mnicona

Hi

I'm sure it's been asked, and unfortunately wasn't able to find with searching (or my search query was lame). If it is able to be combined with an existing thread, please do so mods - thanks.

I'd like to try and get some clarity on the actual rule of being outside of Australia with a PR.

I've been granted PR and have been give the usual year before first entry etc. Once I've flown over and had the passport stamped/visa validated, I'll be leaving to return at a later date.

My confusion...

- I've read that as long as I spend 2 years out of the 5 that the PR is valid for, then I'll be fine... as long as I return before the visa expires.

- I have also read that as long as I return before the 5 years has lapsed I should be fine...i.e. not needing to spend a minimum of 2 years out of the 5.

Is anyone able to clear this up for me?

Cheers!

lloydk

Yes, from what I can gather, during your PR visa tenure (of usually 5 yrs), you can travel in and out freely (says so on your visa as well). It's only after the expiry of that 5yrs and if you're not a citizen yet that you have to be bothered with a return resident visa, which has it's own set of requirements, which includes (at this present moment in time) a 2yr stay in the last 5yrs as a PR.

Pollyana

There's no 100% easy answer. After the expiry date of the re-entry part of the visa, only the residence part is still valid. So if you are outside Australia after the expiry date you either need citizenship, or a Resident Return Visa.
They are valid for 3 months, or 1 or 5 years, and require a certain amount of proof of ties to the country in order for them to be granted.
Its a good idea to have a current one if your PR travel authority has expired - just in case you have to leave in a hurry for some reason. Getting one abroad to come back is a lot less straightforward than getting one onshore.

http://britishexpats.com/wiki/Reside...Visa-Australia

mnicona

Ah ok, so correct me if I misunderstand you, but...

Within the 5 years limit on a PR visa, I can come and go as I please with no 'minimum' amount of time required. So in other words I can get my visa validated and then return just before the 5 years is up (not what I'm planning to do, but just so I get this clear).

The minimum of 2 years residency within 5 only comes into play if I have to apply for a Return Residency Visa. They basically want to see if I've actually been a 'resident' in the past 5 years and if it's worthy of providing a RRV as such.

Correct?

chapkenv

@moderator - so the re-entry part expires earlier than 5 years from date of grant...? i am a bit confused by the different 'parts' mentioned above..thanks in advance

Pollyana

Once youn are granted permanent residence, its permanent. You can stay in the country forever. But if you want to leave and re-enter you only have until the date printed on the label - "Must not enter after......" To re-enter after that you need citizenship or a RRV.

By the way, this isn't twitter - I am assuming you are addressing me,cos "@moderator " really doesn't mean much to me, especially as you need the question answered by an immigration forum poster, not a moderator

Pollyana

Read the link I posted above, and the links from there to the DIAC website.
You don't HAVE to have 2 years here in order to get a RRV. They are granted for varying lengths of time dependent on how strong your ties are to the country. If you have only been here a couple of weeks and need a RRV as long as you have some kind of tie - job, family here, property etc, you will probably be granted one, albeit only a 3 month one.

chapkenv

@mnicona - Pollyana's pointers are quite instructive - i think the other reply was a bit misleading in using the terms 'you can travel in and out freely' - not so, since the multiple entry is valid only upto a particular date (which is not the same as the 5 year end date after PR visa grant date) thanks

mnicona

Ok, thanks. I think I have a handle on this now.

moneypenny20

You can travel in and out freely until the 'must not enter after date' which is the 5 year end date. Once you have Citizenship or an RRV you can continue to travel in and out freely. Not misleading. There is only one 'end of' date and that is five years from the date of grant.

virgo2k

Dear Experts,

I have an Aussie PR (GSM175) issued in 2009 and had it validated by making my initial landing within 9 months from the date of the visa grant. Since then I have been employed overseas.

My question is that is it possible for me to live in Australia even after my PR ends i.e. in 2014?

How can i qualify for an RRV visa?




Thanks,
Adnan

aussie_explorer

Based on your final entry date which is 2014 -If you enter now and stay in Australia for more than 2 years (Job,paying tax,home) you might qualify for a 5 year RRV straight away and if you stay for any period from 6 months - 1 year then you must be able to show strong personal ties like home,job,family ties etc..based on which you can get a 1 yr RRV and if you are lucky maybe a 5 yr RRV.

The other option is to see if your current overseas company has a branch in Australia and relocate for good (or) start building personal ties in Australia as soon as possible in order to qualify for RRV.

virgo2k

Is it possible for me to live in Australia even after my PR ends i.e. in 2014?

aussie_explorer

You have an expiry date for the current PR visa .You can see that in your visa label - Must not enter after < Date in 2014> .If you are currently staying outside Australia you should enter atleast 1 day before this date into Australia and then you can stay there permanently .Since you are a PR you can continue your indefinite stay as long as you enter before this date but in order to exit Australia and re-enter you will need a valid RRV after your initial PR visa expiry date.

Pollyana

Merged with similar thread from last week