Jump to content

Expired permanent residents visa


Scooby

Recommended Posts

We live in Lilydale and our permanent residents visa expired in February 2016. I know we left it late but applied for citizenship in January this year by paper format. They have taken money out of accounts but not heard from them yet. My problem is my daughter has a school trip to Italy in September and I do know what to do. The school want passport now to book flights so going to give English on. So worried any suggestions please.

Link to comment
Share on other sites

First of all pr visa's don't expire it's just the travel portion that expires. You'll need to apply for a resident return visa for your daughter and yourselves if you need or want to leave Australia. It's pretty straight forward and can be done online. Cost is about $300. Once you have that you can leave Australia and return with no problem. The rrv lasts for five yaers.

Link to comment
Share on other sites

We live in Lilydale and our permanent residents visa expired in February 2016. I know we left it late but applied for citizenship in January this year by paper format. They have taken money out of accounts but not heard from them yet. My problem is my daughter has a school trip to Italy in September and I do know what to do. The school want passport now to book flights so going to give English on. So worried any suggestions please.

Not a problem you'll have plenty of time to get your Citizenship and then passports before she goes in September and Im sure the British Passport number will suffice for now.

Link to comment
Share on other sites

Give them the UK passport info is fine. Its what is valid for her atm and you can always update them with other passports at a later date.

 

She needs a return residents visa to travel overseas and get back in to Aus if she is PR. As has been said, the PR has not expired, just the travel aspect of it, hence needing an RRV.

 

https://www.border.gov.au/Trav/Visa-1/155-

 

She absolutely must have this in place to travel outside of Aus and reenter if her Aus citizenship and Aus passport are not through in time.

 

She can then travel on her UK passport with the RRV in place on her PR visa.

Link to comment
Share on other sites

It's better for her to travel to Europe on her UK passport anyway. Teachers may take groups of students through the EU channel if they have EU passports as the queues will be less. The school will let the travel agent know so that the airline can ensure that they can legally carry their passengers to the intended destination.

 

As others have said, your daughter should have either an RRV or, should her citizenship come through in time, an Australian passport to get back into Australia (and leave if she is an Australian citizen). If she does not the airline are entitle to refuse her boarding once she returns to Australia. They may not want the hassle of clearing her with immigration in Australia. If you find time is running against you waiting for a ceremony once you have taken the test you can request an emergency ceremony.

Link to comment
Share on other sites

Just a quick question, does the PR visa ever expire?

I only ask as my In-law lived in Oz in the 90's and returned to the UK after a couple of years and has been back to Oz as a tourist, could he apply for a RRV?

 

 

Sent from my iPhone using Tapatalk

 

Sorry, i don't know the answer 100% but id have thought the tourist visa would have cancelled his PR visa,,, but just bumping your post as someone else might know for sure..

 

Cal x

Link to comment
Share on other sites

Just a quick question, does the PR visa ever expire?

I only ask as my In-law lived in Oz in the 90's and returned to the UK after a couple of years and has been back to Oz as a tourist, could he apply for a RRV?

 

 

Sent from my iPhone using Tapatalk

 

 

Looks as though this'll be down to how persuasive your in-law is. Class 155 -

 

Subclass 155 Resident Return visa

You might be able to be granted this visa if you:

 

 

  • ...

  • have not spent two of the last five years in Australia as a permanent resident or citizen, but can satisfy the processing officer that you have substantial business, cultural, employment or personal ties of benefit to Australia, and:

    • ...

    • are lodging while overseas, were a permanent resident or citizen when you last departed Australia and can show compelling reasons for any continuous absence from Australia of more than five years;

    • ...

     

     

    [*]have not spent two of the last five years in Australia as a permanent resident or citizen, but are the partner or dependent family member of a person who holds a subclass 155 visa, or who has also applied for a Resident Return visa and satisfies criteria for grant.

     

 

Link to comment
Share on other sites

Left Aus in 1990 on PR Visa and came back in 2014 on RRV.....so yes it can be done.

You need compelling and compassionate reasons as to why you were not back in Aus in those years

 

Thanks Skippy, well done on your return to Oz, hope it works out this time!

