Extending P.R. via Investment

[Ozlem Goray]

Hi There,

I need your wisdom & judgement for a subject.

My hubby and I are both Permanent Residents. We've lived in Australia for around five years (on different visas but my hubby was mostly on P.R., but duration was not continuous and was split into two terms). 
For a few years now, we have shifted to the expat life in the Middle East (Gulf) considering the offer as better for my hubby's career.

Now I am on partner Visa (801) which will expire on February 2020 and my hubby has already switched to Resident Return (155) which will expire on April 2021. 
Kids are Australian Citizens.

Our option #1 is returning to Australia before the expiry dates, for sure. However, even in that case we are concerned that our travel rights might be limited for a few years, until the new Resident Return visas can be secured. Therefore, in case of a family emergency etc. this waiting period might end up bad.
So, digging deeper for further alternatives, we might also consider investment opportunities that might help us extending our P.R. before returning to Australia.
How would you reckon our chance on the above scenario, for instance, to invest on property (will go for mortgage or shares etc. then, as we cannot afford else with our current savings)?
What would be pros and cons, from your perspective?
Any suggestions? Specific points to be highlighted? Anybody who experienced similar?

Thanks for your time.

[Raul Senise]

Your situation is complex and the processing of Resident Return (155) is becoming more and more difficult. 

Trying to obtain advice on such an important issue, on a public forum, based on such little information is a recipe for disaster.

You would be well advised to seek professional advice to enable some forward planning.

 

[Marisawright]

Just to clarify your terminology, which may help you when you are discussing this elsewhere

ONCE YOU HAVE PR, YOU NEVER EVER LOSE IT. You can't talk about "extending PR" because it already lasts until you die (unless you get citizenship).

When you first get your visa, you get travel rights (the right to travel in and out of Australia) for five years.   

If you don't take citizenship during that time, then you need to renew your travel rights.  That's called a RRV.   You don't "switch" to a RRV.  It's an add-on to your PR visa. 

How this applies to your situation:

Your 801 visa does not "expire" in 2020 because it's a PR visa and that never expires.  What expires are your travel rights.  Same for your husband - his RRV will expire but his PR visa continues.  However, if you are overseas without valid travel rights, your PR becomes worthless because you won't be allowed back into the country. 

So your problem is not how to extend PR, that's impossible - it's how to get your travel rights renewed.   

to get a RRV, you normally need to have been living in Australia for two years out of the previous five years.  If you don't have that, then you need to demonstrate "very strong ties" to Australia.  

If you delay moving back to the very last minute, then you fail the residency test, and it will be difficult to pretend you have very strong ties to Australia if you've only just arrived back after a long absence. 

However, consider this:  if you move back before April next year, your husband will get his two years' residency, so his RRV will be assured.   You will fall short, BUT by the time your travel rights expire, you will own a home where you've been living for some time, jobs, children established in schools, etc., so you'll be in a much better position to argue that you have "very strong ties" to Australia. 

 

Edited November 18, 2018 by Marisawright

[paulhand]

6 hours ago, Marisawright said:

Just to clarify your terminology, which may help you when you are discussing this elsewhere

ONCE YOU HAVE PR, YOU NEVER EVER LOSE IT. You can't talk about "extending PR" because it already lasts until you die (unless you get citizenship).

When you first get your visa, you get travel rights (the right to travel in and out of Australia) for five years.   

If you don't take citizenship during that time, then you need to renew your travel rights.  That's called a RRV.   You don't "switch" to a RRV.  It's an add-on to your PR visa. 

How this applies to your situation:

Your 801 visa does not "expire" in 2020 because it's a PR visa and that never expires.  What expires are your travel rights.  Same for your husband - his RRV will expire but his PR visa continues.  However, if you are overseas without valid travel rights, your PR becomes worthless because you won't be allowed back into the country. 

So your problem is not how to extend PR, that's impossible - it's how to get your travel rights renewed.   

to get a RRV, you normally need to have been living in Australia for two years out of the previous five years.  If you don't have that, then you need to demonstrate "very strong ties" to Australia.  

If you delay moving back to the very last minute, then you fail the residency test, and it will be difficult to pretend you have very strong ties to Australia if you've only just arrived back after a long absence. 

However, consider this:  if you move back before April next year, your husband will get his two years' residency, so his RRV will be assured.   You will fall short, BUT by the time your travel rights expire, you will own a home where you've been living for some time, jobs, children established in schools, etc., so you'll be in a much better position to argue that you have "very strong ties" to Australia. 

 

This is not the correct way to look at this issue.

You DO lose your permanent resident status if you are offshore and the "travel rights" of your permanent visa have expired. You may reinstate your permanent resident status by being granted an RRV (or another permanent visa), but whilst you are offshore and without a valid visa to return, you are a FORMER permanent resident in the eyes of the law and the Department.

"Extending PR" is the wrong terminology, but an RRV (i.e. a Resident Return Visa) is not some form of add-on "travel rights" , it a new permanent visa which replaces whatever former permanent visa you previously held.

In the OP's case, as Raul advises, it would be a good idea to discuss strategy with a professional.