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Residence requirements for permanent resident visa


kumarash

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Dear all,

 

I along with my family were granted skilled visa 176 (sponsored by my relative) in May 2012. We made our first entry to Australia in August 2012 and then returned to our home country after staying in Australia for 19 days. Our visas Cease date is in May 2017. My question is what is the last day that we are allowed to re-enter Australia without losing our residence status?

 

I have heard that one has to spend minimum of 2 years in every 5 years to maintain residency status? For example are we allowed to re-enter Australia after May 2015? Or they will check at Australian airport that we have not spent minimum of 2 years in 5 years in Australia?

 

My second question is can my family continue to stay in Australia while I am away from Australia for a job etc?

 

I thank you very much for your quick reply to my queries in advance.

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There is no residency requirements for permanent residency... the visa cease date is the latest date you have to be in Australia by. any travel after that will have to be done by a RRV (resident return visa). there is no 2 in every 5 year requirement. Residency requirements only apply when you are ready to apply for citizenship.

 

as per your second question, Yes, they can stay in Oz while you stay overseas since you guys already came in together once to activate the visas.

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It's tricky. Basically, your PR visa has two elements - the right to live in Australia and the right to travel in and out of Australia. Your right to travel in and out of Australia expires in May 2017. If you are not in Australia when it expires, you can't use it to enter Australia. But if you are in Australia in May 2017 - even if you have only been there for a few days - you can stay as long as you like.

 

Once the travel component expires in 2017, you would need a Resident Return Visa to travel in and out of Australia. As long as you apply for this onshore, you are fine. The length of the RRV wild spend on how long you have spent in Australia in the recent past - and to get the maximum 5 year RRV you must have been in Australia for two of the past 5 years. But if you have spent less time, you'll get a shorter RRV and as long as you still basically live in Australia you can just apply for another one when it runs out. The residence requirement only really becomes an issue if you move away from Australia for a long period of time and then want to come back. It can be tricky to get RRVs if you are not in Australia and haven't been in Australia for a long time - and then you could find your permanent residence is effectively useless because you can't enter Australia.

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  • 1 year later...

I have been a or here in oz for 2years.

 

Mi am hoping to move back to the UK for a year or so due to circumstances back home.

 

Can an I go back and if I am there longer than a year, still return to australia before my PR ceases

 

Would I need a RRV before I leave australia his year?

 

can I apply for the 5year RRv from the UK before my PR ceases?

 

if still in the uk when PR about to cease (January 2019) can I return to Australia, apply for a RRV and then have another 5tears to travel in and out?

 

thanks

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I have been a or here in oz for 2years.

 

Mi am hoping to move back to the UK for a year or so due to circumstances back home.

 

Can an I go back and if I am there longer than a year, still return to australia before my PR ceases

 

Would I need a RRV before I leave australia his year?

 

can I apply for the 5year RRv from the UK before my PR ceases?

 

if still in the uk when PR about to cease (January 2019) can I return to Australia, apply for a RRV and then have another 5tears to travel in and out?

 

thanks

 

Pit is not your or that expires. Just the travel portion. You can be out of Australia as much as you like until that date without needing an RRV. If you love back to the UK now until January 2019 you are fine. If you move back after the date in January 2019 that the travel portion expires you will then need an RRV.

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