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G'day folks,

 

I'm hoping this is an urban myth but I've a vague memory of a story about someone who had been living in Australia on a PR visa for long enough to become a citizen, and they hadn't got round to applying for citizenship. They flew to their home country for a short break and had trouble getting back into Oz on their return. IIRC, there weren't any issues around their foreign passport approaching its expiry date... it was something else, something specifically to do with them having been in Oz long enough for citizenship and not having gone for it. Does that ring any bells?

 

TIA

Tarby


ACS RPL submitted 13/03/09 ¦ RPL approved 2231-79 (Oracle) 12/05/09 ¦ 175 visa application lodged 21/05/09 ¦ IELTS 9-9-9-9 13/06/09 ¦ Case officer assigned 20/10/09 ¦ Medicals done 27/10/09 ¦ Police certs sent 10/11/09 ¦ Visa granted 24/11/09

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Perhaps they did not have a resident return visa in their passport? I can't remember all the requirements, but I do know that after living here for a certain period of time you have to apply for it/ have it in your passport.

You don't have to apply for citizenship, I know people that have been here 30 years and who have not done that.

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my understanding is that if you haven't applied for citizenship and then leave Australia for a certain period (I'm thinking it's years not months), then the person needs to apply for a Resident Return Visa (RRV) to get back into the country again - see http://www.immi.gov.au/Visas/Pages/155-157.aspx.

 

But there are people on this forum who can advise much better than I can!


309/100 visa application lodged 28/08/13 | Visa sub-class 309 granted 09/05/14 | 100 (PR) visa application lodged 27/09/15 | PR granted 13/04/16 | Citizenship application lodged 18/06/19 | Citizenship interview invite 02/03/20  22/09/20 | Citizenship interview 27/04/20 11/11/20 | Ceremony invite 4/12/20 | Ceremony held 26/01/21

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The travel part of your pr visa lasts for five years. After that time you need to apply for a return resident visa before you leave.

If you haven't then you wouldn't be able to just get on a plane back, even if it had been a short trip. If you haven't been out long then getting a return resident visa is easy. If you've been out for years you could struggle.


Has two beautiful Aussie little girls :-)

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Thanks all. Mine will expire on November 24 and I'm planning to fly out in early October, returning by mid-October. Is that too close to take a chance or would I be OK right up to the cutoff date?


ACS RPL submitted 13/03/09 ¦ RPL approved 2231-79 (Oracle) 12/05/09 ¦ 175 visa application lodged 21/05/09 ¦ IELTS 9-9-9-9 13/06/09 ¦ Case officer assigned 20/10/09 ¦ Medicals done 27/10/09 ¦ Police certs sent 10/11/09 ¦ Visa granted 24/11/09

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No, it's not an OWT.

 

Permanent visas are only valid for re-entry to Australia for 5 years from the date of grant. If the holder stays in Australia, there's no problem because the permanent visa itself hasn't expired - only the re-entry rights have expired. If they travel overseas and want to enter Australia after the expiry of the re-entry right, they can only return if they have a Resident Return visa. A 5 year RRV (which resets the re-entry right for another 5 years) is very easy to get if the PR has been in Australia for at least 2 years out of the previous 5. Shorter RRVs (1 year or 3 months) are also possible but are harder to get and more requirements must be met if the person has been away from the country for longer. If the absence has been lengthy and/or they have no real ties to Australia and no good reason to have been away from the country, they may not be able to get an RRV at all and in that case, they've lost their right of return and have for all practical purposes, lost their PR.

 

You'll be able to return to Australia without needing an RRV if you're sure you will be back before November 24 (Australian time!). If there's any possibility at all that you may be delayed, apply for an RRV before you leave - they're usually processed within a couple of days if lodged in Australia. If it were me, I'd be getting one just in case - you don't need to wait until the 5 years is up to apply.

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

Edited by Ozmaniac

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