Residence duration requirements under PR?

[Guest funkyboots]

Would really appreciate some help! Have searched the immi site but still baffled. Currently on temp visa and due for PR Nov 2011. When I get PR I know I have to apply for a RRV in order to spend time away and be able to return as a resident.

1. Can I apply for the 5 year RRV as soon as I get PR and does this mean that as long as I return within 5 years I am ok to stay?

2. If not, how long can I spend away in one go and be able to come back as a resident.

I want to spend 2 1/2 years working away for financial reasons, but want to make sure I can still come back with no restrictions!

 

Any advice much appreciated - thanks in advance!

[Guest amer]

Your PR will allow you to travel in and out of OZ for 5 years. You only need RRV if you still want to travel in and out after the 5th year of your visa, this RRV gives you another 5 years. To qualify for the RRV you will need to have stayed in OZ a cumulative of 2 years out of 5 years. Or you need to have economic benefit to OZ like having a house, business etc in OZ.

 

Hope this helps

[Guest funkyboots]

Thanks for that speedy response! So i could in theory go and work away for the whole 5 years, return just in time, and then I would need to stay for 2 years to be able to get the RRV to leave and return again? Perfect!

Cheers!

[Guest amer]

That would be correct, assuming you got your visa in Nov11 you just need to validate your visa and be away until a day before the 5th year (nov-2016) of your visa validity. You could then live in OZ indefinitely, and after 2 years(nov-2018) you can apply rrv and move out again. As usual there are always exceptions and you can try appealing to DIAC to give you RRV even if you don't meet the criteria giving good justifications.

[Guest MaybeOz]

Your PR will allow you to travel in and out of OZ for 5 years. You only need RRV if you still want to travel in and out after the 5th year of your visa, this RRV gives you another 5 years. To qualify for the RRV you will need to have stayed in OZ a cumulative of 2 years out of 5 years. Or you need to have economic benefit to OZ like having a house, business etc in OZ.

 

Hope this helps

 

Thanks for this info.

 

If we ever actually move over to Aus we will have less than 2 years available on our PR visa and therefore have been worrying about the RRV issue.

 

Can I just clarify one thing, you mention economic benefit i.e. if we own a house, does this mean if we need to return home in an emergency for a short while (someone falling ill etc) we would be able to all/some of us leave Aus and still be let back in. Is this correct?

 

Kari :wubclub:

[FamilyGuys]

That would be correct, assuming you got your visa in Nov11 you just need to validate your visa and be away until a day before the 5th year (nov-2016) of your visa validity. You could then live in OZ indefinitely, and after 2 years(nov-2018) you can apply rrv and move out again. As usual there are always exceptions and you can try appealing to DIAC to give you RRV even if you don't meet the criteria giving good justifications.

 

Oh, that's very interesting. I've been wondering about that myself, although I have heard that if you leave your move until just before the 5 years is up you will then have to stay in Aus for 2 years - and my worry would be the possibility of a relative becoming sick in the UK and not being able to leave Aus without risking the visa. Also, I hope I'm wrong but I read somewhere that the 5 years are counted from the date of medicals/ police checks not from when you received your visa. Can anyone confirm this?

[Guest amer]

Thanks for this info.

 

If we ever actually move over to Aus we will have less than 2 years available on our PR visa and therefore have been worrying about the RRV issue.

 

Can I just clarify one thing, you mention economic benefit i.e. if we own a house, does this mean if we need to return home in an emergency for a short while (someone falling ill etc) we would be able to all/some of us leave Aus and still be let back in. Is this correct?

 

Kari :wubclub:

 

Please refer to DIAC relating to RRV eligibility:

http://www.immi.gov.au/migrants/residents/155/eligibility.htm

 

You can see that one of the criteria for RRV eligibility is satisfying 2 out of 5 years. But in the event you do not meet that condition you might still be issued RRV if you meet the other criterias. One of them is

 

"You must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia"

 

I would think if you go to OZ on the 4th year and start working n pay your taxes, bought a house, car and intend to reside permanently, you just need to provide evident for that and you could still obtain you RRV at the end of the 5 years visa. However, I would get more info from an agent on the best way to produce the evidence since the condition is quite subjective. Other option is to obtain a 3 months RRV in case of emergency reasons that requires you to go out of OZ.

 

The full condition is listed at the link provided. Hope it is useful for you. Cheers.

[Guest amer]

Oh, that's very interesting. I've been wondering about that myself, although I have heard that if you leave your move until just before the 5 years is up you will then have to stay in Aus for 2 years - and my worry would be the possibility of a relative becoming sick in the UK and not being able to leave Aus without risking the visa. Also, I hope I'm wrong but I read somewhere that the 5 years are counted from the date of medicals/ police checks not from when you received your visa. Can anyone confirm this?

 

I think if you have moved in for good you should not have prob getting RRV. But in worst case scenario, you could get a 3 months RRV which requres only 1 day out of 5 years. Using that you can always visit relative and come back within 3 months.

[FamilyGuys]

Thanks amer! That link and your advice are very helpful. I hadn't heard about the 3 month RRV but that would cover the emergency type of situation. Great.