I have a PR
with subclass 100 but I separated from my partner 2 years ago. The PR
has been granted in 2006 but since then, I have worked in China for an Australian company 1 year and my total "physical" days as per today only add up as 490. Since March last year, I have been working in Asia but not for an Australian company.
I have a few question:
- does the fact that I have separated from my partner influence my rights of living in Australia (RRV or citizenship)?
- could I "claim" the year working in China towards a RRV visa?
I am currently not in Australia and finding myself at a crossroad about whether to go back this year or not (visa expires next year), but don't want to loose my PR
Thanks ahead for all precious information!
Originally Posted by SOMV
You are a permanent resident, so if you are in Australia when your visa lable expires you still remain a permanent resident, with full work rights.
However, if you want to be able to travel in and out of Australia you must renew your visa label every 5 years until you obtain Australian citizenship.
You will not be applying for a new 856 visa though, what you need to do now and every 5 years from this point on until you have decided to become an Australia citizen is to apply for a RRV (resident return visa).
If you have not spent enough time in Australia in the last 5 years you may not be eligible for an RRV, in which case you cannot travel in and out of the country until you are eligible for and have been granted an RRV (there are some exceptions to this but I won't go into them here).
If you have not spent enough time in Australia to be eligible for the RRV then don't complicate your life by letting your visa label expire before you return to Australia. If you let that happen then you may be at risk of losing your permanent residency!
Here is some more information about the RRV and eligibility:
Hope that helps.