Jaj

Matt and Jo

1. Your existing visa should let you re-enter Australia until a
specific date, as it ought to have a re-entry facility. Have a look
at it, it should say 'Multiple Travel' and 'Must Not Arrive After
[date]'
That date is 5 years after the visa was granted.

2. The re-entry facility on your visa, as long as the expiry date
hasn't been reached, is your 'pass'

3. The days you spend in the UK will *not* count for citizenship.
But you just make up the rest of the 2 years when you get back. As
long as you are only talking about a short vacation there is no impact
at all other than the fact you need to add on the extra few weeks to
the two years before you can apply for citizenship.

4. There's a residence calculator on the citizenship website -
http://www.citizenship.gov.au that lets you work out your eligibility
to the day.

Jeremy

    >On Mon, 02 Jun 2003 09:44:11 +0000, ptlabs wrote:
    >Originally posted by Matt & Jo
    >> What I meant about the 2 years was, doing the 2 years so that I can
    >> claim citizenship.
    >> I would like to do the 2 years starting from Feb 03 when I arrived.
    >> I am hoping that by going to the uk, this will not affect it. I
    >> have been told that you can get some sort of "pass" thats allows
    >> you out for special occassions and will not interfere with the
    >> continous 2 years.
    >>
    >Hi Jo,
    >Time spent in Australia for citizenship purposes is generally counted to
    >the day. For citizenship applications, you need to have stayed in
    >Australia for at least 2 years out of the immediate 5 years before
    >applying, as you already know. And, out of that 2 years, at least 1 year
    >must be within the immediate 2 years prior to applying. And the time
    >spent in Australia must be on a permanent visa, which you should already
    >know as well.
    >Your initial migrant visa or an RRV may allow you to re-enter Australia,
    >but AFAIK, there is no special pass that will re-define the UK as part
    >of Australia insofar as residency is concerned
    >Peter
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

Jaj

Peter
I would not try to claim an exemption from the residence requirement
if the alternative was just waiting a few weeks to clock up the
necessary 730 days.

Exemptions are not only very difficult to get, but need to be signed
off by a more senior DIMIA officer, which can add a lot of time to the
process.

It's a lot simpler to wait the few extra weeks before applying.

Jeremy

    >On Mon, 02 Jun 2003 09:48:55 +0000, ptlabs wrote:
    >Originally posted by Matt & Jo
    >> What I meant about the 2 years was, doing the 2 years so that I can
    >> claim citizenship.
    >>
    >You may be interested in this page, which gives a general guideline
    >on when exemptions to the residency requirements for citizenship
    >may be made.
    >]https://www.ecom.immi.gov.au/citz/ht...eption_reside-
    >nce.htm[/url]
    >Peter
    >--
    >Posted via http://britishexpats.com

This is not intended to be legal advice in any jurisdiction

Matt & Jo

Hi,

Can anyone help answer my question?

I have to go back to the Uk, as my sister is due to have a baby in October and she would be very upset if I did not go over within the first 6 months of the babys arrival.

My question is:

What is the best time to go, I have a PR visa and validated in Feb 03, am I allowed to travel to the UK without it affecting my 2 years? Is it best to go in the first year or into my second year? Can I get some sort of special "pass" which allows me to travel to the uk without it screwing up my 2 years????

Any assistance would be very helpful.

Thanks in advance

Love Jo

ptlabs

Jo,

I'm not sure what "2 years" you're repeatedly referring to here.

1. You have a permanent visa, validated in Feb 2003. But you didn't say when your permanent visa was granted, and by extension, when the re-entry facility of that visa will expire.

2. To apply for a resident return visa, which allows you to leave and re-enter Australia as a permanent resident after your initial migrant visa expires, you need to have lived for 2 years in Australia out of the 5 years immediately prior to applying, and those two years must be on a permanent visa. This period is generally counted to the days, and any absence from Australia won't count, in general.

3. If your initial migrant visa is still valid for the duration of the time you intend to spend visiting your sister in the UK, you need not worry about getting another visa. You may return to Australia using that initial migrant visa without any problems in this case.

4. When you wish to visit your sister is entirely up to you, since you have already validated your visa, but just bear in mind that you should ensure you either:
a) return to Australia before the re-entry facility of your migrant visa runs out, or
b) apply for an RRV (if you qualify) before you leave Australia, or
c) apply for an RRV (if you qualify) outside Austalia - although this would be a little bit messier, or
d) apply for Australian citizenship (if you qualify) before or after you leave Australia.


Peter

Matt & Jo

Hi Peter,

What I meant about the 2 years was, doing the 2 years so that I can claim citizenship.

I would like to do the 2 years starting from Feb 03 when I arrived.
I am hoping that by going to the uk, this will not affect it. I have been told that you can get some sort of "pass" thats allows you out for special occassions and will not interfere with the continous 2 years.

Sorry I can be a bit confusing at times!!!!!

Thanks for your quick reply though.

Love Jo xx

ptlabs

Hi Jo,

Time spent in Australia for citizenship purposes is generally counted to the day. For citizenship applications, you need to have stayed in Australia for at least 2 years out of the immediate 5 years before applying, as you already know. And, out of that 2 years, at least 1 year must be within the immediate 2 years prior to applying. And the time spent in Australia must be on a permanent visa, which you should already know as well.

Your initial migrant visa or an RRV may allow you to re-enter Australia, but AFAIK, there is no special pass that will re-define the UK as part of Australia insofar as residency is concerned


Peter

ptlabs

You may be interested in this page, which gives a general guideline on when exemptions to the residency requirements for citizenship may be made.

https://www.ecom.immi.gov.au/citz/ht..._residence.htm


Peter

Matt & Jo

Hi Peter

Thank you for your replies, your a star.

Love Jo xxx

ptlabs

Jeremy,

Yes, I agree that if it's just a few extra weeks' wait, an applicant would be better off just waiting those few weeks out instead of trying to gain exemption to the residence requirement.

Just thought that Jo would be interested to see that page anyway, not that her situation is an exact match of any of the possible cases there anyway.


Regards
Peter