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Permanent Residency 189 subclass - how long must you stay in Oz?


JonnoA

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Hi all,

 

i have a friend who has had PR for over a year. He is finding it difficult to find work over here at the moment and considering heading home to the UK for a while to earn some cash and then come back.

 

We've looked everywhere for terms and conditions and can't find any on the immi.gov.au website and asking immigration lawyers has provided different answers from 24 months out of 60 to maximum of five years.

 

does anyone have a clear idea of how long you can leave Australia and live overseas before returning, so as not to lose your PR?

 

Thanks loads!

Jon

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As long as your friend returns to Australia before the "Must Not Arrive After" date listed on the visa, he should be ok. If he is unable to make it to Australia before that date, he will need to apply for a Resident Return Visa (RRV). Or if he does make to it Australia before that date, and if he chooses to fly out after that date, he will need to apply for a RRV to return to Australia.

 

Generally, if you have lived in Australia for 2 years (730 days) in the last 5 years as a permanent resident, you will be granted a 5 year RRV. If you have lived for less than 2 years and at least for an year, then I believe you will be granted a 3 month or a 1 year visa subject to you being able to demonstrate substantial ties to Australia. Ask your friend to have a read of this :

 

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

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His 189 is valid for re-entry to Australia until 5 years from the date of grant of his visa (not the Must Not Arrive After date - he would already be well past that date).

 

If he wants to enter Australia before the 5 years is up, he can do so without any issues as his 189 is still valid for entry to the country.

 

If he wants to enter Australia after the 5 year point, he can only do so if he has a Resident Return visa. Given that he has been in Australia on his 189 but for less than 2 years, a 5 year RRV won't be possible but he may be able to get a 3 month or 1 year RRV provided he can show can show a compelling and compassionate reason for having to leave Australia - much easier though if he returns before the 5 years is up. Read 'Who could get this visa' under Visa Applicants on the following:

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

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