trancegrrl

Hi

Just a quick question. Your permanent residency for Australia is valid for 5 years - correct? Is this from the initial granting of the visa (the temporary residency) or from 2 years later when your temporary residency gets changed to permanent residency.

Does that make sense?

Thanks!

bridiej

Surely permanent means you can stay forever?

JAJ

The facility on your visa that allows you to *re-enter* Australia from overseas as a permanent resident does not last forever.

If admitted to Australia as a PR you are allowed to stay indefinitely, but each time you leave Australia you need to seek readmission when you return.

This has been discussed many, many times recently, although a lot of people are still totally confused. Do a search on 'RRV' and start reading what's been posted.

Jeremy

snappy

Jeremy

Can I ask you something? I've been told that all visas are in fact only temporary until you satisfy the criteria i.e. have lived in Australia for either a couple of years staright or 36 months out of 5 years is this true?

Thanks

Sasha

JAJ

Not true. Some visas are temporary (like some spouse, business and SIR migration visas) but most are permanent.

But your status in Australia is never really secure (even with a PR visa) until you become an Australian citizen.

Jeremy

snappy

With the STNI visa option then Jeremy I know it is a permanent option but after a couple fo years I've been told they check your tax number to ensure you have bee working in the correct state to ensure that people don't just get in via say SA and then move to NSW as an example. In which case it is only temporary until you have satisfied their criteria? Or is this not the case and people do move from state to state without ever having their visa's removed for doing so?

Sasha

snappy

The other thing that brings it into question regarding STNI visa is the fact that even though it is a so called permanent visa you are not considered a permanent resident until you have met their conditions for the 2 years as otherwise you would be able to claim normal benefits which you are unable to do for the first 2 years of moving out there.

Does that make sense? So is it a case that you get a permanent visa but you are not a permanent resident until you have satisfied their conditions?

Sasha

JAJ

You are confused.

STNI is a permanent resident visa like any other.

However, there is a 2 year waiting period for *certain* social security benefits.

This applies to *all* permanent residents unless:
- there is some major change of circumstances (eg death or serious illness, but not including failure to find a job); or
- the person has previously lived in Australia as a permanent resident for the requisite time

Information on this is at the Centrelink website:
http://www.centrelink.gov.au

Jeremy

JAJ

STNI is permanent. There is a moral obligation to live in your sponsoring state for 2 years, but there is no specific provision to cancel the visas if people move away from the sponsoring state or never settle there in the first place.

Of course if DIMIA wanted to get nasty they could try to use more general cancellation powers or ask questions about character at citizenship application stage. It would be more likely that they would bring in a specific regulation allowing them to cancel STNI visas - that's not happened yet, but may do so.

Part of the solution rests with the States exercising some due diligence and only sponsoring for STNI those who can demonstrate a *real* intention to settle in the State.


It's not happened yet but that's not to say it won't happen in the future. Especially if abuse of the system became widespread.

Parliament has already legislated for special powers to cancel regional employer nominated visas (RSMS) in circumstances like these.

Of course with SIR the need to qualify for PR will be more likely to keep people in the sponsoring state.

Jeremy