Can Hol Visa count toward PR Total?

[pommysteve]

Here's a good one..?

As I understand it you need to live in Aus for a total of 2 years within the 5 year validity of your 175 PR VISA to be able to get a RRV visa?

 

Will I be able to count the 3 months I spent there on a holiday (ETA) towards that 2 year total even though it was before I applied for a 175 PR Visa?

 

I doubt it but It's worth knowing the answers to these things, eh?

 

Thanks,

Steve.

[Guest Gollywobbler]

Here's a good one..?

As I understand it you need to live in Aus for a total of 2 years within the 5 year validity of your 175 PR VISA to be able to get a RRV visa?

 

Will I be able to count the 3 months I spent there on a holiday (ETA) towards that 2 year total even though it was before I applied for a 175 PR Visa?

 

I doubt it but It's worth knowing the answers to these things, eh?

 

Thanks,

Steve.

 

Hi Steve

 

Nope. Only time spent in Oz as a Permanent Resident counts.

 

Cheers

 

Gill

[Guest jenny79]

in my opinion, if one argues a particular point, it does.

 

the definition of an unlawful non-citizen in the citizenship act (http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/36700F7A6C6BF1DCCA2575DE000D5D6D/$file/AusCitizenship2007.pdf - check page 14/77 of the pdf, not the pages themselves.) refers to the definition given in the migration act of 1958...

 

now, an unlawful non-citizen as per the migration act of 1958 (part 1, where the definitions are is found here: http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/21AA25BB79AE9108CA257604002A099F/$file/Migration1958Vol1_WD02.pdf - page 53/252 of the pdf)

 

the definitions of lawful and unlawful non-citizens as given in the migration act:

 

13 Lawful non-citizens

(1) A non-citizen in the migration zone who holds a visa that is in

effect is a lawful non-citizen.

 

(2) An allowed inhabitant of the Protected Zone who is in a protected

area in connection with the performance of traditional activities is a

lawful non-citizen.

 

14 Unlawful non-citizens

(1) A non-citizen in the migration zone who is not a lawful non-citizen

is an unlawful non-citizen.

(2) To avoid doubt, a non-citizen in the migration zone who,

immediately before 1 September 1994, was an illegal entrant

within the meaning of the Migration Act as in force then became,

on that date, an unlawful non-citizen.

 

 

Moreover, as per DIAC's website, lawful non-citizens are: "A lawful non-citizen is a national from another country who has the right to be in Australia either indefinitely or temporarily because they hold a permanent or temporary visa." check here: Australian Immigration Fact Sheet 86. Overstayers and Other Unlawful Non-citizens

 

however, i am neither a migration agent, nor a lawyer. this is only the way i understand things to be.

[pommysteve]

Heavy Man! But mucho thanks!

I couldn't find any definition on the DIAC web site which is why I asked.

Thanks.