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AnnetteV

Is there a risk of losing PR

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Hi everyone

I'm wondering if anybody can tell me if someone have ever lost their PR due to leaving before renewing RRV or becoming a citizen. I have skilled migration visa and been here 1 year and ten months. My partner of ten years is Australian and due to his work we are leaving Australia end of next week. He has mental health issues and that is why I'm going with him now and not waiting two months till I can get a five year RRV.

We might be out of Australia for 2-5 years and can imagine settling here again but I'm wondering if I can add his work commitment overseas and his mental health as compassionated reasons for leaving and wanting to return later, when applying for a RRV? 

Or can I list those reasons when applying for a RRV when my current travel facilities runs out?

I have worked for the whole time being here, done a little bit of voluntering and I will continue to work for an Australian company when overseas.

I hope it makes sense and I know you can only give your thoughts/advice but would be good to hear if anybody else has heard or experienced this themselves. Many thanks.

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Not qualified to answer ... but my thoughts are that this is one of those questions that the time frame you've given of possibly being away 5 years is that in that time 'anything can change with the rules'.

His work commitment may be a reason for staying away from Aus - will you still have substantial ties here during your absence?  but if you're going to use Mental health reasons (or any illness reasons as grounds for not having been here), then I would imagine it may be good to get some sort of professional evidence to support this.

Would your company class it as a temporary transfer which would evidence that your substantive job was here in Aus?


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Current rules state that if you are absent for 5years continually you need to prove both close ties to Australia and a good reason for being overseas.  If you absence is less than 5 years you only have to prove close ties.

So I would say make sure you don’t exceed 5 years (coming back on holidays would help) and your citizen husband would be a close tie as well as any real estate you may have and jobs in Australia.

I would also say as Ali has, that you should keep abreast of the rules and any changes that might affect you going forward.

And just to say I think you are doing the right thing in supporting your husband, having someone close who understands you is an enormous help and not to be underestimated. He is a lucky man. 


So many wineries ......so little time :yes:

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Many thanks for your thoughts/advice. My current RRV is running out in August 19, so I guess I have to apply for that while overseas. We can get GP's letters in regards to his health and from his company overseas as well. We will come here on holiday so I need a RRV and not tourist visa from my understanding. His parents lives here and I'm still hoping for earning enough for a small investment property.

My company, the terms will stay the same for my job as I work from home and they have been great for me.

Many thanks! Fingers crossed! We would prefer not having to apply for a de-facto as I already have PR but will in worse case...

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As Ali says, a lot can change in 5 years. If you can't stay for two months to get the 5 year RRV, then I suggest you apply for a one year one well before your current one expires. There is no reason that should not be granted, based on what you say. This means that you will still have your PR current and any trips back in the next few years will count towards the 2 years in 5 for a 5 year RRV. When that one is close to expiring, apply again.

Edited by paulhand
you updated post
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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

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6 minutes ago, AnnetteV said:

We would prefer not having to apply for a de-facto as I already have PR but will in worse case...

You are a long way from that scenario, given your circumstances.

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

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