Help for RRV

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  #1 (permalink)  
Old 24th February 2012, 01:05 PM
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Hi All,

Currently i live in USA and I have PR of Australia and I have lived in Auz for almost 5 months but now my 5 years RRV visa is expiring in August 2012. Although I know that I have not completed my 2 year stay provision to get RRV easily so I'm looking for any advice for getting 5 Year RRV.

Please suggest how can I get 5 year RRV fast and what ties do I have to show and how easy is it to get the 5 year RRV fast. Is it faster to do it inside or outside in Australia.

Thanks all any suggestions is valuable for me.
-Leah

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Old 24th February 2012, 01:26 PM
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Hi Leah,

Are you planning to leave Australia soon and why you are inquiring about the 5 yr RRV? You likely will not get a 5 yr RRV if you haven't fulfilled the 2 yr requirement out of the 5 yrs. But you maybe eligible for the 1 yr or 3 month if you can provide evidence as indicated in the link below. When you return back to Australia, just make sure you at least stay continuous 2 years and then apply for the 5 yr RRV.

Check out: Five Year Resident Return Visa (Subclass 155)

Your PR visa can expire as long as you don't leave Australia. It only becomes an issue when you leave Australia and want to return since you need a valid Australian visa.

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Old 25th February 2012, 03:33 PM
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Quote:
Originally Posted by jb12 View Post
Hi Leah,

Are you planning to leave Australia soon and why you are inquiring about the 5 yr RRV? You likely will not get a 5 yr RRV if you haven't fulfilled the 2 yr requirement out of the 5 yrs. But you maybe eligible for the 1 yr or 3 month if you can provide evidence as indicated in the link below. When you return back to Australia, just make sure you at least stay continuous 2 years and then apply for the 5 yr RRV.


Your PR visa can expire as long as you don't leave Australia. It only becomes an issue when you leave Australia and want to return since you need a valid Australian visa.


Thanks for your response. I have some personal reason for which I might have to leave Australia again for more then 2 years but I do not want to leave PR visa as I will end up settling in Australia only. I wanted to check if I have spent 5 months in Australia and I have past work experience in Australia and what If I show the ties also such as get a good job in Australia and then buy a house,car etc will I still not be eligible for 5 year visa?

Please help. Thanks much.

I might have to stay outside of Australia

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Old 25th February 2012, 07:20 PM
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Hello again.

I'm no expert on the matter. But you mentioned about the ties back to Australia such as a good job, house, car,etc. Are you planning to purchase these items now before your PR visa expires that you can show to DIAC when applying for the 5 yr visa?

There is a post somewhere here in the forum regarding a couple that had to leave Australia and only had 6 months residency before their PR visa expired. The husband needed to leave the country due to business for his Australian company. It was only a short trip maybe up to a month or less if I"m guessing. The husband and the wife were approved for the 5 yr RRV. They showed proof of his work contract and that they had purchased a home.

In your case, I don't think past work experience in Australia will be that relevant because you must be still working for an Australian company. If that is the case you will need to return back to Australia to keep working. This will tell DIAC that you need to return to Australia. Even though the couple didn't have the 2 yr residency requirement, the husband still had a job to come back to proven by the work contract and a house showing the mortgage.

Since you plan to be out of Australia for 2 yrs, you no longer have the tie to Australia regarding to a job. I don't know many companies will keep a job open for any person unless it's some type of special leave law in the country or approval for that company. If you plan to buy a house now, are you paying it in cash or will get a loan in Australia? Just to let you know from personal experience in buying a property outside of the US. No US bank will approve a loan to purchase property outside of the US. I think the main reason is because if you default on the loan, the bank will not be able to retrieve that property due to different international laws,etc.

I don't think telling DIAC that if you get approved for the 5 yr RRV, you will get a good job and purchase a home when you get back to Australia. I believe you must currently have the job and house purchased to present your ties to Australia.

I would suggest you either try to contact someone from the DIAC directly to discuss your current situation. Or consult with a registered migration agent for Australia how to handle your situation in getting that 5 yr RRV.
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Old 25th February 2012, 08:18 PM
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Thanks a ton for your prompt reply. My situation is that I have to be out of Australia for 2 years but my RRV is expiring in August 2012 so if I don't get the RRV again for 5 year then I might lose my PR which I don't want. So I planned that I will go to Australia in May and get a job with Australian company then buy a house by paying some in cash and after that taking loan from Australian bank on mortgage then staying there till Dec 2012 and then I apply for my RRV so in that I case I have spent almost 5 months earlier plus 8 months + ties so may be DIAC consider my case and provide me 5 year RRV again then I can leave that job and come back to US.