 

 

Sent from my iPhone using Tapatalk

Link to comment
Share on other sites

  • 1 month later...
Left Aus in 1990 on PR Visa and came back in 2014 on RRV.....so yes it can be done.

You need compelling and compassionate reasons as to why you were not back in Aus in those years

 

 

We went to Australia in 2012 but were unable to secure work, and also my father was fighting cancer, so we had to return to the UK. Our PR visa expires next month but we will be in Australia when this happens, we are having another reccie to see if things have improved any and if we can secure work. We are hoping to apply for a RRV whilst in Australia and your post has given me some hope, we really don't want our dream to emigrate to be over ... what do they class as compelling and compassionate reasons ?

Link to comment
Share on other sites

We went to Australia in 2012 but were unable to secure work, and also my father was fighting cancer, so we had to return to the UK. Our PR visa expires next month but we will be in Australia when this happens, we are having another reccie to see if things have improved any and if we can secure work. We are hoping to apply fgor a RRV whilst in Australia and your post has given me some hope, we really don't want our dream to emigrate to be over ... what do they class as compelling and compassionate reasons ?

 

You may find on your reccie that things jobwise are worse here now after the so called mining boom is over. Australia is heading for recession.

Link to comment
Share on other sites

Your fathers illness will do also anything else, family reasons, job reasons, any family illness, kids schooling if you have any etc..........Your PR visa does not expire its the travel part so you should be able to apply for an RRV while here .............

  • Like 1
Link to comment
Share on other sites

Your fathers illness will do also anything else, family reasons, job reasons, any family illness, kids schooling if you have any etc..........Your PR visa does not expire its the travel part so you should be able to apply for an RRV while here .............

 

 

Thank you you for that, there's quite abit I'll be able to include, I'll apply whilst we're over in Australia

 

Doyou know if the fee payable is per visa applicant (there's 4 of us), or just per family application ?

 

Thanks again for your reply

Link to comment
Share on other sites

Thank you you for that, there's quite abit I'll be able to include, I'll apply whilst we're over in Australia

 

Doyou know if the fee payable is per visa applicant (there's 4 of us), or just per family application ?

 

Thanks again for your reply

 

Per person as each person has their own visa.

Link to comment
Share on other sites

Thank you you for that, there's quite abit I'll be able to include, I'll apply whilst we're over in Australia

 

Doyou know if the fee payable is per visa applicant (there's 4 of us), or just per family application ?

 

Thanks again for your reply

 

Your case is not same as Skippy's. Skippy had to demonstrate compelling reasons for absence as s/he had been out of the country for over five years.

 

You do not need to prove reasons for your absence as it is less than five years, rather you will need to prove substantial ties to the country. Do you have any? If you can find a job on your visit that would be a great start. But as holidaymakers wth no jobs or address, there is a possibility you would only get a three month RRV. Otherwise everyone coud come over for a few days and keep renewing RRVs without actually moving.

 

To save fees, I would be tempted to apply for just one of you initially and see what happens.

Link to comment
Share on other sites

  • 4 months later...
First of all pr visa's don't expire it's just the travel portion that expires.

 

In theory, that is true, but in practice it's not that straight forward. I for one did not stay more than 2 years in Australia and cannot apply for a return visa without showing any ties to Australia:

 

http://www.border.gov.au/Trav/Visa-1/155-/Resident-Return-visa-(subclasses-155-and-157)-document-checklist

 

Documents to show your ties with Australia

 

If you have not spent a total of two years in the last five years in Australia as an Australian permanent resident, you must provide documents to show that you have substantial ties to Australia. These could be business, cultural, employment or personal ties.

Documents to show your ties with Australia might include the documentation described in the list below. To support your application please provide a statement outlining the documents you have attached, describe the nature of the ties and how they are of benefit to Australia.

To lodge a complete application you should attach scanned copies of any associated original documents through your ImmiAccount as part of the online application process.

Applications with missing information will take longer to finalise.

