Resident return visa /permanent resident questions

Hi all,

I am a permanent resident (granted August 2014) and am planning to move back to UK in the next 12 months with my Aussie partner ( who has dual citizenship).

Now I miss out on being able to apply for citizenship as I'm not planning on being here when I can apply (Dec 2016).

My perm resident visa states I can travel freely until August 2019.

if I came back just before then, do people know how long i can travel/ leave the country for post aus 2019?

also if I didn't come back until say 2020 or longer, Can I apply for a resident return visa with substantial ties as partner is Australian? .... and what are my options then? I am reading it as I'm still a permanent resident but there are restrictions/ time limits on travel?

If I come back in a few years time, I am presuming I'll be staying for the long haul but want to still be able to go home to visit etc

would my waiting for 4 years to be able to apply for citizenship start from the beginning again?

thanks in advance!

sarah

If the travel rights on your PR visa expire Aug. 2019, if you want to enter Australia at any time after that date you need a visa with entry rights such as a RRV. If your partner is an Australian citizen and you are moving to Australia, it's likely you'd be able to get a short-term RRV to enable you to enter the country, and can likely renew that as needed for travel overseas. After you've lived here 2 years, you'd be able to get a 5-year RRV.

Citizenship requires you to have lived in Australia for 4 years prior to applying, and you can't be outside Australia for more than 12 months during those 4 years, including no more than 90 days in the final year before applying.

If you're 12 months away from moving back can you not wait 18 months until you can apply for citizenship? It'll make life much simpler in the long run.

If you're 12 months away from moving back can you not wait 18 months until you can apply for citizenship? It'll make life much simpler in the long run.

I think she has been given old information when it was 2 years PR before apply for citizenship. She'll have to wait another 42 months before being able to apply for citizenship now.

If you wait 18 months, you can apply for a 5 year RRV in 2019, which will take you through to 2024. Otherwise they will only give 1 year RRV. Beyond 2024, your only option left is 1 year RRV.

Given that a 1 year RRV is the same price as 5 year RRV, this isn't sustainable unless you are planning on moving back sooner rather than later. And the citizenship will start from scratch again.

There is one last option to apply for citizenship if your spouse is Australian and you are unable to meet the residency requirement because you reside with him overseas, you can apply for a waiver, but you will need a very good migration agent to have any chance of getting this through.

Disclaimer: this is only from my experience and I would suggest getting a migration agent before you decide anything.

I think she has been given old information when it was 2 years PR before apply for citizenship. She'll have to wait another 42 months before being able to apply for citizenship now.

If you wait 18 months, you can apply for a 5 year RRV in 2019, which will take you through to 2024. Otherwise they will only give 1 year RRV. Beyond 2024, your only option left is 1 year RRV.

Given that a 1 year RRV is the same price as 5 year RRV, this isn't sustainable unless you are planning on moving back sooner rather than later. And the citizenship will start from scratch again.

There is one last option to apply for citizenship if your spouse is Australian and you are unable to meet the residency requirement because you reside with him overseas, you can apply for a waiver, but you will need a very good migration agent to have any chance of getting this through.

Disclaimer: this is only from my experience and I would suggest getting a migration agent before you decide anything.

You can't get a waiver just because you choose to live abroad though, there needs to be more to it, like workng for an Australian company or for the government.

You can't get a waiver just because you choose to live abroad though, there needs to be more to it, like workng for an Australian company or for the government.

Saying that you 'choose' to live abroad is not a good start. Migration agents a better a wording these things, but the waiver is available to anyone who the DIBP chooses to approve of.

Hiya FTA,

I think I'm right about waiting 18 months to be eligible as I will have lived here four years in December 2016 and that will be me having 12months with PR too?

if I have lived in Australia for 2 years total even if it's not all at once, I will be able to get an RRV post 2019? Or do I have to be back in the country before August 2019?

thanks for your advice

Hiya FTA,

I think I'm right about waiting 18 months to be eligible as I will have lived here four years in December 2016 and that will be me having 12months with PR too?

 

if I have lived in Australia for 2 years total even if it's not all at once, I will be able to get an RRV post 2019? Or do I have to be back in the country before August 2019?

thanks for your advice

If you've been been in Australia on valid visas since December 2012 and were granted your permanent visa in August 2014, you're correct in your calculation that you would be able to apply for citizenship in December 2016 as long as you also meet the other residence requirements i.e. in that 4 years, you could not have been outside Australia for more than 12 months in total including no more than 90 day in the year immediately before applying.

In order to be eligible for a 5 year RRV, you must have lived in Australia for at least 2 years in total on a permanent visa (you can't count the time in Australia before August 2014) in the 5 years before you apply for the RRV. For example... If you were to leave Australia this week, you have so far lived in Australia as a PR for 7 or 8 months. If you can manage to spend another 16 or 17 months in total in Australia before August 2019, you would qualify for a 5 year RRV.

Given that you have an Australian partner, if you don't qualify for a 5 year RRV, you are unlikely to have any trouble getting a 1 year RRV even after August 2019 (as long as it isn't too long after) or at worst, a 3 month RRV. Either would allow you to re-enter Australia as a PR while the RRV is still valid and then stay forever if you wish. If you stay for 2 years, you could then get a 5 year RRV.

Hiya FTA,

I think I'm right about waiting 18 months to be eligible as I will have lived here four years in December 2016 and that will be me having 12months with PR too?

 

if I have lived in Australia for 2 years total even if it's not all at once, I will be able to get an RRV post 2019? Or do I have to be back in the country before August 2019?

thanks for your advice

Thanks Ozmaniac for answering. Just wondering if you can give a time frame on at what point the 1 year RRV is unlikely to be approved. Just curious, since by then the 3 month RRV is probably sufficient for re-entry anyway.

Sarah, Re the RRV, Not sure if you are aware but if you need to visit Australia for an emergency and your RRV or PR has expired, you can get a tourist visa on arrival, BUT your PR will then be cancelled... and you'll need to start all over again.

Thanks Ozmaniac for answering. Just wondering if you can give a time frame on at what point the 1 year RRV is unlikely to be approved. Just curious, since by then the 3 month RRV is probably sufficient for re-entry anyway.

Sarah, Re the RRV, Not sure if you are aware but if you need to visit Australia for an emergency and your RRV or PR has expired, you can get a tourist visa on arrival, BUT your PR will then be cancelled... and you'll need to start all over again.

Visitor visas are not available on arrival - they must be granted before you travel.

Getting a Visitor visa won't necessarily cancel the permanent visa but you must apply at an overseas Australian immigration office IN PERSON for an ETA (must be an ETA and must be in person - NOT online). See the following:

http://www.pomsinoz.com/forum/migration-issues/224455-resident-return-evisitor-visa.html#post1936655156 - @wrussell is a respected and experienced RMA

Eligibility for a 1 year RRV is decided on an extremely subjective basis and there are no hard and fast rules. The most anyone can say is to tell you to read the info under 'Visa Applicants' > 'Who could get this visa' on the website:

http://www.immi.gov.au/Visas/Pages/155-157.aspx