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When does a Permanent Residency Visa start


gaunty

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Hi All

We're on a 176 to Victoria, police checks received last week and Meds are booked for next week. Since we're in the home straight (!) we will need to do an activation trip within a year of the police checks (since they came first).

 

Could someone please tell me when the 5 year period (before we have to apply for a RRV) starts. Is it from the date of the Police Check or is it when we first enter Oz on that activation trip?

 

Regards

 

Gaunty.

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Yes it's 5 years form the date of issue. The expiry date is quoted on the visa grant letter as is the last date for "date of first entry" i.e. when you have to validate the visa by.

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Guest The Ropey HOFF

The 5 years is the life of the 175 visa, i think you can go and live there anytime right up to the 5 year end date, is that right? and what happens after that, do you have to get citizenship? or can you stay regardless?

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Hi,

 

This visa allows you and any secondary applicants included in your visa application to live as permanent residents in Australia.

 

What's the five years you refer too?

 

Thanks

 

The 5 years is the life of the 175 visa, i think you can go and live there anytime right up to the 5 year end date, is that right? and what happens after that, do you have to get citizenship? or can you stay regardless?

Hi there,

Yes, the PR visa expires after 5 years but you can stay in Australia indefinitely. However, should you want to leave Australia for an overseas holiday then you must obtain a Residents Return Visa (subclass 155) before you leave or you won't be able to return and would have to go through the whole migration process again.

Regards Derren

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The 5 years is the life of the 175 visa, i think you can go and live there anytime right up to the 5 year end date, is that right? and what happens after that, do you have to get citizenship? or can you stay regardless?

 

Hi,

 

The post was about the 176

 

This visa allows you to live and work in Australia on a perminant basis. If you wish to become a citizen, you can apply after 4 years.

 

Thanks

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Hi there,

Yes, the PR visa expires after 5 years but you can stay in Australia indefinitely. However, should you want to leave Australia for an overseas holiday then you must obtain a Residents Return Visa (subclass 155) before you leave or you won't be able to return and would have to go through the whole migration process again.

Regards Derren

 

Thanks, clears that one up :) next!! Lol

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Hi,

 

The post was about the 176

 

This visa allows you to live and work in Australia on a perminant basis. If you wish to become a citizen, you can apply after 4 years.

 

Thanks

 

It doesn't matter if it's 175 or 176 or 885 or 886, as all these are PR visas granting the holder(s) permanent residency in Australia.

 

Now, "permanent residency" and "permanent residency visa" are nevertheless two different things as in the permanent residency granted never expires and lets the holder(s) stay in Australia permanently (i.e., forever), whereas the permanent residency visa (175/176/885/886) has a validity of 5 years from the date of issue. The 5-year validity period is to make sure the holder(s) are actually residing in the country at least for 2 years out of 5.

 

Here's how it works:

 

If the date of issue of PR visa is 01 Aug, 2011

Date of expiry: 31 Jul, 2016

 

Scenario 1: Say the holder enters Australia (of course after the visa has been validated already within the "Date of first entry") on 30 Jul, 2016 since the visa is still valid.

 

Then he/she can stay in Australia permanently albeit the visa would expire the next day i.e., 31 Jul, 2016. The expiry of the visa doesn't impact the validity of the "permanent residency" issued in the first place provided the holder(s) is already in Australia on the date of expiry.

 

As long as the holder(s) don't leave Australia, it works fine and PR status remains valid.

 

Now, if the holder(s) want(s) to travel overseas for a holiday, say on 01 Nov, 2016, there wouldn't be any issue while leaving Australia. But but but, when the holder(s) tries to enter Australia, since the PR visa has already expired on 31 Jul, 2016 they can't do so. They would have to apply for a RRV (Resident Return Visa) Subclass 155 which again has a validity of 5 years, before they can be allowed to enter Australia again as permanent residents. Normally, it is recommended that RRV ought to be applied before leaving Australia if the PR visa has already expired.

 

One of the conditions for the RRV to be granted is the holder(s) should have lived in Australia at least for 2 years in the 5 years period.

Scenario 2: Date of entry: 01 Aug, 2014

 

Since by the time the visa expires, the holder(s) would have lived in Australia for 2 years i.e., from 01 Aug, 2014 to 31 Jul, 2016, a RRV would be granted without any issue.

 

 

armandra!

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So my visa runs out july 2013,i dont expect to be over anytime soon because of the hse not selling,according to what im reading here HOW do i qualify for a RRV then? or WHEN?

IE if im only living in OZ 1 year before visa expires there must be a way of qualifying?mustnt there:wideeyed::goofy:

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Guest Guest31881

The way i understand the ruling is that you have to have spent 2 years in Australia for the 5year RRV to be issued. if you arrive in 2013 then you would be allowed to stay permanently, If you wish to leave and return before you qualify for a 5 year RRV you can apply for a 3 month RRV that will allow you to leave and return to Australia in a 3 month period.

 

I am sure someone will be able to explain in better than I have,

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The way i understand the ruling is that you have to have spent 2 years in Australia for the 5year RRV to be issued. if you arrive in 2013 then you would be allowed to stay permanently, If you wish to leave and return before you qualify for a 5 year RRV you can apply for a 3 month RRV that will allow you to leave and return to Australia in a 3 month period.

 

I am sure someone will be able to explain in better than I have,

 

 

Aha! 2 yrs for a "5" year rrv:idea:,that explains it colin thx,3 month is fine,just thought there "must" be some way of returning home incase of one of "those" phone calls,its easy to misunderstand some of the posts tbh,well it is for "me"!:smile:

I just got a PM from somebody worrying that armandras post was saying you have to live in oz for 2 years before the visa expires or the visa is invalid,which i knew that wasnt the case,but like i say....easy to misunderstand colin,as long as i can get home in an emergency is all thats required,our parents are knocking on now and not in the best of health(touchwood their fine for a good while yet tho)

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Have just taken this information of my Visa, hope it helps...

 

'This visa allows you to remain in Australia permanently. In addition, it includes a travel facility which allows the holder to travel in and out of Australia as a permanent resident for a period of 5 years from the date it was issued.

Once this initial permission to travel and return to Australia ceases, you will need to apply for a Resident Return Visa (RRV) if you wish to travel overseas and return to Australia as a permanent resident. Eligibility for an RRV is generally on the amount of time you have spent in Australia as a permanent resident, although there are some concessions for people who cannot meet these residential requirements. If departing Australia without an RRV, the holder will lose their right to return to Australia as a permanent resident. This will not apply to those who have since become Australian Citizens'

 

Also, as to activating your visa,

 

Ours is a 119 and was issued on 1st June 2011. It states on the paperwork that we have to enter Australia no later that 5th April 2012.

 

Hope all that helps.

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