Staying Outside Australia but retaining PR status.
 

Hi,

I really need enlightenment to some questions.

I am waiting for my 136 AU visa after my medical last May. Now, I also
have this company sponsoring for me to work in the US under H1 B. If
this gets approved I can start work by October 2006. I would like to
work in the US for awhile maybe around 1-2 years and then settle in
Australia for good because I've always pictured myself living in AU
long term.

Prob is- how can I do that without forfeiting my AU PR visa? I heard
there are timelines on getting there (getting your passport stamped)? I
can actually go to Australia for a couple of months and planned to leave
to work in the US end of this year.

I also got this info about the RRV- in which I can only leave AU for
about 3 months and return. There is a 5 year time but only if you have
lived there for at least 2 years.

I have also read in one forum a man who worked in the Middle East
earning heaps but pays taxes to Australia because he wanted to retain
his PR. What are the obligations and responsibilities then to retain my
AU PR?

It sounded very complicated. Can anybody explain it to me in a more
clearer manner? IS THERE A REALLY GOOD CHANCE ABOUT THIS SCENARIO
(work in US, live in AU later)?

Thanks a bunch pips! Take care..

Posted via http://www.mymigration.net

Re: Staying Outside Australia but retaining PR status.
 

[email protected] wrote:
    > Hi,
    >
    > I really need enlightenment to some questions.
    >
    > I am waiting for my 136 AU visa after my medical last May. Now, I also
    > have this company sponsoring for me to work in the US under H1 B. If
    > this gets approved I can start work by October 2006. I would like to
    > work in the US for awhile maybe around 1-2 years and then settle in
    > Australia for good because I've always pictured myself living in AU
    > long term.
    >
    > Prob is- how can I do that without forfeiting my AU PR visa? I heard
    > there are timelines on getting there (getting your passport stamped)? I
    > can actually go to Australia for a couple of months and planned to leave
    > to work in the US end of this year.
    >
    > I also got this info about the RRV- in which I can only leave AU for
    > about 3 months and return. There is a 5 year time but only if you have
    > lived there for at least 2 years.
    >
    > I have also read in one forum a man who worked in the Middle East
    > earning heaps but pays taxes to Australia because he wanted to retain
    > his PR. What are the obligations and responsibilities then to retain my
    > AU PR?
    >
    > It sounded very complicated. Can anybody explain it to me in a more
    > clearer manner? IS THERE A REALLY GOOD CHANCE ABOUT THIS SCENARIO
    > (work in US, live in AU later)?
    >
    > Thanks a bunch pips! Take care..
    >
    > Posted via http://www.mymigration.net
    >


Don't want to put a downer on your H1B visa, but I hear that all H1B
visas For this year and next have been used up.

KS

Re: Staying Outside Australia but retaining PR status.
 

Solves the problem really then - move to Australia on your PR visa and live there....which after all is what its designed for :)

Re: Staying Outside Australia but retaining PR status.
 

When and if your PR visa for Australia is granted you will have to go to Oz to have it validated. This simply means that you must land in Australia and have your passport stamped. You can then turn around and get on the next flight out if you wish. You can stay away from Oz for the next 4.9 years if you wish. You must return to Australia before the visa expires if you plan to use it, however. This gets a little tricky, because in order to get a RRV, you must actually be a resident in Australia. The RRV quite literally means Returning Resident Visa. If you have been living in another country for the length of your Australian visa, then you will not have been an Australian Resident. You would have been an American resident.
My advice to you would be to choose which country you plan on living and working in and apply to that country. If you are going to America, then apply for residency there. To keep you Australian residency status, you must show strong ties to the country, and quite frankly living in the US does not show that you are strongly tied to Australia. You can always apply for Oz at a later date when you actually intend to live there.

Re: Staying Outside Australia but retaining PR status.
 

This is almost correct, however if you have spent 2 years physically in Australia as a permanent resident in the 5 years before application, they will not look at where you are "resident". Form 968i has the details:
http://www.immi.gov.au/allforms/pdf/968i.pdf

Re: Staying Outside Australia but retaining PR status.
 

1. You must first enter Australia and be immigration cleared, visa valid for
five years.
2. You must return to Australia within the five years of your PR 136 visa to
retain your permanent resident status.
3. If you returned to Australia after living in the US for ie. the last 4
years, you are still an Australian PR.
You will not be able to re-enter Australia after five years have lapsed,
because;
4. You would have not satisfied the requirement for a Resident Return Visa,
a visa that requires you to be an Australian Resident of (an agregate) of
two years in the last five years (from the grant of that visa).
5. Unless you can show you had a relationship with Australia when you stayed
in the USA (or anywhere else), you will still be an Au PR.

If you can come back and live in Australia within 5 years time, and you will
retain your PR status. You will only need a RR visa if you travel overseas.
If you cannot get an RRV, and if you you are not travelling, you can stay
for two years and apply for citizenship.




"dotnron" <member47522@british_expats.com> wrote in message
news:[email protected] m...
    >> Hi,
    >> I really need enlightenment to some questions.
    >> I am waiting for my 136 AU visa after my medical last May. Now, I also
    >> have this company sponsoring for me to work in the US under H1 B. If
    >> this gets approved I can start work by October 2006. I would like to
    >> work in the US for awhile maybe around 1-2 years and then settle in
    >> Australia for good because I've always pictured myself living in AU
    >> long term.
    >> Prob is- how can I do that without forfeiting my AU PR visa? I heard
    >> there are timelines on getting there (getting your passport stamped)?
    >> I
    >> can actually go to Australia for a couple of months and planned to
    >> leave
    >> to work in the US end of this year.
    >> I also got this info about the RRV- in which I can only leave AU for
    >> about 3 months and return. There is a 5 year time but only if you have
    >> lived there for at least 2 years.
    >> I have also read in one forum a man who worked in the Middle East
    >> earning heaps but pays taxes to Australia because he wanted to retain
    >> his PR. What are the obligations and responsibilities then to retain
    >> my
    >> AU PR?
    >> It sounded very complicated. Can anybody explain it to me in a more
    >> clearer manner? IS THERE A REALLY GOOD CHANCE ABOUT THIS SCENARIO
    >> (work in US, live in AU later)?
    >> Thanks a bunch pips! Take care..
    >> Posted via http://www.mymigration.net
    > When and if your PR visa for Australia is granted you will have to go to
    > Oz to have it validated. This simply means that you must land in
    > Australia and have your passport stamped. You can then turn around and
    > get on the next flight out if you wish. You can stay away from Oz for
    > the next 4.9 years if you wish. You must return to Australia before the
    > visa expires if you plan to use it, however. This gets a little tricky,
    > because in order to get a RRV, you must actually be a resident in
    > Australia. The RRV quite literally means Returning Resident Visa. If
    > you have been living in another country for the length of your
    > Australian visa, then you will not have been an Australian Resident.
    > You would have been an American resident.
    > My advice to you would be to choose which country you plan on living and
    > working in and apply to that country. If you are going to America, then
    > apply for residency there. To keep you Australian residency status, you
    > must show strong ties to the country, and quite frankly living in the US
    > does not show that you are strongly tied to Australia. You can always
    > apply for Oz at a later date when you actually intend to live there.
    > --
    > Posted via http://britishexpats.com