.

Former PRs are able to get RRVs, even if they have entered Australia as a temporary visa holder in the interim. The temporary visa does not ‘cancel’ the PR as the PR no longer exists. There are various permutations of requirements for an RRV based on your location when applying and the length of your absence from Australia - the exact details will depend on your exact circumstances.

peace19

Hi all,

I got RRV visa for 5 years after reapplying. Details here.

how much time it takes to process withdrawn application?

Thanks
Peace!