After reading your response do you think that getting a job with Australian company with having USA office would be better option so that I can maintain my work status with Australian company? All I need is 5 year RRV that's it. I will surely talk with migration agent . I really appreciate your response.

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Old 25th February 2012, 09:41 PM
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Thanks for providing more information about your situation.

I think you should talk to a migration agent to get their opinion about how strict the DIAC is with granting applicant the 5 yr RRV if the applicant hasn't fulfilled the 2 yr residency requirement.

If you are granted a 5 yr RRV while in Australia, I would think that you would still have to enter Australia after you leave in December 2012 to validate the 5 yr RRV at a certain time frame like you had to do with your PR visa. If you do not, that 5 yr RRV will become invalid just like the PR visa.

Regarding your question about working for an Australian company with a US office will help. It is not very common for an Australian (or most countries) company to send an employee to work in another country office such as the US unless for a special project or training that person will need to do. Depending on your industry or profession this might be common. The reason is because most companies usually provide a stipend or additional money to temporarily relocate that employee for the job. This is for housing, food,transportation,etc. Companies usually will use their local employees instead unless they require that employee training... or training the employees in that other location with their expertise.

I would be interested to hear how this all works out for you later this year. I think your situation is very common for PR visa holders.

Good luck!

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Old 28th February 2012, 02:17 AM
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Thank you but I guess you are correct but still there is some confusion after talking with few migration agents they are still saying I can still apply for 5 yr RRV and it is totally DIAC discretion if they give me 5yr or 1 yr extension. i will surely post about my status.

Thanks again!!

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Old 28th February 2012, 03:16 AM
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Yes, it is DIAC's discretion to make that decision. I will have to make a similar decision in the near future.

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Old 1st March 2012, 01:42 PM
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Thanks for the clear lookout. I have also confirmed here at Washington, DC embassy and they have confirmed the same. Now please advice on these as well so that I can make decision.

My Re-entry is getting expired in August 2012 so when should I come to Australia at max and file for 1 Year RRV?
What kind of ties I can show for 1 yr RRV?
Is my previous 6 months countable in anyway if not, can I still come by July in Australia and then establish ties and how early can I file for 1 yr RRV then?
Can I file 1 yr RRV staying in USA and if yes, what ties I can show to get the RRV?
If I decide not to file RRV this year neither inside nor outside Australia and wait till next year and finish my project in USA and decide to file RRV in 2013 or 2014 then will I lose my PR of Australia and what do I have to do to file RRV at that time?
How many times I can get 3 month RRV?

Please help me with above doubts. Thanks a ton.

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Old 1st March 2012, 10:56 PM
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wow!

So many questions for no one to really know what the outcome will be. But I'll give my opinion.

My Re-entry is getting expired in August 2012 so when should I come to Australia at max and file for 1 Year RRV?
You should enter Australia before your visa expires since you should establish employment before you apply for the RRV. You also stated that you might purchase property as well? From the information that you have provided so far, I don't think you have any personal ties such as a boyfriend or other family members currently living in Australia? If that is the case, employment is your tie to Australia. Otherwise, what is your purpose of being in Australia? I don't know if just owning property would do it. Just because you likely will be asked, how are you paying for this property when you have been away for this specific amount of time?

What kind of ties I can show for 1 yr RRV?
employment and maybe purchased property(not sure if this is a guarantee?)

Is my previous 6 months countable in anyway if not, can I still come by July in Australia and then establish ties and how early can I file for 1 yr RRV then?
Yes, your first 6 months count. If you are asking about this, are you just planning to apply for the RRV from the US without going back to Australia to establish your ties? You will need to provide compelling passionate reasons why you have not returned back.

Can I file 1 yr RRV staying in USA and if yes, what ties I can show to get the RRV?
Yes, you can. However, if you put yourself as the person reviewing your application, why should I give this applicant the RRV when they have no existing employment in Australia and have been away 3-4 yrs from the last time the applicant was in Australia? The DIAC officer will need compelling and passionate reasons to persuade them.

If I decide not to file RRV this year neither inside nor outside Australia and wait till next year and finish my project in USA and decide to file RRV in 2013 or 2014 then will I lose my PR of Australia and what do I have to do to file RRV at that time?
You can file for the RRV. When your PR visa expires while you are out of Australia, you have lost your PR. I would think only getting approved for a RRV can reinstate your PR status. But what will be your reason to tell DIAC of why you have been out of Australia for so long? Also, what are your ties to Australia when you wouldn't have a job since you currently don't have a valid Australian visa. As you know, you have to have a valid Australian visa to work.

