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DCPOZUK

Travel facility on PR about to expire

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Hello everyone,

I am the holder of a EN186 Permanent Resident visa. The travel facility on the visa is due to expire on March 20th and I am currently in the UK.

I have been working in the UK for over two years and do intend on returning to Australia. I'm trying to work out whether I should try to return to Australia before expiry or apply for a Resident Return visa.

Given what's going on in the world right now my preference would be RRV however the guidance on the website indicates a processing time of up to 4 months as I have been outside of Australia for more than 2 years. This would mean I have a gap where I have no travel facility. I have no significant ties to Australia except calling Australia home.

Does anyone have any experience of similar situation?

Thank you in advance

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I think you’re misunderstanding the rules. Provided you’ve lived in Australia for at least 2 years out of the last 5, you’ll get the RRV automatically.  It’s certainly not worth the risk to let it lapse


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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7 hours ago, DCPOZUK said:

Hi, thanks, I lived in Australia for 1 year out of 5

In which case you will need to demonstrate ‘significant ties’ in order to be granted an RRV. The only sure way to protect your status is to be back before your visa expires at the end of March, but if you intend to apply for an RRV I would do it now. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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9 hours ago, DCPOZUK said:

Hi, thanks, I lived in Australia for 1 year out of 5

That's a worry.     If you don't meet the residency requirement AND you have no strong ties to Australia, you don't qualify for a RRV and it's likely to be refused. Then you've lost your PR forever. 

As Paul says, you could try applying for a RRV now and see what happens.  You never know, maybe they'll be more lenient than usual due to Covid.  But in your shoes, I wouldn't be banking on it. 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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