Indianinoz Posted August 28, 2017 Share Posted August 28, 2017 Hello, We came to Australia on a PR(189 visa) in Dec 2015. We are planning to go back to our home country for personal and family reasons. We might have to spend around 5-7 years in our home country before we come again in Australia. What are the consequences? Will we be able to come back without any problems? Or do you think its best to get citizenship before we go to our home country? What are the rules for obtaining citizenship? When are we eligible to apply for citizenship? Thanks! Quote Link to comment Share on other sites More sharing options...
Quoll Posted August 28, 2017 Share Posted August 28, 2017 You won't be eligible for citizenship until Dec 2019. You may have problems if you leave without citizenship and want to return. You will have to apply for a Return Residents Visa (the travel portion of your PR) which may, or may not be granted depending on your ties to Australia. Definitely advisable to get citizenship but you would be looking at well into 2020 before you are finished with the citizenship process. 1 1 Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 28, 2017 Share Posted August 28, 2017 The travel portion of your visa will expire five years after it was granted. This would mean to enter Australia after that, you would need a resident return visa. However, it would be risky as to if you would get one. You technically would not have fulfilled the requirements so would rely on the discretion of the department. The department are pretty lenient with them, but there would be no guarantee. 1 Quote Link to comment Share on other sites More sharing options...
Indianinoz Posted August 28, 2017 Author Share Posted August 28, 2017 Thanks! We went to our home country twice(for around a month each) in the last 20 months since we first came here. Is it excluded? Also, how long does it take for them to grant citizenship once I complete the 4 years? Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted August 28, 2017 Share Posted August 28, 2017 The trips out of th country do not affect your visa. The only thing that does is the end of travel rights five years after grant. Once you are eligible for citizenship it takes about a year from applying to getting it. 1 Quote Link to comment Share on other sites More sharing options...
Ken Posted August 28, 2017 Share Posted August 28, 2017 Trips out of the country do affect your eligibility for citizenship in that you are only allowed to be outside of Australia for 12 months in the 4 years preceding application for citizenship including no more than 3 months in the final year. Was Dec 2015 the first time you came to Australia? If you came on a visa activation trip you can use that to start your 4 year period of residency earlier than Dec 2015 but (including the two months you've already been out of the country plus 10 months before Dec 2015 to take you to the maximum 12 months outside Australia in the preceding 4 years) the earliest you could apply for citizenship would still be Feb 2018. Note that it doesn't matter if you were actually outside Australia 4 years before your citizenship application provided you'd been before that and you meet the residency requirement across the 4 years. 1 Quote Link to comment Share on other sites More sharing options...
Croft Posted August 28, 2017 Share Posted August 28, 2017 According to this - https://www.border.gov.au/Trav/Visa-1/155- - you can get a 5 year RRV if you have spent a minimum of 2 years in Australia in the last 5 years. You can only apply for this once your original PR expires (5 years after issue). Now, if you stay until early 2018 (to make up for the fact you have spent time out of the country already) you may be technically eligible under CURRENT rules. Rules change though, and you'll be applying from outside Australia under your current plans. The website states you must be a permanent resident at the time you apply for your RRV. Whether that means you hold a PR visa or are actually resident in Australia someone else may be able to answer. 1 Quote Link to comment Share on other sites More sharing options...
NickyNook Posted August 28, 2017 Share Posted August 28, 2017 55 minutes ago, Croft said: According to this - https://www.border.gov.au/Trav/Visa-1/155- - you can get a 5 year RRV if you have spent a minimum of 2 years in Australia in the last 5 years. You can only apply for this once your original PR expires (5 years after issue). Now, if you stay until early 2018 (to make up for the fact you have spent time out of the country already) you may be technically eligible under CURRENT rules. Rules change though, and you'll be applying from outside Australia under your current plans. The website states you must be a permanent resident at the time you apply for your RRV. Whether that means you hold a PR visa or are actually resident in Australia someone else may be able to answer. Exactly... Assuming the OP stays in Australia for two years from December 2015 - so he lives here until December 2017 - he can safely leave the country and return to India. Three years later in late 2020, he can then apply for a 5-year RRV which he should get OK. In late 2020 he will still satisfy the 5-year RRV rule in that he lived in Australia for two years within the last five years. This RRV will give him until 2025 to return to Australia - so he gets 8 years before he loses his right to return. 1 Quote Link to comment Share on other sites More sharing options...
Indianinoz Posted September 4, 2017 Author Share Posted September 4, 2017 Does it make any difference if both or one of me and my wife are working for an Aussie firm remotely from our home country i.e. India? My employer has agreed to grant me 'work from remote location' i.e. from a computer. Does this help or do I have to be physically present in Australia to ensure the period gets counted for citizenship? Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 4, 2017 Share Posted September 4, 2017 For citizenship purposes, you must be physically present in Australia. However, the job may make it easier to get a RRV 1 Quote Link to comment Share on other sites More sharing options...
Indianinoz Posted September 5, 2017 Author Share Posted September 5, 2017 Does it serve the purpose if one of me and my wife complete the required stay for citizenship but not both? Say for eg. I go to India now completing only about 18 months of stay in Australia whereas my wife completes 36 months of stay in the first 48 months(with at least 9 months in the last 12 months). Can we both apply for citizenship later or will only she be eligible? Quote Link to comment Share on other sites More sharing options...
LeMain Posted September 6, 2017 Share Posted September 6, 2017 5 hours ago, Indianinoz said: Does it serve the purpose if one of me and my wife complete the required stay for citizenship but not both? Say for eg. I go to India now completing only about 18 months of stay in Australia whereas my wife completes 36 months of stay in the first 48 months(with at least 9 months in the last 12 months). Can we both apply for citizenship later or will only she be eligible? Only she is eligible for citizenship at that time if only she has spent the 36 months in Australia. However, once you have an Australian citizen wife, that will substantially strengthen your "substantial ties" when you apply for an RRV without having spent the required 2 years in 5 in Australia. She cannot leave after the final year without applying and then apply at a later date, if that was your question. Cheers 1 Quote Link to comment Share on other sites More sharing options...
Indianinoz Posted September 13, 2017 Author Share Posted September 13, 2017 Assuming I manage to complete the 3 years of stay in the first 4 years including at least 9 months in the last year and I apply for citizenship in Dec 19. What about the period after Dec 19 when I apply until I the obtain the citizenship which may take about 6 months? Can citizenship be denied if I leave the country in Dec 19 immediately after being eligible to apply and having applied for citizenship? Secondly, once after I obtain citizenship, is there any compulsion that I have to visit Australia every few years or can I perpetually live abroad also if I want to? Quote Link to comment Share on other sites More sharing options...
Satty Posted October 1, 2017 Share Posted October 1, 2017 Hi all, I need to know something related to this topic. After PR grant , What if the primary applicant never arrives for visa validation but the dependant does on time and continues to stay for ever. Would that be a problem in future for the deoendant?Sent from my Redmi Note 3 using Tapatalk Quote Link to comment Share on other sites More sharing options...
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