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Indefinite leave to remain


Ash Hitch

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Sorry if I am going over old ground here but I have a question regarding my visa. I have a perminent residence visa. I have been in the uk for many years now due to my wife and I having children.

 

My wife has returned to here country wife the children to take care of her mother and I am considering returning to Oz to look for work.

 

does anyone know of any reason why this would be a problem. My visa says I can live and work in Australia indefinitely. It is in an old passport so I was considering sending it to Australia house and having it passed in my new uk passport. Then I'm sure they will let me know if there is any issue. I just didn't want any problems at immigration in Australia .

 

any thoughts will be appreciated.

 

Many thanks Andy

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Although a PR visa allows you to live in Aus permanently, it also has a travel component which only allows you to enter Aus within a certain time - usually 5 years from grant.

 

 

You will need to look into whether you qualify for a returning resident visa. If not, you would need to make a new application.

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If your PR is more than 5 years old, you may need to apply for a Resident Return Visa to be able to re-enter Australia. A 5-year RRV typically requires you to have lived in Australia for 2 of the preceding 5 years. A 1-year RRV doesn't require 2 years in Australia, but you typically need evidence of sufficient ties to Australia to warrant your return.

 

If your PR is linked to an old passport, you'd need to complete form 929 and send it to DIBP along with a copy of your new passport so it can be linked with the correct passport.

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  • 3 months later...
Sorry if I am going over old ground here but I have a question regarding my visa. I have a perminent residence visa. I have been in the uk for many years now due to my wife and I having children.

 

My wife has returned to here country wife the children to take care of her mother and I am considering returning to Oz to look for work.

 

does anyone know of any reason why this would be a problem. My visa says I can live and work in Australia indefinitely. It is in an old passport so I was considering sending it to Australia house and having it passed in my new uk passport. Then I'm sure they will let me know if there is any issue. I just didn't want any problems at immigration in Australia .

 

any thoughts will be appreciated.

 

Many thanks Andy

 

Old passport? How long have you been out of Oz for? If more than 2-3 years with no visits to UK you may well have lost it. Ring Sam Hopwood, Lawyer in Melbourne at 1st Contact Visa and have a yarn - he is excellent. You may need to re-apply as a returning resident - not cheap old mate.

 

Seek legal representation if you have lost your ILR - to not do so is to invite peril.

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