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37K views 17 replies 9 participants last post by  sabhand 
#1 ·
Hi, I am currently an Australian permanent resident and I am living in the US (I am a born citizen of USA). I recently found out that I need to live in AU for at least 2 out of the 5 years of my residency. With knowing that I need to pack my bags and get back over there in less then six weeks. My husband just came home from Iraq and I'm not ready to leave. If I don't get back within that time, what happens? Can I re-apply for the residency? Also my mother married an Australian citizen and my daughter was born in the country but before I had my residency so I know she doesn't have thosee benifits. Do these make any difference to possibly re-applying at a later time so I don't need to leave now? Someone please help me :)
 
#2 · (Edited)
What you need to do is get another Resident Return Visa. Your current one is due to expire in 6 weeks. If you haven't lived in AU for 2 out of 5 yrs but at least 1 day in AU in the last 5 yrs you can probably get a 3 month RRV. I am unsure if you can keep renewing it, but it can give you a bit more time to make a plan.

Read this info about the RRV:
Australian Immigration Fact Sheet 95. Documents Needed to Enter Australia

If you do go past the 5 yrs without a new RRV and you are outside AU you have essentially lost your AU PR and will have to do a brand new application based on all of the rules for PR at that time. If you are inside AU then you can continue to reside here, but don't leave AU before you get another RRV.

I encourage you to try and maintain your PR as the new rules are more stringent than they were 2 yrs ago and you may not be eligible based on a lack of points (you might have met the points test of 2 yrs ago but not the current set). And you'd have to apply with all the police checks and medicals as a new PR.

Your mother relation helps if you were doing a new PR application (you could be family sponsored), but it does not help with your current PR or an RRV.
 
#3 ·
Thank you very much. One more question, my residency doesn't expire until novebmber but I was going to head back in april to add the 7 remaining months I need to make 2 years. If I didn't make it by April, would I be able to apply for another residident return visa as long as I'm back before it expires? Thanks again!



What you need to do is get another Resident Return Visa. Your current one is due to expire in 6 weeks. If you haven't lived in AU for 2 out of 5 yrs but at least 1 day in AU in the last 5 yrs you can probably get a 3 month RRV. I am unsure if you can keep renewing it, but it can give you a bit more time to make a plan.

Read this info about the RRV:


If you do go past the 5 yrs without a new RRV and you are outside AU you have essentially lost your AU PR and will have to do a brand new application based on all of the rules for PR at that time. If you are inside AU then you can continue to reside here, but don't leave AU before you get another RRV.

I encourage you to try and maintain your PR as the new rules are more stringent than they were 2 yrs ago and you may not be eligible based on a lack of points (you might have met the points test of 2 yrs ago but not the current set). And you'd have to apply with all the police checks and medicals as a new PR.

Your mother relation helps if you were doing a new PR application (you could be family sponsored), but it does not help with your current PR or an RRV.
 
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#6 ·
In simple terms..India does not allow dual citizenship..so If you want to become a citizen of some other country(AUS in this case)..you may have to leave your current Indian citizenship behind.
 
#7 ·
Lapsing Australian PR

Did read the comments on this thread so far. It has been suggested that if someone lets their Oz PR lapse (e.g. like me, by staying outside OZ for virtually all of the 5 year term except for about 2 weeks), they can lodge a new application and be considered for a new PR under the existing criteria. It would be great if someone can share their experience as to whether these previously lapsed PR candidates are equally or less likely to be granted a new PR. I suppose one can not complain if immigration department is extra cautious about wasting limited number of PR slots on people who appear to be less keen (by not utilising the PR initially granted to them) on Oz than the other qualified candidates. For me, I still have a few months before the PR expires. My sister and her husband are citizens and residents in Oz. Myself and wife also intend to move there (she is not a PR, has not applied for yet). But it seems I just took the PR too early and would rather move couple of years down the line, if I get a new PR or unless I manage to move before the current one expires! Shall appreciate your insight. Thanks all.
 
#14 ·
I got my PR in Feb,2011 and I lived in Australia for 6 months only since the acquirement of PR . Now my PR is due to expire in Feb,2016. My question is can I come back to Australia before Feb,2016 on the same PR visa or do i need to apply for RRV. My daughter is Australian citizen will it help me in showing any sort of tie with Australia if i need to apply for RRV.
 
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