 

 

  • To show your business ties with Australia:

    • company reports defining your role and authority

    • business transactions

    • partnership or joint venture agreements

    • contracts showing your signature

    • business or personal records.

     

     

    [*]To show your cultural ties to Australia:

     

    • publications written by you

    • contracts

    • evidence of membership of cultural associations

    • newspaper articles about you

    • programs listing your artistic or cultural performances.

     

     

    [*]To show your employment ties with Australia:

     

    • letter of offer from employers

    • employment contracts

    • recent official documents such as group certificates

    • employee identification or security pass.

     

     

    [*]To show your personal ties with Australia:

     

    • birth certificates, citizenship certificates or evidence of permanent residence of close family members who reside in Australia

    • proof of children attending school in Australia, such as school reports

    • proof of relationships with those close family members who reside in Australia

    • evidence of ownership of property in Australia, such as rates notices or property contracts.

     

     

    [*]If you need to show you are an immediate member of a family group where the family head holds, or has applied for, a Resident Return (subclass 155 or 157) visa:

     

    • current proof of relationship

    • certified copy of the family member’s valid Resident Return (subclass 155 or 157) visa or evidence that the family has lodged an application for a Resident Return (subclass 155 or 157) visa

    • current proof of relationship.

     

     

 

 

 

 

That practically means that they can easily deny a return visa and that would mean that the Permanent Residence Visa is then useless. For many (including myself), its hard to meet the above...

 

And this is from the letter of acceptance of my permanent residence visa....so, no, PR is not necessarily permanent :)

 

0k9fadu9k43r2w9zg.jpg

Edited by B1K3R
Link to comment
Share on other sites

In theory, that is true, but in practice it's not that straight forward. I for one did not stay more than 2 years in Australia and cannot apply for a return visa without showing any ties to Australia:

 

http://www.border.gov.au/Trav/Visa-1/155-/Resident-Return-visa-(subclasses-155-and-157)-document-checklist

 

 

 

 

That practically means that they can easily deny a return visa and that would mean that the Permanent Residence Visa is then useless. For many (including myself), its hard to meet the above...

 

And this is from the letter of acceptance of my permanent residence visa....so, no, PR is not necessarily permanent :)

 

0k9fadu9k43r2w9zg.jpg

 

Permanent Residency is Permanent. You have the right to reside in Oz permanently. However you do not have permanent travel rights, thats the portion that expires. It doesn't affect the right to reside here only the right to travel.

Link to comment
Share on other sites

Permanent Residency is Permanent. You have the right to reside in Oz permanently. However you do not have permanent travel rights, thats the portion that expires. It doesn't affect the right to reside here only the right to travel.

 

I agree, and what you said is perfectly true, but if one cannot travel back to Australia and stay/work there, then PR becomes useless no? :)

Link to comment
Share on other sites

I agree, and what you said is perfectly true, but if one cannot travel back to Australia and stay/work there, then PR becomes useless no? :)

 

It's useless if you're outside Australia, yes. However there are plenty of people living IN Australia whose travel rights expired 20 years ago, but their PR is still valid. So long as they don't travel overseas they don't have any problems. There are thousands of European immigrants in Australia like that, they've never felt the need to go overseas again.

 

Basically with PR, you have the right to reside permanently in Australia provided you never leave. If you want to leave temporarily, you need to get a RRV. If you want to leave for a long period, you need to get citizenship first.

 

I don't know your situation but the reason limits were placed on returning is, there were too many people from unstable countries applying for PR, activating their visa, then going back to their home country and keeping their PR in the bottom drawer "just in case". The migration system was getting clogged up with people who wanted to use Australia as an insurance policy, they didn't really want to migrate. That's what the RRV rules are meant to prevent.

Edited by Marisawright
Link to comment
Share on other sites

I agree, and what you said is perfectly true, but if one cannot travel back to Australia and stay/work there, then PR becomes useless no? :)

 

Indeed the permanent visa can be useless if the holder is overseas for too long. However it also seems relevant that people understand a permanent visa is permanent as it says on the tin. The visa itself doesn't expire and it doesn't need to be renewed, only permission to travel need be renewed.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...