hi just wondering if anyone has advice on the impact of applying for an ETA for a short 4 week trip to Oz at Christmas on future applications for an RRV? I have PR as do my 2 kids as husband has dual UK and Aus passports. We moved to Oz in 2012 and then had to move back to the UK in 2014. Me and the kids were awarded PR in 2012 just before we moved and had fully intended to stay but life had other plans. The travel component of our PR expired in October 2017 and I applied for a one year RRV. That’s about to expire and we want to visit at Christmas. I called the dept of immigration and they say it’s up to me whether I apply for another RRV or an ETA but using an ETA could adversely affect any further applications for an RRV in the future. Just wondering if anyone has similar situation, thanks.

Thanks yes that’s what I understand- just looking for others experiences, thanks for replying

yes I think I’ll go for the Rrv. Both my kids. Keen to return to Oz so want to keep my options open for them

The way to look at this is that if you are offshore and your RRV (or other permanent visa) has not expired then you are a permanent resident. If your RRV (or other permanent visa) has expired and you are offshore you are no longer a permanent resident, you are a former permanent resident. It is not true that your permanent residence “does not expire”, it does if you are offshore, but you are able to reinstate it through the grant of an RRV if you have maintained substantial ties to Australia.

In most cases it makes no difference, if after your PR visa has expired, you travel to Australia on a temporary visa. You have no permanent residence to “cancel”. A former permanent resident is able to be granted an RRV if they meet the grant criteria, whether or not they have visited Australia on a temporary visa in the interim or not. There are some differences in how different scenarios are handled, but it does not change this fundamental point.

Thanks for that. When I spoke to the Dept call centre on this the explanation I got was that ones initial grant of PR has two aspects - the status of residence and the travel component. Whilst the travel component may expire ones status as a PR does not change even if you are offshore, and you can’t be both a tourist and a permanent resident therefore if you enter Australia as a tourist, you in effect ‘cancel ‘ the PR status. Both scenarios make sense to me and I think in the end it’s going to be a judgement call - and a cost call - which way we go. It’s really annoying to think of paying 3x 375$ the cost of the RRV when it may not be an issue but on the other hand the cost of getting the initial PR was well in excess of that and not something I want to compromise. I have contacted a migration agent on this and may pay their fee to secure some advice .

In the way I explained it in my post: The concept that once you have been granted a permanent visa it never expires, 'only the travel portion' expires, is only correct if a visa holder remains onshore in Australia. If your RRV (or other permanent visa) has expired and you are offshore you are no longer a permanent resident, you are a former permanent resident. There is therefore no permanent residence 'to cancel' if a temporary visa is subsequently granted.

As I also explained, it is possible for a former permanent resident to be granted a new permanent visa, an RRV, even if they have, in the interim, travelled to Australia on a temporary visa.

For the avoidance of doubt the relevant parts of the law for the 155 visa are (my emphasis added):

"The applicant:
(a) is an Australian permanent resident; or
(b) was an Australian citizen but has subsequently lost or renounced Australian citizenship; or
(c) is a former Australian permanent resident, other than a former Australian permanent resident whose most recent permanent visa was cancelled.

[and]

The applicant meets the requirements of this subclause if the applicant is outside Australia, and the Minister is satisfied that the applicant has substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia, and the applicant:
(a) has not been absent from Australia for a continuous period of 5 years or more immediately before the application for the visa, unless there are compelling reasons for the absence, and the applicant:(b) was an Australian citizen, or an Australian permanent resident, less than 10 years before the application, and has not been absent from Australia for a period of, or periods that total, more than 5 years in the period from the date that the applicant last departed Australia as an Australian citizen or Australian permanent resident to the date of the application, unless there are compelling reasons for the absence."

Separately, Polly said "There is a very real risk that being granted an eTA would cause your PR visa to be cancelled.". This is also not true. The granting of an ETA never cancels any other visa, permanent or not. Relevant law:

"601.512
Despite clause 601.511, if the applicant already holds a substantive visa (other than a Special Purpose visa or a Subclass 988 (Maritime Crew) visa) that is in effect at the time of grant, the Subclass 601 visa comes into effect when the other substantive visa ceases to be in effect.
Note: If the visa period of the Subclass 601 visa ends before the other substantive visa ceases, the Subclass 601 visa never comes into effect."

It is correct to say that if a person holds an in effect permanent visa they should not apply for a temporary visa as the granting of that would cause the permanent visa to cease (except in the case of an ETA being granted - see above), but this was not the situation or question of the OP.

I really don't know what you mean by this. I had already 'specified' in my earlier post a shorter version of what I have explained above. I offered my professional opinion, for free, to correct a factual inaccuracy in a previous post. If that doesn't 'sit well' with the forum admins then I am happy not to do so in future.

I also see that you deleted/edited a couple of posts where I suggested the OP contact me for further information. For the record, I was not 'directing her to my services', all I did was offer to explain, for free, on the phone, something too complex and specific to her circumstances to be appropriate for a public forum.

Yes and I appreciated that. I have decided I will apply
for an RRV for me and he kids this time despite the cost but I do believe I could also equally have an ETA then an RRV further down the line.