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What happens if you don't meet resident return criteria?


camcc

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Hi all,

I obtained Australian permanent residency status in December 2016. I moved to the U.S. for work in September 2017.

I have a few questions about returning to Australia:

  1. What is the latest I could move back to Australia without needing to re-apply for residency and / or another visa type?
  2. If, for example, I decided to move back in September 2021 - a total of 4 years out of the country and almost 5 years since gaining permanent residency -  what would my options be for re-entry?

Many thanks!

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Hi JetBlast,

The police check and medical was done in around April 2016.

Note that I first entered Australia in April 2013 on a 457. I traveled in and out of the country regularly up until moving to the U.S. The last time being in June 2017, 6 months after I received PR and 3 months before I came to the U.S.

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If you don't meet criteria for the RRV then you don't get the RRV, simple as that.

There are two ways to qualify.  One is the two years out of five, which you seem to know about.  The other option is to demonstrate "ties of benefit to Australia" - if you can do that, then you can get a one-year RRV.  I'd say get an agent to put that together for you, especially if your actual ties aren't that strong!

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1.  The latest you could re-enter on your current visa would be Dec. 2021 (5 years after grant).

2.  If you return in Sept. 2021, you simply enter on your existing PR.  After Dec. 2021 the entry rights would expire so you may want to apply for a RRV at that time.  If you're already settled in Australia, you may have a good chance to get a 1-year RRV and you can build up your residency to either a longer RRV and/or citizenship.

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5 hours ago, camcc said:

Many thanks all.

I should have added that I am married to an Australian and we have joint bank accounts with savings there - hopefully that means my ties are sufficient enough to be granted a one-year RRV!

Well, in that case you don't need to worry, because if for some reason you couldn't get one, you just need to apply for  a spouse visa.

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