How many times I can get 3 month RRV?
The DIAC doesn't indicate how many times you can apply for this. But I'm assuming, you can't apply back to back. This means applying for another 3 month RRV just after the other one expired. I believe you might have to have sufficient time spent back in Australia like 1 yr or so before applying again. But as it is stated, you must provide "compelling and compassionate reasons for the absence."

If was in your position, this is what I would do.

I would go back to Australia in May as you stated in your previous post. Get a job and then purchase the property you were thinking about. Just before your visa expires I would recommend trying to apply for the 5 yr RRV. But before you plan to submit the application, you have to have a reason to be leaving Australia in the first place to even consider applying for a RRV. As long as you are staying in Australia, the expiration of your PR visa doesn't affect you. It's only when you leave Australia and want to come back. I would suggest plan a trip to vacation somewhere in Europe or Asia,etc. (any place besides the US) as your reason to leave Australia for 1-2 weeks. The reason why not going to vacation in the US is because you were just there months before. I'm only hypothetically thinking what the DIAC officer would think.

You will need to purchase the airline ticket, reserve hotel,etc. in order to show proof that you are actually going to vacation in that destination. The DIAC will need to grant you a RRV. But I'm not sure if they will give you the 5 yr. But your ties of having employment and purchased property can be it. Remember the example I had one of my first posts? They were granted a 5 yr even though they only had 6 months of residency in Australia before their PR visa expired. However, the husband had to leave for work reasons. Not sure how that compares to someone wanting to go on vacation outside of Australia?

I guess if they don't approve you for the 5 yr RRV, then you can try for the 1 yr RRV. But if you don't try applying for the 5 yr RRV, you will never know. I would think you would at least get a 1 yr RRV because you have ties established at that moment.

If you are only granted a 1 yr RRV, then before that 1 yr RRV expires, you should return back to Australia and stay at least 2 yrs continuously so that you can apply for the 5 yr RRV.

Keep two things in mind.
1) What are your compelling and passionate reasons for being out of Australia?
2) What are your ties to Australia for you to be eligible for a RRV?

These are the things you will need to provide to DIAC to prove that you are a good candidate to get a RRV. I believe the DIAC keeps this in place because if they have granted you a PR, they want you to contribute to their economy and the way to do this is through taxes.

The biggest risk in purchasing property is if the RRV situation doesn't work out to the absence that you need to complete your personal reasons of being outside of Australia. It will be up to you if you should proceed in purchasing property.


Five Year Resident Return Visa (Subclass 155)

The information from the link above:
Eligibility

If you do not meet the requirements for a five year Resident Return visa, your application will be assessed against the criteria for a three month Resident Return visa.

Five year Resident Return visa

To be eligible for a five year Resident Return visa you must be one of the following:

an Australian permanent resident
a former Australian permanent resident whose last permanent visa was not cancelled
a former Australian Citizen who lost or renounced their citizenship.
You must also meet one of the following eligibility requirements.

Length of visa Criteria
Five year visa You must have spent two of the last five years in Australia.
One year visa (for applicants in Australia) You must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia; and if you have been absent from Australia for more than five continuous years since the grant of your most recent permanent visa, you must provide evidence of compelling reasons for your absence over five years.
One year visa (for applicants outside Australia) If your last departure from Australia was as a permanent resident or Australian citizen:
you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
if you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years.
If your last departure from Australia was not as an Australian permanent resident or Australian citizen:
you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
you must have been an Australian citizen, or an Australian permanent resident, less than 10 years before the application
and
if you have been absent from Australia for a total period of more than five years since last departing as an Australian citizen or Australian permanent resident you must provide evidence of compelling reasons for your absence.
Member of a family unit until expiry of the present visa holder You are the immediate family member of a Resident Return visa holder.
Three month Resident Return visa

To meet the eligibility requirement for a three month Resident Return visa you must meet one of the following eligibility requirements.

Eligibility requirement Criteria
Residence requirement
You must have spent at least one day in the last five years in Australia as a permanent resident or an Australian citizen
and
You must provide evidence of compelling and compassionate reasons for your departure.
Member of a family unit You are the immediate family member of a Resident Return visa holder.
Note: If you have been outside Australia for more than three continuous months immediately before making the application, you must also have compelling and compassionate reasons for the absence.

You are not eligible to apply for this visa if your most recent permanent visa was one of the following Business Skills visa and it has been cancelled, or is subject to a notice of intention to cancel:

Business Owner visa (subclasses 127 and 840)
Senior Executive visa (subclasses 128 and 841)
State/Territory Sponsored Business Owner visa (subclasses 129 and 842)
State/Territory Sponsored Senior Executive visa (subclasses 130 and 843)
Investment-Linked visa (subclasses 131 and 844)
Business Talent visa (subclass 132).
About this Visa How this Visa Works Eligibility Obligations Applying for this Visa

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