Perm Residency rights help

[TheBronzeMedal]

Hey guys, I am wondering if you are sucessfully living in Australia on a 189 or a 190 perminent visas, as to if you can fly in and out at your own ease or do they limit you somehow?

Also what the buisness about the 5years on the visa? I thought they are indefinate, Iv been reading about it but just havn't got the full just.

Any help would be appreciated....

[Notts]

A PR visa is just that - it allows you to live in Australia permanently. However it only allows entry to Australia for five years after it is granted. Within those five years you can come and go as many times as you like, but after that you need a Resident Return Visa (RRV) to be able to re-enter if you leave.

[Rupert]

The 189 or 190 visas are permanent but the right to enter Australia and pass through immigration control only lasts for five years.

 

So if you were present in Australia on one of these but passed the five year mark you remain perfectly legal in Australia.

 

However if you are not in Australia when it passes the 5 year validity period, you cannot get back into the country on the visa. For this you would need a resident return visa or to have obtained citizenship. If you have only flitted in and out of the country you might have trouble getting the RRV and you definitely would not get citizenship.

 

So it is a permanent visa, it is designed for people that intend to move permanently and cannot be kept active indefinitely if you do not make the permanent move.

[Guest]

The way I see it is within the 5 years you can come and go as much as you like.

 

Within them 5 years if you live in Oz for 2 years out of the 5 you get the right to get a RRV.

 

The RRV will basically give you another 5 years (if you lived there then 2 years)

 

Once you have the RRV you only need another 2 years living in Oz and you can get citizenship

 

Is this correct?

[lebourvellec]

 

Once you have the RRV you only need another 2 years living in Oz and you can get citizenship

 

Is this correct?

no...

[blossom]

The way I see it is within the 5 years you can come and go as much as you like.

 

Within them 5 years if you live in Oz for 2 years out of the 5 you get the right to get a RRV.

 

The RRV will basically give you another 5 years (if you lived there then 2 years)

 

Once you have the RRV you only need another 2 years living in Oz and you can get citizenship

 

Is this correct?

 

Nope. You can apply for citizenship after four years of living in oz. The last year has to have been as a permanent resident.

[Rupert]

Once you have the RRV you only need another 2 years living in Oz and you can get citizenship

 

Is this correct?

 

No. The four years needs to be continuous, although there are of course allowable amounts of time that can be spent overseas.

[Guest]

The four years dont have to be continuous at all reading the visa requirements, you need to have lived and worked in Oz for 4 years to get citizenship so that means working and living there during each year not anywhere else.

 

To claim a year it needs to be a continuous year to claim it but 4 years can be claimed over a period of 10 years if you want as long as you have a visa to cover you during that 10 years.

 

Realistically the last 2 years you will spend more than a year awaiting to get the citizenship anyway.

 

What I mean is to live and work in Oz for 2 solid years, have a break back to the UK for a year or two then come back out on a RRV and do another 2 full years.

 

Imediately after the 4th year has passed of living and working in Oz you have a right to apply for citizenship

 

I dont mean working as an expat, there are requirements that you have to comply to for eg 180 days away means you loose that year.

You will also have to put all the times in you were out of the country on the application.

[blossom]

Most people don't spend more than a year waiting for citizenship....

[Guest GeorgeD]

The four years dont have to be continuous at all reading the visa requirements, you need to have lived and worked in Oz for 4 years to get citizenship so that means working and living there during each year not anywhere else.

 

To claim a year it needs to be a continuous year to claim it but 4 years can be claimed over a period of 10 years if you want as long as you have a visa to cover you during that 10 years.

 

Realistically the last 2 years you will spend more than a year awaiting to get the citizenship anyway.

 

What I mean is to live and work in Oz for 2 solid years, have a break back to the UK for a year or two then come back out on a RRV and do another 2 full years.

 

Imediately after the 4th year has passed of living and working in Oz you have a right to apply for citizenship

 

I dont mean working as an expat, there are requirements that you have to comply to for eg 180 days away means you loose that year.

You will also have to put all the times in you were out of the country on the application.

 

Where are you getting your info from?

