Maddyowen Posted January 11, 2023 Share Posted January 11, 2023 Hi, just wondered if anyone might be able to help? My Dad has a 143 parent visa which was granted in April 2018 and he flew over in August 2018 to validate it. He finally made the permanent move over in December 2021 and has been living here for a year. His Mother became ill and he flew back in November to visit. On the way back through the security said that his visa runs out in 2023. I was under the impression that once it’s been validated he becomes a permanent resident and could come and go as he pleased and that was it? My husband and I have lived in Australia for 11 years and even though we have only been back to the UK once in 2017. We cane through security with no problem on out British passport and never had an issue getting back into Australia. Am I correct in thinking that my Dad will have to apply for another visa if he needs to back to the UK again to come back to Australia. Hope some can help? Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 11, 2023 Share Posted January 11, 2023 (edited) 39 minutes ago, Maddyowen said: Hi, just wondered if anyone might be able to help? My Dad has a 143 parent visa which was granted in April 2018 and he flew over in August 2018 to validate it. He finally made the permanent move over in December 2021 and has been living here for a year. His Mother became ill and he flew back in November to visit. On the way back through the security said that his visa runs out in 2023. I was under the impression that once it’s been validated he becomes a permanent resident and could come and go as he pleased and that was it? My husband and I have lived in Australia for 11 years and even though we have only been back to the UK once in 2017. We cane through security with no problem on out British passport and never had an issue getting back into Australia. Am I correct in thinking that my Dad will have to apply for another visa if he needs to back to the UK again to come back to Australia. Hope some can help? He will need to apply for a residency return visa. He can’t just come and go ongoing. Permanent visas have a five year travel part. It is expected that you settle within five years. If you wish to travel after that then you request a RRV visa. I expect when you travelled you were just inside the five year mark of visa grant. If you travelled now you would need a RRV. Without it you would be denied entry back into Australia. Edited January 11, 2023 by Tulip1 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 11, 2023 Share Posted January 11, 2023 1 hour ago, Maddyowen said: My Dad has a 143 parent visa which was granted in April 2018 and he flew over in August 2018 to validate it. He finally made the permanent move over in December 2021 and has been living here for a year. His Mother became ill and he flew back in November to visit. On the way back through the security said that his visa runs out in 2023. I was under the impression that once it’s been validated he becomes a permanent resident and could come and go as he pleased and that was it? All PR visas have what's called a "travel facility" on them, which lasts for 5 years. It allows you to leave the country and come back as often as you like within that 5 years. You either need to get your citizenship before the travel facility expires, OR apply for a "Resident Return Visa" (RRV), which renews the 'travel facility' for another 5 years. If you leave the country without a valid RRV, you won't be allowed back in, because your original PR visa isn't enough to get you in. If he's got his permanent home in Australia, he shouldn't have any trouble getting one, so he should just apply. 1 hour ago, Maddyowen said: My husband and I have lived in Australia for 11 years and even though we have only been back to the UK once in 2017. We cane through security with no problem... As Tulip says, it's quite likely you were still within your first 5 years when you went on holiday, and that's why you had no trouble. If you were to go on holiday overseas tomorrow, you'd find yourself being denied entry when you come back. If you've got any plans to leave the country, even just to go to Bali, I suggest getting a RRV arranged pronto. If you've got no plans to travel, then you don't need to bother with the RRV. There are people who've lived in Australia for 30 years and never had one, because they never go abroad. However the easiest solution is to apply for your citizenship. You can hold joint Australian and British citizenship and it just protects your right to travel between the two countries without any hassle. Quote Link to comment Share on other sites More sharing options...
Maddyowen Posted January 11, 2023 Author Share Posted January 11, 2023 No we arrived in Oz on November 2011 and we went back to the UK in December 2017 we came back to OZ on January 2018 and no one said anything?? Quote Link to comment Share on other sites More sharing options...
Maddyowen Posted January 11, 2023 Author Share Posted January 11, 2023 Can he apply for citizenship even thou he’s only been living here for 1 year? Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 11, 2023 Share Posted January 11, 2023 (edited) 40 minutes ago, Maddyowen said: Can he apply for citizenship even thou he’s only been living here for 1 year? No. He can’t but you can. I assume you already have citizenship. That’s the only way I can see you got let back into Australia when you did if more than five years has passed since visa grant. He needs to apply for a residency return visa. He will probably only get a one year RRV. If you’ve been resident for two years you get a five year RRV. He can apply for citizenship once he’s been resident in Australia for four years. Edited January 11, 2023 by Tulip1 Quote Link to comment Share on other sites More sharing options...
calNgary Posted January 11, 2023 Share Posted January 11, 2023 1 hour ago, Maddyowen said: No we arrived in Oz on November 2011 and we went back to the UK in December 2017 we came back to OZ on January 2018 and no one said anything?? I think maybe you were just lucky and customs didn't pick up on it if you hadn't done your Aus citizenship, if you were a citizen then it wouldn't be a problem anyway. My friend and her family didn't know about the 5 yr limit and they went overseas non the wiser, on their return Customs pulled them in. Thankfully they explained they didnt realise about the RRV, showed their Aussie driving licences, gave their address here, employer name, kids school etc and they were allowed in no problem but told if they left again before gaining citizenship they needed a Resident Return Visa. Cal x 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 11, 2023 Share Posted January 11, 2023 (edited) 1 hour ago, Maddyowen said: No we arrived in Oz on November 2011 and we went back to the UK in December 2017 we came back to OZ on January 2018 and no one said anything?? You were bloody lucky in that case! Unless you'd already got your Australian passports (citizenship) by that time, of course. By the way, in case you're worrying, the RRV is fairly quick to be granted and cheap compared to other visas, so it's not a huge deal to get one. If he fulfils the residency requirements then it's just a rubber stamp and it's all routine. Just don't leave it too long in case there are delays. Edited January 11, 2023 by Marisawright Quote Link to comment Share on other sites More sharing options...
Nemesis Posted January 11, 2023 Share Posted January 11, 2023 2 hours ago, Maddyowen said: No we arrived in Oz on November 2011 and we went back to the UK in December 2017 we came back to OZ on January 2018 and no one said anything?? Did you maybe arrive originally on a temporary visa such as a 457, and then subsequently get PR? 2 Quote Link to comment Share on other sites More sharing options...
Maddyowen Posted January 11, 2023 Author Share Posted January 11, 2023 I’m so sorry! After readying all the reply’s I went into a panic and went through all my paper work. I couldn’t remember getting a Resident return visa but couldn’t believe they would of let us back in. After finally logging onto my Immi account I found a resident return visa. It expired July 2022 but I did get one, so I’m sorry for the miss information. I just wanted to double check that my dad has to live in Australia for a minimum of two years before he can apply for his citizenship? 2 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 11, 2023 Share Posted January 11, 2023 20 minutes ago, Maddyowen said: I’m so sorry! After readying all the reply’s I went into a panic and went through all my paper work. I couldn’t remember getting a Resident return visa but couldn’t believe they would of let us back in. After finally logging onto my Immi account I found a resident return visa. It expired July 2022 but I did get one, so I’m sorry for the miss information. I just wanted to double check that my dad has to live in Australia for a minimum of two years before he can apply for his citizenship? It’s four years now Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 11, 2023 Share Posted January 11, 2023 So good of the airport security to mention that to your dad. Had they not, he and you would have been in deep waters on your next trip. Glad you now know and can get things sorted out. Unfortunately it’s now four years resident before you can apply for citizenship. Quote Link to comment Share on other sites More sharing options...
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