Does 2 out of 5 year for RRV have to be from grant date of previous RRV?

[Quee]

Hi there,

I’d appreciate some advice regarding applying for a future RRV. 

Is the 2 in 5 year condition from the date of the most recent RRV application or can they count any time that precedes it (that formed the initial part of the original PR visa)?

We arrived in Aus for second time (we left initially as partner’s father suddenly passed away) in Sept 2017. My PR was due to run out in April 2018 so applied and was granted a 5 year RRV. We then had a baby and returned to Uk for what was meant to be 9 months in March 2020 but now we’re a bit unsure what to do and feel in limbo with Covid. 

We definitely want to return to Oz at some stage but in current times, just not sure when it’s possible. 

So I just want to know what my options are and would be grateful if any help and advice.

My RRV runs out April 2023. If immigration only count the 2 in 5 years from the time prior RRV granted, I don’t have 2 years and will need to get back by 2023. However, if they count the time prior to it (so for me from Sept 2017) and I can apply  for a new RRV at start of 2022 (no idea if I’d even be able to do this as still a year left on RRV) i will qualify for the 2 year period and it will enable us to stay put for a bit but have a window to return all the way up to 2027.

Thanks everyone.

Lau

[Marisawright]

The rule is 2 years in the last 5 years.    So if you're applying in April 2023, you must have spent 2 years in Australia since May 2018.

[Quee]

Thanks Marisawright. I appreciate you taking the time to reply!

I’m aware that if I was applying in April, that I’d have to have the 2 years from May 2018. What I’m wondering is if I can apply early (sept 2022) so that the 5 years from this date will take me up to sept 2017 and therefore have the required 2 years to qualify, even though my previous RRV was only granted in April 2018.

I apologise if I’m not making my situation clear.

 

I greatly appreciate all your advice.

Lau

[paulhand]

1 minute ago, Quee said:

Thanks Marisawright. I appreciate you taking the time to reply!

I’m aware that if I was applying in April, that I’d have to have the 2 years from May 2018. What I’m wondering is if I can apply early (sept 2022) so that the 5 years from this date will take me up to sept 2017 and therefore have the required 2 years to qualify, even though my previous RRV was only granted in April 2018.

I apologise if I’m not making my situation clear.

 

I greatly appreciate all your advice.

Lau

It’s 2 years in the previous 5, as a permanent resident, it doesn’t matter which permanent visa you hold/held. 

[Marisawright]

21 minutes ago, paulhand said:

It’s 2 years in the previous 5, as a permanent resident, it doesn’t matter which permanent visa you hold/held. 

This sounds like a neat trick, @paulhand.   So, if you've left Australia with 2 years left to run on your current RRV, and you know you want to stay abroad longer than that, you just apply straight away and you get a bonus 3 years?  

[Quee]

Thank Paul.

It’s more the time frames regarding visas that got me confused and whether a visa is counted as a continuous period of time rather than separate visas with separate dates to adhere to (I. The next 5 year period starts from the date the RRV issued and discounts anytime prior to this).
 

I’ve tried to look on the gov website and other blogs regarding when the 5 year period starts and finishes (I.e the day you lodge your RRV or the day your RRV expires. If we can’t get back sooner, I would be lodging mine the end of 2022 anyway as my visa expires April, and I’ve heard processing times recently can take up to 16 weeks. If this is allowed by Aussie gov and they count the day I lodge, I’ll have my 2 years. But if it’s April, then I’ll have lost it.

I’m only going to be short by 60 days or something which is quite frustrating.

Thanks for your help. I’m going to try to contact Aussie immigration for clarity regarding dates.

 

[Marisawright]

56 minutes ago, Quee said:

I’ve tried to look on the gov website and other blogs regarding when the 5 year period starts and finishes (I.e the day you lodge your RRV or the day your RRV expires. If we can’t get back sooner, I would be lodging mine the end of 2022 anyway as my visa expires April, and I’ve heard processing times recently can take up to 16 weeks.

If you meet the 2 years out of 5, the approval time is automatic and very fast - someone applied recently and got it within a day.

[paulhand]

8 hours ago, Quee said:

I’m going to try to contact Aussie immigration for clarity regarding dates.

Don’t put too much faith in what their call centre tells you. 

[Quee]

Thanks Paul. I’ve read similar things re call centre, hence posting here.

 

If I applied and it was rejected because I’d applied too early or they did count the timeframe as RRV to RRV, would I still be able to re-enter Australia on my original RRV before the expiry date? Or would the new application void the previous one.

Again, thank you for your advice.