How long can you be outside of Australia on your PR 186 Visa?

[f1990col]

Hi There,

my 186 Visa was granted in May 2018

I was given 5 year PR Visa. I left Australia in November 2018 and i have been traveling and visiting family in the UK.

i just want to clarify how long i am entitled to stay outside of Australia while maintaining my PR Visa.

My understanding is i have until 2023 to return to Australia but making sure i have lived in Australia as a PR for at least 12 months (currently 6 months)

I will be coming back to Australia to live long term, just wanting some help on this please.

Would be much appreciated.

Many thanks,

John

[Ken]

On 05/01/2020 at 19:43, f1990col said:

Hi There,

my 186 Visa was granted in May 2018

I was given 5 year PR Visa. I left Australia in November 2018 and i have been traveling and visiting family in the UK.

i just want to clarify how long i am entitled to stay outside of Australia while maintaining my PR Visa.

My understanding is i have until 2023 to return to Australia but making sure i have lived in Australia as a PR for at least 12 months (currently 6 months)

I will be coming back to Australia to live long term, just wanting some help on this please.

Would be much appreciated.

Many thanks,

John

If you want to obtain a 5-year RRV you need to have lived in Australia for two years (730 days) in the previous five years - that's double the 12 months you say you want so I don't know where you've got that figure from. However those 730 days do not have to have been completed prior to your 5 year PR Visa expiry provided you are in Australia to complete them. Furthermore you only need the RRV if you want to be able to leave and return to Australia. If you enter Australia before your 5-year PR visa expires (and don't leave) you can remain indefinitely without needing an RRV. If you do take the RRV route remember that you'll need 730 days in the previous 5-years to get a new RRV but similarly you don't need to have completed those at the expiry of your RRV provided you are in Australia.

PS Should also mention that there is a 12-month RRV available if you can demonstrate "significant ties to Australia" but haven't completed the 730 days in the previous 5 years.

Edited January 6, 2020 by Ken

[calNgary]

1 hour ago, Ken said:

If you want to obtain a 5-year RRV you need to have lived in Australia for two years (730 days) in the previous five years - that's double the 12 months you say you want so I don't know where you've got that figure from. However those 730 days do not have to have been completed prior to your 5 year PR Visa expiry provided you are in Australia to complete them. Furthermore you only need the RRV if you want to be able to leave and return to Australia. If you enter Australia before your 5-year PR visa expires (and don't leave) you can remain indefinitely without needing an RRV. If you do take the RRV route remember that you'll need 730 days in the previous 5-years to get a new RRV but similarly you don't need to have completed those at the expiry of your RRV provided you are in Australia.

PS Should also mention that there is a 12-month RRV available if you can demonstrate "significant ties to Australia" but haven't completed the 730 days in the previous 5 years.

If the PR visa was granted in 2018 and he activated it and stayed a few months, he wouldn't need a RRV would he? 

Cal x

[Ausvisitor]

1 hour ago, calNgary said:

If the PR visa was granted in 2018 and he activated it and stayed a few months, he wouldn't need a RRV would he? 

Cal x

He wouldn't, but he would need an RRV if he then left after 6 months as the initial 5 year travel authority would have run out.

At that point he would only have been in AUS for 12 months in the previous 5 so wouldn't qualify for a new 5 year RRV so would only get a 12 month one (if they accepted that he had ties to AUS)

[Paul Trowel]

1 hour ago, Ausvisitor said:

He wouldn't, but he would need an RRV if he then left after 6 months as the initial 5 year travel authority would have run out.

At that point he would only have been in AUS for 12 months in the previous 5 so wouldn't qualify for a new 5 year RRV so would only get a 12 month one (if they accepted that he had ties to AUS)

I'm in the same position, can someone please explain how hard it is to get the 1 year RRV? Is substantial ties as simple as being employed?

[Ausvisitor]

1 hour ago, Paul Trowel said:

I'm in the same position, can someone please explain how hard it is to get the 1 year RRV? Is substantial ties as simple as being employed?

If you are currently in AUS and employed full time you should be fine.

If you are outside AUS it's harder and if you are inside AUS but without things like full time work it's also a little harder.