 

Here is the current residency requriement for Citizenship according to DIAC from http://www.citizenship.gov.au/applying/ (Go to the Residency Calculator on the right hand side)

 

[TABLE=class: tablecolour, width: 100%]

[TR]

[TD=colspan: 2]

Australian

Citizenship Act 2007 Residence Requirements

To satisfy the residence requirements you must have:

 

 

• 4 years lawful residence in Australia. This period must include 12 months as

  a permanent resident immediately before making an application for Australian

  citizenship

   

• and

   

• absences from Australia of no more than 12 months in total in the 4 years

  prior to application, including not more than 90 days in the 12 months

  immediately prior to application.

 

Lawful residence means residence in Australia on a temporary or permanent

visa.

If any of the following applied to you in the past 4 years, please telephone

our service centre on 131 880 during business hours to discuss your

circumstances.

 

 

• You obtained an e-visa to replace an expired RRV

   

• You obtained a bridging visa of any type

   

• You lodged an onshore application for a permanent visa then travelled

  overseas on your temporary visa

   

• You are a New Zealand citizen on a Special Category Visa (SCV)

 

If you want to apply for an exemption from these residence requirements you

cannot apply online. Please lodge a paper application. For more information click here . [/TD]

[/TR]

[TR]

[TD=colspan: 2]

---

[/TD]

[/TR]

[TR]

[TD]If you were granted a permanent residence visa onshore your permanent

residence date is the date that visa was issued.

If you were granted a migrant visa offshore your permanent residence date is

your date of first arrival in Australia on this visa.

[/TD]

[/TR]

[/TABLE]

 

So...forget the last 10 years...they only care about the 4 years imemdiately prior to the date you apply. So if you apply today (4th Feb 2013) You need to have been a resident (Temp or Perm) since no later than 4th Feb 2009. You need to have been a Permanent Resident since no later than 4th Feb 2012. You can have been out of Australia for a total of 365 days during those 4 years, and you can have been out of Australia for no more than 90 days since 4th Feb 2012 (the last 12 months)

 

Unless of course it has changed in the last few days and DIAC haven't updated their website

[Ozmaniac]

The four years dont have to be continuous at all reading the visa requirements, you need to have lived and worked in Oz for 4 years to get citizenship so that means working and living there during each year not anywhere else.

 

To claim a year it needs to be a continuous year to claim it but 4 years can be claimed over a period of 10 years if you want as long as you have a visa to cover you during that 10 years.

 

Realistically the last 2 years you will spend more than a year awaiting to get the citizenship anyway.

 

What I mean is to live and work in Oz for 2 solid years, have a break back to the UK for a year or two then come back out on a RRV and do another 2 full years.

 

Imediately after the 4th year has passed of living and working in Oz you have a right to apply for citizenship

 

I dont mean working as an expat, there are requirements that you have to comply to for eg 180 days away means you loose that year.

You will also have to put all the times in you were out of the country on the application.

 

The 4 years must be the 4 years immediately before applying and at least the last year must be as a PR. During the 4 years, you can spend up to 1 year in total outside Australia with no more than 90 days of that being in the year immediately before applying.

http://www.citizenship.gov.au/applying/how_to_apply/conferral_app_process/

[Guest]

I stand corrected. Oh well I'm not doing 4 years here paying 50% tax just to get a passport. Aint worth it

[Guest]

OK so I wonder if there is a time limit on the day you left Oz and the time you can apply for a RRV?

[blossom]

50% tax? Where did you get that from? You would be a resident for tax purposes from day one if you are staying. Paying the same tax as citizens.

[Rupert]

The four years dont have to be continuous at all reading the visa requirements, you need to have lived and worked in Oz for 4 years to get citizenship so that means working and living there during each year not anywhere else.

 

To claim a year it needs to be a continuous year to claim it but 4 years can be claimed over a period of 10 years if you want as long as you have a visa to cover you during that 10 years.

 

Realistically the last 2 years you will spend more than a year awaiting to get the citizenship anyway.

 

What I mean is to live and work in Oz for 2 solid years, have a break back to the UK for a year or two then come back out on a RRV and do another 2 full years.

 

Imediately after the 4th year has passed of living and working in Oz you have a right to apply for citizenship

 

I dont mean working as an expat, there are requirements that you have to comply to for eg 180 days away means you loose that year.

You will also have to put all the times in you were out of the country on the application.

 

Sorry but this post is codswallop.

 

The four years cannot be accumulated over ten years. It needs to be over four years, but there are generous allowances for time spent out of the country.