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PR / Citizenship / Resident Return


Coupleinoz

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My partner and I, aged 33 and 29, are originally from the UK and Ireland and have been living in Australia for 4 years. We have recently been granted Permanent Residency in July 2017. 

We saw this visa as a stepping stone to citizenship, which would then give us the flexibility between UK / Ireland and Australia. The complication for us is the recent change from 2 years to 4 years to apply for citizenship, as we wanted to spend few years back in UK / Ireland to get married and spend time with friends and family. 
 
We currently believe we have two options: 1) leave in the next few months and return within the 5 year return visa 2) stay for the 4 years to get citizenship. 
 
In order to help us make this decision, we are looking advice on our visa, the resident return visa and conditions for citizenship. 
 
Specifically:
  • Detail on how the resident return visa works within the permanent residency visa? Do we need to be living in Australia to extend PR / return visa beyond the first 5 years? Could we apply for extension from UK and then return after 6 - 8 years?
  • If we left and didn't return within our visa conditions, is there any other way of returning to Australia later in life? (e.g. company sponsoring to bring me back over when I'm in mid 40's).
  • Can anyone recommend a good immigration lawyer that won't charge a fortune for a 1hr consultancy? 
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AFAIK - it is a bit variable and the following may apply (I may be wrong but this is a summary of experiences I have heard about)

The idea of PR is that you plan to move to Australia permanently and the are initally given a 5 year travel window to do so.  It is not an open-ended option (citizenship is)

If you are living overseas when that 5 years expires, you can apply for a RRV.  You may get a 1 year visa, a further 5 year visa (unlikely from what I hear) or it may be denied.  There is no guarantee.  You also may need to show significant ties to Australia and/or plans to move permanently in the immediate future (job offers, plane tickets etc).

Given that the trend is to tightening the borders and immigration, it could be a big risk to take.

As I said on your other thread, the proposed change in citizenship laws is not yet law and is running into opposition in the senate.  If it doesn't pass or is amended, you may only have to do 1 year as a PR (with the other qualifications) to qualify for citizenship (& probably a year to process).

Unless there is an urgent reason to move to Europe (seriously ill relative etc), I suggest you postpone your decision until there is clarity on proposed/current citizenship laws (probably early 2018).

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43 minutes ago, Collie said:

AFAIK - it is a bit variable and the following may apply (I may be wrong but this is a summary of experiences I have heard about)

The idea of PR is that you plan to move to Australia permanently and the are initally given a 5 year travel window to do so.  It is not an open-ended option (citizenship is)

If you are living overseas when that 5 years expires, you can apply for a RRV.  You may get a 1 year visa, a further 5 year visa (unlikely from what I hear) or it may be denied.  There is no guarantee.  You also may need to show significant ties to Australia and/or plans to move permanently in the immediate future (job offers, plane tickets etc).

Given that the trend is to tightening the borders and immigration, it could be a big risk to take.

As I said on your other thread, the proposed change in citizenship laws is not yet law and is running into opposition in the senate.  If it doesn't pass or is amended, you may only have to do 1 year as a PR (with the other qualifications) to qualify for citizenship (& probably a year to process).

Unless there is an urgent reason to move to Europe (seriously ill relative etc), I suggest you postpone your decision until there is clarity on proposed/current citizenship laws (probably early 2018).

Just had a read up on this, it's not really clear if you apply/applied after 20th April 2017 what would happen to your application? Is this still under the old rules or is the Government making people hold on until next year?

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Just read this on a SBS website http://www.sbs.com.au/yourlanguage/punjabi/en/article/2017/06/27/over-81000-citizenship-applications-awaiting-processing

"The Department of Immigration and Border Protection says all citizenship applications received on or after 20th April will be processed according to the new citizenship law. "

I didn't think you could apply a new law without actually changing a law?

I think I've further confused myself!

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@Ozzie I got this from an immigration lawyer this morning....

Please note that the situation at the moment with citizenship is very fluid and not certain given the issues that the proposed changes are facing in the Senate and so it is difficult to give you advice. For commentary on the current struggles the government is facing see for example: 

https://www.theguardian.com/australia-news/2017/sep/05/peter-duttons-citizenship-overhaul-derailed-by-nick-xenophon-team

http://www.abc.net.au/news/2017-09-05/senate-committee-says-citizenship-english-proposal-too-tough/8875926

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I think everything after 20/04/17 is in limbo.

They can't apply the proposed laws until they are passed.  They are currently held up in the senate, either they will have to be amended, a deal is done and they will fail and the current.old rules apply.  they have made a complete mess of the whole thing, mostly with the planned retrospective action which goes against a key principle of implementing legislation.

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