[Ken]

On 06/01/2020 at 21:39, calNgary said:

If the PR visa was granted in 2018 and he activated it and stayed a few months, he wouldn't need a RRV would he? 

Cal x

Not until 2023 (and then only if he wanted to take a trip out of Australia) but it's relevant to the discussion of how long you can remain outside Australia on your PR visa.

[f1990col]

11 hours ago, Ken said:

Not until 2023 (and then only if he wanted to take a trip out of Australia) but it's relevant to the discussion of how long you can remain outside Australia on your PR visa.

Thanks so much for your help here guys.

so just to clarify, the 730 days does not have to be consecutive during the 5 year visa? think i have done roughly 180 days as a PR - meaning essentially to maintain the PR visa i need do live in Aus for another 550 days before May 2023? is this correct?

 

As mentioned, i may stay in the UK for this year and come back next year (rough plan) to complete my 550 days. 

 

My plan is 100% to live in aus and once i get settled again apply for my Aus passport after 12 months.

 

Also worry in the back of my mind, is there anyway subject to change of government for example, they can cancel your PR visa or change the regulations.

 

I'm probably overthinking things here i know, just want to be 100% - maybe i should just come back soon and get the Passport over and done with!

 

Let me know your thoughts,

 

Much appreciated, thank you!

 

Best,

Jonathan

[Ausvisitor]

You won't be eligible for an Australian passport until you meet the citizenship threshold.

This is living in Australia for four years in a row (with some allowance for holidays etc.) and some of that time being a PR (it used to be at least 1 yr as a PR but there has been talk of that being increased)

Once you qualify you apply for a citizenship test (assuming you pass) you then wait to be assigned a citizenship ceremony.

Only after the ceremony are you a citizenship and able to get a passport - this is currently taking over a year from the point of applying for a test in some cases

[f1990col]

21 hours ago, Ausvisitor said:

You won't be eligible for an Australian passport until you meet the citizenship threshold.

This is living in Australia for four years in a row (with some allowance for holidays etc.) and some of that time being a PR (it used to be at least 1 yr as a PR but there has been talk of that being increased)

Once you qualify you apply for a citizenship test (assuming you pass) you then wait to be assigned a citizenship ceremony.

Only after the ceremony are you a citizenship and able to get a passport - this is currently taking over a year from the point of applying for a test in some cases

 

21 hours ago, Ausvisitor said:

You won't be eligible for an Australian passport until you meet the citizenship threshold.

This is living in Australia for four years in a row (with some allowance for holidays etc.) and some of that time being a PR (it used to be at least 1 yr as a PR but there has been talk of that being increased)

Once you qualify you apply for a citizenship test (assuming you pass) you then wait to be assigned a citizenship ceremony.

Only after the ceremony are you a citizenship and able to get a passport - this is currently taking over a year from the point of applying for a test in some cases

I had lived in Australia for 4 years in a row from 2014 - 2018 would this make me eligible if i come back and reside for 12 months? (providing the time as a PR does not increase)

[Ausvisitor]

34 minutes ago, f1990col said:

 

I had lived in Australia for 4 years in a row from 2014 - 2018 would this make me eligible if i come back and reside for 12 months? (providing the time as a PR does not increase)

Not necessarily as it's always exactly four years from the day.

So anything prior to 13th Jan 2016 is now no longer usable as a qualifying day for citizenship.

If you can manage four years in a row where you are not out of the country for more than 12 months in total (and no more than 3 in the immediate year before) and meet the PR rules for citizenship then you can apply

[Ken]

18 hours ago, f1990col said:

 

I had lived in Australia for 4 years in a row from 2014 - 2018 would this make me eligible if i come back and reside for 12 months? (providing the time as a PR does not increase)

To meet the residency qualification for citizenship you cannot have been outside of Australia for more than 365 days in the previous 4 years. That means unfortunately if you've been out of Australia for more than one year none of your previous years in Australia count. You'll need to return to Australia and stay for at least 3 years. 3 years because you'll be able to add the 365 days preceding your return as part of your 4 year residency. Note that if you need to make any trips out of Australia after you've returned the period you can use from before you returned will be reduced accordingly.

Edited January 14, 2020 by Ken