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What will happen to my 176 visa if I decide to leave Australia for unlimited period


EugeneS

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Hi folks!

 

I wonder what will happen to my 176 visa in case I decide to move back from Aussie for unlimited period of time?

As far as I know I have to register the moment I arrive to Aussie for the first time. But what happens next? Do I have to stay there continuously just to keep my visa? Does it have any expiration date? I know that 176 visa is for PERMANENT residents. But are there any conditions which may cause the visa to get expired or non-valid anymore?

 

Will be difference if I'll have to leave after being less than 2 years or more than 2 years (which are required to stay in certain state for sponsored visas)?

 

 

Thanks in advance!

All help will be greatly appreciated!

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176s are for permanent residency, but do have conditions attached to them - you have to enter and validate your visa by the date given on your visa grant letter (normally a year afer it's granted). The visa is valid for 5 years. If you haven't spent a specific amount of time in Australia within that 5 year period, if you leave Australia you'll have to apply for a resident's return visa before leaving Australia. Depending how long you've been in the country, this may only be granted as a 3 month return. All the details about validity of visas and RRVs will be on the DIAC website...

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176s are for permanent residency, but do have conditions attached to them - you have to enter and validate your visa by the date given on your visa grant letter (normally a year afer it's granted). The visa is valid for 5 years. If you haven't spent a specific amount of time in Australia within that 5 year period, if you leave Australia you'll have to apply for a resident's return visa before leaving Australia. Depending how long you've been in the country, this may only be granted as a 3 month return. All the details about validity of visas and RRVs will be on the DIAC website...

 

Hi and thank you for your reply!

So just to clarify, you mean that I have to obtain the RRV before I actually leave the country and there will be a certain approved period of time stated for which I can be out of Australia? BTW, I've already tried to search in the DIAC site for the validity times topics but unfortunately I couldn't find much information. Could you help me with a direct link please?

 

Thanks!

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You obviously haven't received your 176 visa yet (otherwise you'd know it expires 5 years after being issued). Note that it is only the visa (a necessity to enter Australia) that expires your right to remain in Australia is Permanent. You are given a date (generally one year after the earlier of your police checks or your medicals) in which you must validate the visa. Provided you do that you can then leave Aus until the visa is about to expire. You can then go back to Australia and live there forever - but if you don't go then you might never get back in - you can't enter on an expired visa. In order to obtain a Resident Return Visa (which is valid for another 5 years) you need to have lived in Australia for 2 years. A 3 month emergency RRV is available but only issued on Compelling and Compassionate grounds (e.g. if you are living in Australia but not long enough to qualify for an RRV and your visa has expired and you need to rush back to an elderly relatives bedside or funeral).

 

As I understand it as long as you have completed 2 years in Australia in total after your 176 was issued (doesn't have to be continuous or the 2 years immediately before applying for the RRV) then you can get an RRV. They can be applied for outside of Australia but if there is a doubt as to whether or not you'll get one that doesn't seem a good idea!

 

Despite the 176 being sponsored by a particular state there doesn't currently appear to be any enforcement in place to check that the 2 years in Australia were in that state (although DIAC rules can change overnight) anywhere in Australia is fine.

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Hi and thank you for your reply!

So just to clarify, you mean that I have to obtain the RRV before I actually leave the country and there will be a certain approved period of time stated for which I can be out of Australia? BTW, I've already tried to search in the DIAC site for the validity times topics but unfortunately I couldn't find much information. Could you help me with a direct link please?

 

Thanks!

 

Funny concept, obtaining a visa that grants you a stay outside the country. Make sure to be back before midnight next Monday or we take your car keys away :biggrin:

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Provided you do that you can then leave Aus until the visa is about to expire. You can then go back to Australia and live there forever - but if you don't go then you might never get back in - you can't enter on an expired visa. In order to obtain a Resident Return Visa (which is valid for another 5 years) you need to have lived in Australia for 2 years.

 

Thank you for the explanation!

So, as I understand, unless you apply for a citizenship (and get it), you have to renew the RRV once in 5 years, while actually being in Australia for at least 2 of them each time?

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Thank you for the explanation!

So, as I understand, unless you apply for a citizenship (and get it), you have to renew the RRV once in 5 years, while actually being in Australia for at least 2 of them each time?

Well if you just stay in Australia you don't need an RRV or citizenship at all but basically I think that's right. Of course if you get an RRV and then spend another two years in Oz you'll have your four years and be able to get Citizenship and so won't need another RRV and will be able to spend an indefinite amount of time outside of Australia. I don't know why you'd want to do all that to not live in Australia though.

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Funny concept, obtaining a visa that grants you a stay outside the country. Make sure to be back before midnight next Monday or we take your car keys away :biggrin:

 

It's no different to any other visa.

 

Like all visas, an RRV grants you permission to enter the country. And like all visas, it has an end-date.

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It's no different to any other visa.

 

Like all visas, an RRV grants you permission to enter the country. And like all visas, it has an end-date.

 

Yes I know that, but you don't need any kind of visa to leave Australia. Thats what my post was referring to ;)

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  • 3 weeks later...
Information overload! :GEEK:

 

We validated March 2011, came to live here in November 2011 ~ On a 176

 

Can anyone tell me, if we return to the Uk (say in a year or two) without having citizenship, can we or the children return in the future? :unsure:

 

Your visa was granted May 2010 so you would have to be back before May 2015 or get a RRV if you had not take out citizenship.

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After 4 and a half years, if you decide to keep your visa, you are required to stay in Oz for the last 6 months of 5 validating period of your visa to extend your visa, otherwise it will expire. The other option is to apply for citizenship.

Final case, if you are not qualified for the two options above, you might have to apply for Resident Return Visa.

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& then when you return, do you have to stay/live or can you just come over on holiday?

 

(P.S Roughly how much is a RRV?)

 

If you look it up on the immi website will give you all the information

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After 4 and a half years, if you decide to keep your visa, you are required to stay in Oz for the last 6 months of 5 validating period of your visa to extend your visa, otherwise it will expire.

 

No, you don't.

You can arrive on the last day the visa is valid for, if you like. You will still be allowed in.

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& then when you return, do you have to stay/live or can you just come over on holiday?

 

(P.S Roughly how much is a RRV?)

 

You can come for a holiday but if you want to keep the PR going you have to commit to spending time here eventually. It will become more difficult to qualify for an RRV the less time you spend here. You need to have good reasons for extended absences and also be able to demonstrate your ties to the country. It becomes a bit hard to prove if you live and work somewhere else. :wink:

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