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
