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Subclass 100 Permanant spouse visa- Do I need to reapply?


k8bug79

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This question is more for interest as i doesn't really apply to me just yet. But I arrived in Oz a month ago on a subclass 100 visa- permanent spouse, which says on it - indefinite. Yet I was talking to some friends recently that says I would need to reapply for it after every 5 years. I had read something about this somewhere saying that visas are valid for 5 years and my last date to enter was 5 years after grant (presuming i'd validated within a year etc) but if I left the country 5 years after I arrived would I need another visa to reenter? The friends are brits who have been here 50 years so visas would have been very different but they opted to not become citizens til very recently and commented on how expensive it was to have to keep reapplying. I intend to become a citizen after 4 years and for my children to become citizens as soon as they are able but would be good to know the situation in case this plan changes.

Thanks

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You can only pass through passport control in Australia on the visa you have for five years. After that you would need to either get citizenship or to apply for a residents return visa RRV to pass through passport control. If you don't leave Australia, you are still a permanent resident and you don't need to do anything, but that would be unwise, it is best to have a visa that allows you to leave and re-enter the country.

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Thanks, so if I don't apply for citizenship, after 5 years apply for a rrv and that will mean I am valid to stay- I guess for another 5 years?

 

No, the RRV allows you to leave and return for 5 years. As Rupert says....you can live in oz for as long as you want without a RRV. You can also leave Oz without a visa. You just can't re-enter without a visa if you aren't a citizen. The RRV lets you leave and return for 5 years. You only need the RRV if you ever plan to leave Oz (even just for a holiday or day trip to NZ...you still need the RRV to re-enter)

 

I know PRs who have been here for 40 years and never left, and have never had need for a RRV because of that.

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No, the RRV allows you to leave and return for 5 years. As Rupert says....you can live in oz for as long as you want without a RRV. You can also leave Oz without a visa. You just can't re-enter without a visa if you aren't a citizen. The RRV lets you leave and return for 5 years. You only need the RRV if you ever plan to leave Oz (even just for a holiday or day trip to NZ...you still need the RRV to re-enter)

 

I know PRs who have been here for 40 years and never left, and have never had need for a RRV because of that.

 

Lovely thanks- I take it the rrv doesn't take long to apply for? Hopefully this will never be an issue and I get citizenship after 4 years. Loving it so far so can't see why I wouldn't opt for that

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Thanks, so if I don't apply for citizenship, after 5 years apply for a rrv and that will mean I am valid to stay- I guess for another 5 years?

 

No. Ref below, the bit in red....

 

You can only pass through passport control in Australia on the visa you have for five years. After that you would need to either get citizenship or to apply for a residents return visa RRV to pass through passport control. If you don't leave Australia, you are still a permanent resident and you don't need to do anything, but that would be unwise, it is best to have a visa that allows you to leave and re-enter the country.
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Lovely thanks- I take it the rrv doesn't take long to apply for? Hopefully this will never be an issue and I get citizenship after 4 years. Loving it so far so can't see why I wouldn't opt for that

There is currently no reason not to take citizenship - unless you wish to avoid compulsory voting in elections. But in the past, Australia denied its citizens the right to dual nationality and some people did not want to give up their other nationality. It might also be problematic if, hypothetically, Australia imposed a new duty on its citizens such as military service.

 

On the positive front, if you have Australian citisenship then you can almost never be deported. A visa can be revoked if, for example, you got into legal trouble. Also, even if you have a permanent resident visa, if you stay away from Australia for too long then they will no longer grant you a resident return visa. With citizenship, you can stay away as long as you like and always have the right to live and work again in Australia.

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